SB 657 - Liming Materials Act of 1996 - provide
Georgia Senate - 1995/1996 Sessions
SB 657 - Liming Materials Act of 1996 - provide
1. Ragan 11th 2. Cagle 49th 3. Guhl 45th
Senate Comm: Ag / House Comm: Ag /
Senate Vote: Yeas 50 Nays 0
Senate Action House
1/31/96 Read 1st time 2/28/96
2/15/96 Favorably Reported 3/7/96
2/19/96 Read 2nd Time 2/29/96
2/21/96 Read 3rd Time 3/13/96
FA Comm/Floor Amend/Sub
4/2/96 Sent To Governor
4/15/96 Signed by Governor
973 Act/Veto Number
*2/21/96 Postponed until 2/27/96.
Code Sections amended: 2-12-40, 2-12-41, 2-12-42, 2-12-43, 2-12-44, 2-12-45,
2-12-46, 2-12-47, 2-12-48, 2-12-49, 2-12-50, 2-12-51, 2-12-52, 2-12-53, 2-12-54
SB 657 96 SB657/AP
SENATE BILL 657
By: Senators Ragan of the 11th, Cagle of the 49th and
Guhl of the 45th
A BILL TO BE ENTITLED
1- 1 To amend Chapter 12 of Title 2 of the Official Code of
1- 2 Georgia Annotated, relating to commercial fertilizers,
1- 3 liming materials, and soil amendments, so as to revise,
1- 4 modernize, and supersede the law relating to liming
1- 5 materials; to provide for a short title; to provide for
1- 6 definitions; to regulate the sale and distribution of
1- 7 agricultural liming materials in this state; to provide for
1- 8 administration; to provide for licenses and the procedures,
1- 9 time limits, fees, and other matters relating to the
1-10 issuance, expiration, renewal, and revocation thereof; to
1-11 provide for the registration of agricultural liming
1-12 materials and products and the procedure, time limits, fees,
1-13 and other matters relating to such registration and
1-14 cancellation thereof; to provide for notices and hearings;
1-15 to provide for exemptions; to provide for tonnage reports;
1-16 to provide for labeling requirements for agricultural liming
1-17 materials; to prohibit certain acts or practices and provide
1-18 for penalties; to provide for samples and inspections; to
1-19 prohibit the sale or offering for sale of certain
1-20 agricultural liming materials; to provide for rules and
1-21 regulations; to provide for prosecution of violations; to
1-22 provide for other matters relating to the foregoing; to
1-23 repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-25 Chapter 12 of Title 2 of the Official Code of Georgia
1-26 Annotated, relating to commercial fertilizers, liming
1-27 materials, and soil amendments, is amended by striking
1-28 Article 2, known as the "Georgia Liming Materials Act of
1-29 1976," which reads as follows:
1-30 "2-12-40. (Index)
1-31 This article shall be known as the 'Georgia Liming
1-32 Materials Act of 1976.'
S. B. 657
2- 1 2-12-41. (Index)
2- 2 (a) As used in this article, the term:
2- 3 (1)(A) 'Agricultural liming materials' means and
2- 4 includes:
2- 5 (i) Solid liming materials, which are those
2- 6 materials whose calcium and magnesium content is
2- 7 capable of neutralizing soil acidity. All solid
2- 8 liming material must have a minimum neutralizing
2- 9 value of 85 percent calcium carbonate equivalent and
2-10 must not contain any material at or above a level
2-11 determined by the Commissioner to be dangerous to
2-12 plant growth; and
2-13 (ii) Liquid or suspension liming materials, which
2-14 are those materials whose calcium and magnesium
2-15 content is capable of neutralizing soil acidity and
2-16 which must have a minimum neutralizing value of 45
2-17 percent calcium carbonate equivalent and must be
2-18 free of any material at a level determined by the
2-19 Commissioner to be dangerous to plant growth. Such
2-20 liquid or suspension liming material shall have a
2-21 minimum of 3 percent elemental magnesium to be
2-22 classified as dolomitic and shall be of such
2-23 particle size that 100 percent shall pass through a
2-24 20 mesh sieve and not less than 60 percent shall
2-25 pass through a 200 mesh sieve.
2-26 (B) 'Burnt lime' means a material made from limestone
2-27 which consists essentially of calcium oxide or a
2-28 combination of calcium and magnesium oxides. These
2-29 materials shall meet the same screen specifications as
2-30 are set forth for finely ground limestone.
2-31 (C) 'Calcitic liming materials' are those materials
2-32 composed wholly or largely of calcium carbonate
2-33 containing less than 6 percent elemental magnesium.
2-34 (D) 'Dolomitic liming materials' are those materials
2-35 composed of calcium and magnesium carbonates with a
2-36 minimum content of 6 percent elemental magnesium
2-37 derived from magnesium carbonate.
2-38 (E) 'Finely ground limestone' is calcitic or dolomitic
2-39 limestone ground so that 98 percent of the material
2-40 will pass through a 20 mesh sieve and not less than 70
2-41 percent will pass through a 100 mesh sieve.
S. B. 657
3- 1 (F) 'Ground limestone' is calcitic or dolomitic
3- 2 limestone ground so that 90 percent of the materials
3- 3 will pass through a 10 mesh sieve and not less than 50
3- 4 percent will pass through a 50 mesh sieve and not less
3- 5 than 25 percent will pass through a 100 mesh sieve.
3- 6 (G) 'Ground shells' is the product obtained by
3- 7 grinding the shells of mollusks so that not less than
3- 8 50 percent of the materials shall pass through a 100
3- 9 mesh sieve; the product shall carry the name of the
3-10 mollusk of origin.
3-11 (H) 'Hydrated lime' means a material made from burnt
3-12 lime which consists essentially of calcium hydroxide
3-13 or a combination of calcium hydroxide with magnesium
3-14 oxide or magnesium hydroxide, or both.
3-15 (I) 'Marl' means a granular or loosely consolidated
3-16 earthy material composed largely of seashell fragments
3-17 and calcium carbonate. These materials shall meet the
3-18 same screen specifications as are set forth for finely
3-19 ground limestone.
3-20 (2) 'Brand' is the name under which agricultural liming
3-21 material is sold.
3-22 (3) 'Bulk' means in nonpackaged form.
3-23 (4) 'Calcium carbonate equivalent' means the acid
3-24 neutralizing capacity of an agricultural liming material
3-25 expressed as weight percentage of calcium carbonate.
3-26 (5) 'Investigational allowance' means those allowances
3-27 necessary to compensate for variations inherent in the
3-28 method of sampling, preparation, and analysis of an
3-29 official sample of agricultural liming material.
3-30 (6) 'Label' means any written or printed matter on or
3-31 attached to a package or on the delivery ticket which
3-32 accompanies bulk shipment.
3-33 (7) 'Lot' means that amount of agricultural liming
3-34 material on hand and actually covered by the official
3-35 sample at the time and place of sampling. In
3-36 determining deficiencies and penalties under this
3-37 article, the term 'lot' shall mean that amount of
3-38 agricultural liming material included in a single
3-39 delivery weight ticket.
3-40 (8) 'Neutralizing value' means the calcium carbonate
S. B. 657
4- 1 (9) 'Percent' or 'percentage' means parts per 100 by
4- 2 weight.
4- 3 (10) 'Person' means an individual, partnership,
4- 4 association, firm, or corporation.
4- 5 (11) 'Registrant' means the person who registers
4- 6 limestone under this article.
4- 7 (12) 'Sieve' number designates sieves conforming to
4- 8 specifications of the United States Standard Sieve
4- 9 Series. Sieve tests listed in this Code section are
4-10 minimum and no tolerance will be allowed. Official
4-11 analysis shall be determined by the wet method.
4-12 (13) 'Ton' means a net weight of 2,000 pounds
4-14 (14) 'Weight' means the weight of materials as offered
4-15 for sale.
4-16 (b) The definitions set forth in subsection (a) of this
4-17 Code section are applicable only when the products in
4-18 question are sold for or represented to be for
4-19 agricultural purposes. Any product not listed, the use of
4-20 which is claimed to decrease soil acidity, must meet the
4-21 requirements set forth in paragraph (1) of subsection (a)
4-22 of this Code section.
4-23 2-12-42. (Index)
4-24 (a) All registrants who sell, offer for sale, hold, or
4-25 distribute agricultural liming materials shall register by
4-26 July 1 of each calendar year with the Commissioner of
4-27 Agriculture upon applicable forms furnished by the
4-29 (b) Registration shall be made by the registrants for each
4-30 and every brand or type of agricultural liming material
4-31 offered for sale, but only one registration shall be
4-32 required for each brand and type of agricultural liming
4-33 material. No product intended for agricultural liming
4-34 purposes shall be offered for sale or distributed prior to
4-35 registration with the Department of Agriculture.
4-36 (c) Registration shall be considered permanent, unless a
4-37 change in or deviation from the information filed with the
4-38 Commissioner changes such registration.
4-39 (d) Products labeled for use in the construction or
4-40 building trades shall be exempt from registration.
S. B. 657
5- 1 2-12-43. (Index)
5- 2 (a) Any person, firm, or corporation wishing to become a
5- 3 registrant of liming materials, as defined in this
5- 4 article, shall secure a license from the Commissioner
5- 5 before engaging in such business. Such person, firm, or
5- 6 corporation shall make application for such license on
5- 7 forms to be furnished by the Commissioner, containing such
5- 8 information regarding the applicant's proposed operations
5- 9 as the Commissioner may prescribe. Such licenses shall be
5-10 renewable annually on the first day of July. Such
5-11 licenses may be revoked or suspended for cause after due
5-12 notice and opportunity for hearing to consider any
5-13 violations of this article.
5-14 (b) All registrants who have registered their products
5-15 with the Commissioner, as provided in this article, shall
5-16 pay annually, upon registration, one of the following
5-17 fees, based upon the tonnage sold during the previous 12
5-18 months' period:
5-19 (1) A $100.00 annual fee for producers having sales of
5-20 10,000 tons or more of liming materials in this state;
5-22 (2) A $50.00 annual fee for producers having sales of
5-23 less than 10,000 tons of liming materials in this state.
5-24 2-12-44. (Index)
5-25 All registrants shall submit semiannually to the
5-26 Commissioner, on forms supplied by the Commissioner, a
5-27 report showing the net tons of all liming material sold
5-28 within this state, the county to which delivery was made,
5-29 and the brands, types, or both. The reporting periods
5-30 shall be the six months preceding June 30 and December 31
5-31 of each year. Reports shall be filed within 30 days after
5-32 the close of each reporting period.
5-33 2-12-45. (Index)
5-34 (a) Agricultural liming materials sold or offered for sale
5-35 in this state for use herein or imported into this state
5-36 for sale herein shall have affixed to each container, in a
5-37 conspicuous manner on the outside thereof, a clearly
5-38 legible printed or stamped label, tag, or statement or, in
5-39 the case of bulk sales, shall have accompanying them a
5-40 delivery slip setting forth the following information in
5-41 the following order:
S. B. 657
6- 1 (1) The name and address of the principal office of the
6- 2 registrant;
6- 3 (2) The brand name of the material;
6- 4 (3) The identification of the product as to the type of
6- 5 agricultural liming material;
6- 6 (4) The minimum guaranteed neutralizing value expressed
6- 7 as a percentage;
6- 8 (5) The minimum guaranteed content of elemental calcium
6- 9 (Ca);
6-10 (6) In the case of dolomitic limestone, the minimum
6-11 guaranteed content of elemental magnesium (Mg);
6-12 (7) The minimum percent guaranteed by weight passing
6-13 through United States standard sieves as prescribed in
6-14 subparagraphs (a)(1)(E) and (a)(1)(F) of Code Section
6-16 (8) The percent moisture; and
6-17 (9) The net weight.
6-18 (b) No information shall appear on any package label or
6-19 delivery slip which is false or misleading to the
6-20 purchaser as to the quality, analysis, type, or
6-21 composition of any agricultural liming material. No
6-22 statement or claim, oral or written, which is false or
6-23 misleading as to the comparative value or effectiveness of
6-24 liming materials shall be made in any promotion or
6-25 advertising medium.
6-26 2-12-46. (Index)
6-27 If any person, before reselling any agricultural liming
6-28 material, alters or otherwise changes the original
6-29 guarantee of a lime product, the reseller is liable for
6-30 any penalty that may be incurred.
6-31 2-12-47. (Index)
6-32 The Commissioner is authorized to determine the
6-33 neutralizing value of calcium and magnesium, the fineness
6-34 of grind, and the moisture content of liming materials.
6-35 The methods of analysis shall be those adopted by the
6-36 Association of Official Analytical Chemists or such other
6-37 methods as may be adopted by the Commissioner.
S. B. 657
7- 1 2-12-48. (Index)
7- 2 Materials covered by this article shall be sampled in
7- 3 accordance with the official methods adopted by the
7- 4 Commissioner.
7- 5 2-12-49. (Index)
7- 6 (a) When any agricultural liming material in the
7- 7 possession of the consumer is found to be short weight,
7- 8 the seller shall pay to the consumer a penalty equal to
7- 9 four times the value of the actual shortage.
7-10 (b) If, at the time of delivery of an agricultural liming
7-11 material, the purchaser has doubt as to the invoiced
7-12 weight, he may demand weighing by a certified public
7-13 weigher. If the material is found to be below the
7-14 invoiced weight, the seller shall be liable for all costs
7-15 incidental to the weighing. If the weight of the material
7-16 is found to be as invoiced or above, the seller may adjust
7-17 the invoice to the true weight and the purchaser shall be
7-18 liable for all costs incidental to the weighing. Such
7-19 costs shall be calculated on the basis of $1.00 per ton
7-20 plus the weigher's fee.
7-21 2-12-50. (Index)
7-22 No agricultural liming material which fails to comply with
7-23 this article shall be sold or offered for sale in this
7-25 2-12-51. (Index)
7-26 For the enforcement of this article, the Commissioner is
7-27 authorized, after due notice and public hearing, to adopt
7-28 and enforce rules and regulations relating to the
7-29 distribution of agricultural liming materials and
7-30 necessary to carry into effect the full intent and meaning
7-31 of this article. Such rules and regulations shall not
7-32 become effective until 30 days after a copy thereof has
7-33 been mailed by certified mail to each member of the House
7-34 Agriculture and Consumer Affairs Committee and Senate
7-35 Agriculture Committee.
7-36 2-12-52. (Index)
7-37 The Commissioner is authorized to issue a 'stop sale'
7-38 order against any lot of liming materials covered under
7-39 this article when such material is found to be in
7-40 violation of the article. The stop sale order may be
7-41 removed only by written order from the Commissioner.
S. B. 657
8- 1 2-12-53. (Index)
8- 2 (a) When, upon analysis, an official sample of
8- 3 agricultural liming material fails to meet the
8- 4 requirements of this article, a penalty shall be assessed
8- 5 in accordance with the provisions of paragraphs (1)
8- 6 through (5) of this subsection:
8- 7 (1) If an official sample is found deficient in
8- 8 neutralizing value below the guarantee, the penalty
8- 9 shall be 20� per percentage point or fraction thereof on
8-10 solid liming material and 40� per percentage point or
8-11 fraction thereof on a liquid or suspension liming
8-13 (2) If an official sample is found to be deficient in
8-14 magnesium guarantee, the penalty shall be 50� per
8-15 percentage point or fraction thereof on a solid liming
8-16 material and $1.00 per percentage point or fraction
8-17 thereof on a liquid or suspension liming material.
8-18 (3) When an official sample does not meet screen
8-19 specifications as set forth in this article, the penalty
8-20 shall be 20� per percentage point or fraction thereof.
8-21 (4) If the moisture content of an official sample
8-22 exceeds 15 percent, a penalty of $1.00 per ton shall be
8-23 assessed for each increase of 5 percent by weight or
8-24 fraction thereof.
8-25 (5) When an official sample is subject to a penalty,
8-26 there shall be a minimum penalty of $5.00 and a maximum
8-27 penalty not to exceed the actual retail value.
8-28 (b) Penalty payments will be made to the consumer, when
8-29 known, through the office of the Commissioner. If the
8-30 consumer is unknown, the penalty will be sent to the
8-31 Commissioner to be deposited in the state treasury.
8-32 (c) Where the registrant or dealer has possession of
8-33 liming material which fails to meet the minimum
8-34 requirements set forth in this article, the registrant or
8-35 dealer may sell the defective liming material if he gives
8-36 a discount to the buyer in an amount equivalent to
8-37 whatever penalty he would accrue according to this
8-38 article. The actual analysis and the exact amount of this
8-39 discount must be shown on the face of the invoice or
8-40 delivery ticket.
S. B. 657
9- 1 2-12-54. (Index)
9- 2 (a) If it appears to the Commissioner or his agents that
9- 3 this article or the rules and regulations issued under
9- 4 this article have been violated, the Commissioner shall
9- 5 cause notice of the violation to be given to the
9- 6 registrant, jobber, or vendor concerned; and the persons
9- 7 notified shall be given an opportunity to be heard in
9- 8 accordance with Chapter 13 of Title 50, the 'Georgia
9- 9 Administrative Procedure Act.' If it appears after such
9-10 hearing that any of the provisions of this article or the
9-11 rules and regulations issued pursuant to this article have
9-12 been violated, the Commissioner may certify the facts to
9-13 the court having jurisdiction for prosecution as a
9-15 (b) Any person convicted of violating any provision of
9-16 this article or the rules and regulations issued under
9-17 this article shall be guilty of a misdemeanor.
9-18 (c) Nothing in this article shall be construed as
9-19 requiring the Commissioner to report a violation of this
9-20 article for prosecution or for the institution of seizure
9-21 proceedings when he believes that the public interest will
9-22 best be served by other methods.",
9-23 and inserting in lieu thereof a new Article 2 to read as
9-25 2-12-40. (Index)
9-26 This article shall be known and may be cited as the
9-27 'Georgia Liming Materials Act of 1996.'
9-28 2-12-41. (Index)
9-29 As used in this article, the term:
9-30 (1) 'Agricultural liming material' means a product whose
9-31 calcium and magnesium compounds are capable of
9-32 neutralizing soil acidity and which is sold or
9-33 distributed for that purpose. Agricultural liming
9-34 materials may either be in solid or liquid (suspension)
9-35 form. The following are types of agricultural liming
9-37 (A) 'Burnt lime' is a material made from limestone
9-38 which consists essentially of calcium oxide or a
9-39 combination of calcium oxide with magnesium oxide.
S. B. 657
10- 1 (B) 'Calcitic liming materials' are those materials
10- 2 composed wholly or primarily of calcium carbonate.
10- 3 (C) 'Dolomitic liming materials' are those materials
10- 4 composed of calcium and magnesium carbonates.
10- 5 (D) 'Hydrated lime' is a material, made from burnt
10- 6 lime, which consists of calcium hydroxide or a
10- 7 combination of calcium hydroxide with magnesium oxide
10- 8 or magnesium hydroxide or both.
10- 9 (E) 'Industrial by-product' is any industrial waste or
10-10 by-product containing calcium or calcium and magnesium
10-11 compounds which will neutralize soil acidity.
10-12 (F) 'Limestone' is a material consisting essentially
10-13 of calcium carbonate or a combination of calcium
10-14 carbonate with magnesium carbonate which is capable of
10-15 neutralizing soil acidity.
10-16 (G) 'Marl' is a granular or loosely consolidated
10-17 earthy material composed largely of seashell fragments
10-18 and calcium carbonate.
10-19 (2) 'Brand' means the term, designation, trademark,
10-20 product name, or other specific designation under which
10-21 individual agricultural liming materials are offered for
10-23 (3) 'Bulk' means in nonpackaged form.
10-24 (4) 'Calcium carbonate equivalent' or 'neutralizing
10-25 value' means the acid neutralizing capacity of an
10-26 agricultural liming material expressed as weight
10-27 percentage of calcium carbonate.
10-28 (5) 'Commissioner' means the Commissioner of Agriculture
10-29 of the State of Georgia.
10-30 (6) 'Distribute' means to offer for sale, sell,
10-31 exchange, barter, or otherwise supply or make available
10-32 agricultural liming material in this state.
10-33 (7) 'Distributor' means any person who distributes.
10-34 (8) 'Fineness' means the percentage by weight of the
10-35 liming material which will pass the United States
10-36 Standard Sieve Series of specified sizes. The
10-37 Commissioner shall establish by regulation the sieve
10-38 sizes and minimum percentages required to pass such
10-39 sieves for agricultural liming materials.
S. B. 657
11- 1 (9) 'Investigational allowance' means an allowance for
11- 2 variations inherent in the taking, preparation, and
11- 3 analysis of an official sample of agricultural liming
11- 4 material.
11- 5 (10) 'Label' means any written or printed matter on or
11- 6 attached to the package or on the delivery ticket which
11- 7 accompanies bulk shipments.
11- 8 (11) 'Labeling' means all written, printed, or graphic
11- 9 matter upon or accompanying any liming material or any
11-10 advertisements, brochures, posters, or television or
11-11 radio announcements used in promoting the sale of such
11-12 liming material.
11-13 (12) 'Licensee' means the person who is responsible for
11-14 guaranteeing agricultural liming materials and who
11-15 receives a lime license to distribute agricultural
11-16 liming materials under the provisions of this article.
11-17 (13) 'Lot' means that amount of agricultural liming
11-18 material on hand and actually covered by the official
11-19 sample at the time and place of sampling. In
11-20 determining deficiencies in and penalties on
11-21 agricultural liming materials under this article,
11-22 deficiencies and penalties shall be calculated on the
11-23 actual tonnage present at the time of sampling, provided
11-24 that, if at the time of sampling at least 20 percent of
11-25 the single delivery is present, the total amount in the
11-26 single shipment shall be subject to penalty.
11-27 (14) 'Official sample' means any sample of agricultural
11-28 liming material taken by the Commissioner or the
11-29 Commissioner's agent and designated 'official' by the
11-31 (15) 'Percent' or 'percentage' means by weight.
11-32 (16) 'Person' means an individual, partnership,
11-33 association, firm, or corporation.
11-34 (17) 'Ton' means a net weight of 2,000 pounds
11-36 2-12-42. (Index)
11-37 This article shall be administered by the Commissioner of
11-38 Agriculture of the State of Georgia.
S. B. 657
12- 1 2-12-43. (Index)
12- 2 (a)(1) Each person whose name appears on the label of an
12- 3 agricultural liming material or who is responsible for
12- 4 guaranteeing such liming material must obtain a lime
12- 5 license from the Commissioner before distributing such
12- 6 product in Georgia.
12- 7 (2) All licenses shall expire on June 30 of each year.
12- 8 The application for a license shall be submitted to the
12- 9 Commissioner on forms furnished by the Commissioner.
12-10 Upon approval by the Commissioner, a copy of the license
12-11 shall be furnished to the applicant. A new licensee
12-12 shall pay a license fee of $50.00. Thereafter, the
12-13 license fee shall be based on the annual tonnage of
12-14 liming materials sold in Georgia by the licensee in the
12-15 previous 12 month period ending June 30, in accordance
12-16 with the following:
12-17 (A) A $100.00 annual fee for licensees having sales
12-18 of 10,000 tons or more of liming materials in this
12-19 state; or
12-20 (B) A $50.00 annual fee for licensees having sales of
12-21 less than 10,000 tons of liming materials in this
12-23 A lime license must be renewed annually and fees shall
12-24 be received by July 1 of each calendar year, or the
12-25 applicable license fee shall increase in the manner
12-26 prescribed in the rules and regulations. Such license
12-27 may be revoked for cause, after due notice and hearing,
12-28 for a violation of this article or any rules or
12-29 regulations adopted by the Commissioner pursuant to this
12-31 (b)(1) No licensee shall distribute in this state an
12-32 agricultural liming material until such product is
12-33 registered with the Commissioner by the licensee whose
12-34 name appears on the label. An application for
12-35 registration for each brand and product name of liming
12-36 materials shall be made on forms furnished by or
12-37 otherwise acceptable to the Commissioner. Labels for
12-38 each brand and product name shall accompany the
12-39 application. The registration fee shall be $50.00 per
12-40 product. Such fee shall be submitted with the
12-41 registration, and a renewal fee of $50.00 shall be due
12-42 each July 1. If renewal registration fees are not
12-43 received by July 1 of each calendar year, the
S. B. 657
13- 1 registration fee shall increase in the manner prescribed
13- 2 in the rules and regulations. Upon approval by the
13- 3 Commissioner, a copy of the registration shall be
13- 4 furnished to the applicant. Such registrations shall be
13- 5 considered permanent so long as no changes or deviations
13- 6 are made in the labels of such products and so long as
13- 7 the registration fees are paid as specified in this
13- 8 article and the rules and regulations of the
13- 9 Commissioner. Such registrations may be cancelled for
13-10 cause, after due notice and hearing, for a violation of
13-11 this article or any rules and regulations adopted by the
13-12 Commissioner pursuant to this article.
13-13 (2) A distributor shall not be required to register any
13-14 brand of agricultural liming material which is already
13-15 registered under this article by another person,
13-16 provided the label does not differ in any respect.
13-17 2-12-44. (Index)
13-18 Each licensee shall submit semiannually to the
13-19 Commissioner, on forms furnished by or acceptable to the
13-20 Commissioner, a statement as to the total tons of liming
13-21 material sold by such licensee. This and such other
13-22 information as the Commissioner may require by regulations
13-23 shall be supplied for the reporting periods of July 1
13-24 through December 31 and January 1 through June 30.
13-25 Reports shall be received by the Commissioner no later
13-26 than 30 days after the close of the reporting period.
13-27 2-12-45. (Index)
13-28 (a) Agricultural liming materials sold, offered, or
13-29 exposed for sale in this state shall have affixed to each
13-30 container in a conspicuous manner on the outside thereof a
13-31 plainly printed or stamped label, tag, or statement, or in
13-32 the case of bulk sales, a delivery slip setting forth at
13-33 least the following information:
13-34 (1) The name and principal office address of the
13-35 licensee, manufacturer, or distributor;
13-36 (2) The brand or trade name of the material;
13-37 (3) The identification of the product as to the type of
13-38 the agricultural liming material;
13-39 (4) The net weight of the agricultural liming material;
13-40 (5) The guaranteed calcium carbonate equivalent
13-41 (neutralizing value). The minimum calcium carbonate
S. B. 657
14- 1 equivalent shall be prescribed for various agricultural
14- 2 liming materials by regulation;
14- 3 (6) The guaranteed content of elemental calcium (Ca);
14- 4 (7) In the case of dolomitic limestone, the guaranteed
14- 5 content of elemental magnesium (Mg). The minimum
14- 6 magnesium content for dolomitic liming materials shall
14- 7 be established by regulations;
14- 8 (8) The percent by weight passing through U. S. Standard
14- 9 sieves as prescribed by regulations; and
14-10 (9) The percent moisture. The maximum moisture content
14-11 will be prescribed by regulation.
14-12 (b) No information or statement shall appear on any
14-13 package, label, delivery slip, or advertising matter which
14-14 is misleading to the purchaser as to the quality,
14-15 analysis, type, or composition of any agricultural liming
14-16 material. No oral or written statement or claim which is
14-17 false or misleading as to the comparative value or
14-18 effectiveness of liming materials shall be made in any
14-19 labeling, promotion, or advertising medium.
14-20 2-12-46. (Index)
14-21 (a) It shall be the duty of the Commissioner, who may act
14-22 through his or her authorized agent, to sample, inspect,
14-23 make analyses of, and test agricultural liming materials
14-24 distributed within this state as the Commissioner may deem
14-25 necessary to determine whether such agricultural liming
14-26 materials are in compliance with the provisions of this
14-27 article. The Commissioner, individually or through his or
14-28 her agent, is authorized to enter upon any public or
14-29 private premises or carrier during regular business hours
14-30 in order to have access to agricultural liming material
14-31 subject to the provisions of this article and regulations
14-32 pertaining thereto, and to the records relating to their
14-34 (b) The methods of analysis and sampling shall be those
14-35 adopted by the Association of Official Analytical Chemists
14-36 (AOAC) or such other methods approved by the Commissioner.
14-37 (c) The results of official analyses of agricultural
14-38 liming materials and portions of official samples shall be
14-39 distributed by the Commissioner as provided for by
S. B. 657
15- 1 2-12-47. (Index)
15- 2 (a) No agricultural liming material shall be sold or
15- 3 offered for sale in this state unless it complies with the
15- 4 provisions of this article and rules and regulations
15- 5 adopted pursuant to this article.
15- 6 (b) No agricultural liming material shall be sold or
15- 7 offered for sale in this state which contains toxic
15- 8 materials in quantities determined by the Commissioner
15- 9 which may be injurious to plants or animals.
15-10 2-12-48. (Index)
15-11 If the analysis of an official sample shows that an
15-12 agricultural liming material is deficient in one or more
15-13 of its guarantees beyond the investigational allowances
15-14 set forth in the regulations of the Commissioner, the
15-15 following penalties shall be assessed in accordance with
15-16 the following provisions:
15-17 (1) In the event the neutralizing value (calcium
15-18 carbonate equivalent) is found deficient, the penalty
15-19 shall be 50� per percentage point or fraction thereof on
15-20 all liming materials;
15-21 (2) In the event the magnesium (Mg) is found to be
15-22 deficient, the penalty shall be $1.00 per percentage
15-23 point or fraction thereof on all liming materials;
15-24 (3) When an official sample does not meet screen
15-25 specifications as set forth in this article, the penalty
15-26 shall be 50� per percentage point or fraction thereof
15-27 for each sieve size failing to meet its guarantee;
15-28 (4) If the moisture content of an official sample
15-29 exceeds the guarantee, a penalty of $1.00 per ton shall
15-30 be assessed for each increase in moisture of 5 percent
15-31 or fraction thereof;
15-32 (5) When an official sample is subject to a penalty, the
15-33 tonnage represented by the official sample shall be
15-34 subject to a minimum penalty of $10.00 and a maximum
15-35 penalty not to exceed the actual retail value of the
15-36 liming material; and
15-37 (6) Penalty payments will be made to the consumer, when
15-38 known, through the office of the Commissioner. If the
15-39 consumer is unknown, the penalty payment will be made to
15-40 the Commissioner to be deposited in the state treasury.
S. B. 657
16- 1 2-12-49. (Index)
16- 2 The Commissioner, after reasonable notice and hearing, is
16- 3 authorized to promulgate and enforce rules and regulations
16- 4 for the administration of this article.
16- 5 2-12-50. (Index)
16- 6 (a) If it appears to the Commissioner or the
16- 7 Commissioner's agents that this article or the rules and
16- 8 regulations issued under this article have been violated,
16- 9 the Commissioner shall cause notice of the violation to be
16-10 given to the licensee, distributor, or person responsible;
16-11 and the persons notified shall be given an opportunity to
16-12 be heard in accordance with Chapter 13 of Title 50, the
16-13 'Georgia Administrative Procedure Act.' If it appears
16-14 after such hearing that any of the provisions of this
16-15 article or the rules and regulations issued pursuant to
16-16 this article have been violated, the Commissioner may
16-17 certify the facts to the court having jurisdiction for
16-18 prosecution as a misdemeanor or other appropriate action.
16-19 (b) Any person violating any provision of this article
16-20 shall be guilty of a misdemeanor.
16-21 (c) Nothing in this article shall be construed as
16-22 requiring the Commissioner to report a violation of this
16-23 article for prosecution or for the institution of seizure
16-24 proceedings when the Commissioner believes that the public
16-25 interest will best be served by other methods."
16-26 All laws and parts of laws in conflict with this Act are
S. B. 657
Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97