Title 2, Chapter 7, Section 63
( 2-7-63)
(a) The Commissioner is authorized, after due notice and an
opportunity for a hearing: (1) To declare as a pest any form of plant or animal life (other
than man and other than bacteria, viruses, and other
microorganisms on or in living man or other living animals) which
is injurious to health or the environment; (2) To determine whether pesticides registered under the authority
of Section 24(c) of FIFRA are highly toxic to man. The regulations
promulgated by the Environmental Protection Agency pursuant to
Section 25(c)(2) of FIFRA, as issued or as hereafter amended,
shall govern the Commissioner's determinations; and (3) To determine pesticides and quantities of substances contained
in pesticides registered for special local needs which are
injurious to the environment. The Commissioner shall be guided by
Environmental Protection Agency regulations in this determination. (b) The Commissioner is authorized, after due notice and a public
hearing as provided for in Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," to make appropriate regulations,
where such regulations are necessary for the enforcement and
administration of this article, including but not limited to
regulations providing for: (1) The collection, examination, and reporting of samples of pesticides or devices pursuant to subsection (a) of Code Section 2-7-69; (2) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers; (3) Labeling requirements for all pesticides required to be
registered under this article, provided that such regulations
shall not impose any requirements for federally registered labels
in addition to or different from those required pursuant to FIFRA; (4) The specification of classes of devices which shall be subject to paragraph (1) of Code Section 2-7-53; (5) The determination of which pesticides with restricted uses may
be distributed only by licensed restricted use pesticide dealers; (6) The requirement that any pesticide registered for special
local needs should be colored or discolored, if he determines that
such requirement is feasible and is necessary for the protection
of health and the environment. Such regulations shall be
consistent with regulations promulgated by the Environmental
Protection Agency pursuant to Section 25(c)(5) of FIFRA; and (7) The establishment of standards for the packages, containers,
and wrappings of pesticides registered for special local needs.
Such regulations shall be consistent with the regulations
promulgated by the Environmental Protection Agency pursuant to
Section 25(c)(3) of FIFRA. (c) For the purpose of uniformity of requirements between the states
and the federal government, the Commissioner, after a public
hearing, may adopt regulations in conformity with the primary
pesticide standards, particularly as to labeling, registration
requirements, and issuance of experimental use permits, established
by the Environmental Protection Agency or other federal or state
agencies. |