Title 2, Chapter 12, Section 104
( 2-12-104)
The Commissioner is authorized to: (1) Cooperate with and, as the Commissioner may deem necessary,
enter into written agreements with any other agency of this state,
another state, or the federal government or any other organization
or entity that may be of assistance; (2) Inspect or cause to be inspected by duly authorized employees
any lands, facilities, equipment, materials, substances, or
products used for preparation, distribution, or labeling of
horticultural growing media. For this purpose, the Commissioner
shall have the power to enter into or upon any place during
regular business hours upon notice and to open and sample any bulk
material, bundle, package, or other container containing or
thought to contain any horticultural growing medium, or to inspect
labels or labeling; (3) Require every person registering any horticultural growing
medium in this state to furnish on forms supplied by the
Commissioner such information as the Commissioner may require to
ascertain the accuracy and truthfulness of any label, labeling, or
composition of any horticultural growing medium; (4) Place a stop sale order on any horticultural growing medium if
the composition thereof is inaccurately or untruthfully labeled; (5) Adopt, in accordance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," such rules and regulations as the
Commissioner deems necessary to ensure the accuracy or
truthfulness of labels or labeling or content of horticultural
growing media, including but not limited to: (A) Requiring that all registrants of horticultural growing
media register each product name with the Commissioner and
supply the Commissioner with a complete label and labeling for
each product name; (B) Requiring that all registrants of horticultural growing
media supply analyses of horticultural growing media they have
distributed, upon request of the Commissioner; (C) Specifying the contents of the label and the manner of
expressing the contents required on each package or accompanying
each shipment of horticultural growing media; (D) Requiring an annual registration fee for each product
registered of not more than $100.00 per product nor more than
$1,500.00 per registrant; (E) Establishing a stop sale procedure for horticultural growing
media which do not meet the requirements of this article or the
rules and regulations of the Commissioner; (F) Determining the suitability of any horticultural growing
medium for its intended purpose; and (G) Requiring data and proof of usefulness from registrants of
horticultural growing media in order to determine suitability
for its intended purpose. |