Title 2, Chapter 7, Section 59
( 2-7-59)
(a) Provided the state is certified by the administrator of the
Environmental Protection Agency to register pesticides formulated to
meet special local needs, the Commissioner may act according to the
criteria set forth in this Code section in refusing to register such
pesticides, in canceling or suspending registration of such
pesticides, or in seeking legal recourse against such pesticides. (b) If it does not appear to the Commissioner that the composition
of a pesticide is such as to warrant the proposed claims for it or
if the pesticide and its labeling and other material required to be
submitted do not comply with this article or regulations adopted
hereunder, he shall notify the applicant of the manner in which the
pesticide, labeling, or other material required to be submitted
fails to comply with this article, so as to afford the applicant an
opportunity to make the necessary corrections. If, upon receipt of
such notice, the applicant does not make the required changes, the
Commissioner may refuse to register the pesticide. The applicant may
request a hearing as provided for in Chapter 13 of Title 50, the
"Georgia Administrative Procedure Act." (c) When the Commissioner determines that a pesticide or its
labeling does not comply with this article or the regulations
adopted hereunder or when necessary to prevent unreasonable adverse
effects on the environment, he may cancel the registration of a
pesticide or change the classification of a pesticide, after
providing opportunity for a hearing in accordance with Chapter 13 of
Title 50, the "Georgia Administrative Procedure Act." (d) When the Commissioner determines that there is an imminent
hazard, he may, on his own motion, immediately suspend the
registration of a pesticide in conformance with Chapter 13 of Title
50, the "Georgia Administrative Procedure Act." Opportunity for a
hearing shall be provided thereafter with the utmost possible
expedition. (e) If the Commissioner determines that a federally registered pesticide, with respect to the use of such pesticide within this state, does not warrant the proposed claims for it or would cause unreasonable adverse effects on the environment, he may refuse to register the pesticide as required in Code Section 2-7-55, or, if the pesticide is registered under Code Section 2-7-55, he may cancel or suspend the registration pursuant to this Code section. If the Commissioner determines that the pesticide does not comply with FIFRA or the regulations adopted thereunder, he shall advise the Environmental Protection Agency of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with FIFRA and suggest necessary corrections. (f) Any person who will be adversely affected by an order authorized
in this Code section may obtain judicial review thereof in
accordance with Chapter 13 of Title 50, the "Georgia Administrative
Procedure Act." |