SB 657 - Liming Materials Act of 1996 - provide

Georgia Senate - 1995/1996 Sessions

SB 657 - Liming Materials Act of 1996 - provide

Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12/ 13/ 14/ 15/ 16
Code Sections - 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/ 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
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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 Passed/Adopted 3/13/96 2/21/96* Postponed 2/27/96 Passed/Adopted 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 AN ACT 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: SECTION 1. 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 -1- (Index) SB657/AP 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 -2- (Index) SB657/AP 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 3-41 equivalent. S. B. 657 -3- (Index) SB657/AP 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 4-13 avoirdupois. 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 4-28 Commissioner. 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 -4- (Index) SB657/AP 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; 5-21 or 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 -5- (Index) SB657/AP 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 6-15 2-12-41; 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 -6- (Index) SB657/AP 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 7-24 state. 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 -7- (Index) SB657/AP 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 8-12 material. 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 -8- (Index) SB657/AP 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 9-14 misdemeanor. 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 9-24 follows: "ARTICLE 2 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 9-36 materials: 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 -9- (Index) SB657/AP 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 10-22 sale. 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 -10- (Index) SB657/AP 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 11-30 Commissioner. 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 11-35 avoirdupois. 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 -11- (Index) SB657/AP 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 12-22 state. 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 12-30 article. 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 -12- (Index) SB657/AP 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 -13- (Index) SB657/AP 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 14-33 distribution. 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 14-40 regulation. S. B. 657 -14- (Index) SB657/AP 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 -15- (Index) SB657/AP 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." SECTION 2. 16-26 All laws and parts of laws in conflict with this Act are 16-27 repealed. S. B. 657 -16- (Index)

Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97