08 LC
25 5187
Senate
Bill 501
By:
Senator Wiles of the 37th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating
to seeds and plants, so as to revise certain provisions relating to
certification of seeds and plants; to provide for certification of drought
tolerant plant species or varieties for landscaping and ornamental uses; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and
plants, is amended by revising Article 3, relating to certification of seeds and
plants, as follows:
"ARTICLE
3
2-11-50.
The
General Assembly declares that for the purpose of fostering improved
agricultural,
landscaping, and ornamental planting
methods, promoting advances in agricultural fields, and giving legal status to
an existing practice and for the general welfare of the people it is necessary
to establish as a policy of this state
a
method
methods
for protecting the public in the guarantee of the high quality of seeds and
plants for various agricultural pursuits
and for
promoting drought tolerant plant species and varieties for landscaping and
ornamental uses. It is the intent of the
General Assembly to carry out that policy by this article, protecting the public
from false claims and unwarranted statements as to genetic identity, varietal
purity, and germinating viability of seeds and plants presented and claimed to
be foundation, registered, or
certified; and
informing the public regarding plant species and varieties for landscaping or
ornamental use that, with application of best management practices, may be
better adapted to drought conditions in this
state.
2-11-51.
For
the purposes of this article, the term:
(1)
'Certified seed' means the progeny of foundation, registered, or in special
cases certified seed which meets the standards of the official seed certifying
agency.
(2)
'Foundation seed' means the progeny of breeder´s seed or in special cases
the progeny of foundation seed which meets the standards of the official seed
certifying agency.
(3)
'Plant' means seedlings, nursery stock, roots, tubers, bulbs, cuttings, and
other parts used in the propagation of field crops, vegetables, fruits, flowers,
trees, or other plants.
(4)
'Registered seed' means the progeny of foundation seed and meets the standards
of the official seed certifying agency.
(5)
'Seed' means the true seeds of all field crops, vegetables, flowers, trees, or
other plants.
(6)
'Variety' carries its original meaning and includes 'strains' of varieties which
are sufficiently different from the parent variety to justify special
designation.
2-11-52.
In
order to execute the policy stated in Code Section
2-11-50,
the:
(1)
The dean of the College of Agricultural
and Environmental Sciences of the University of Georgia is authorized to provide
for seed, plant, and variety certification and labeling. The dean shall
designate the Georgia Crop Improvement Association, Inc., as certifying agency,
provided that the Georgia Crop Improvement Association, Inc., must be in good
standing with the Association of Official Seed Certifying Agencies. The College
of Agricultural and Environmental Sciences of the University of Georgia shall
not be held responsible for any claim, debt, obligation, or damage of any kind
to any person in conducting certification work or in the work of the certifying
agent;
and
(2)
The Commissioner is authorized to provide for certification of plant species and
varieties for landscaping or ornamental use that, with application of best
management practices, may be better adapted to drought conditions in this state.
The Commissioner shall provide for publication of information regarding any such
certified drought tolerant plant species and varieties for landscaping or
ornamental use and may authorize labeling of packages of seeds or plants as
drought tolerant species or varieties for sale to the consumer for landscaping
or ornamental use. The department shall consult with the State Forestry
Commission for purposes of certifying drought tolerant tree species and
varieties for landscaping or ornamental use and may consult or contract with
other state or federal government agencies or private entities for purposes of
identifying other drought tolerant plant species and varieties for landscaping
or ornamental use.
2-11-53.
It
shall be a misdemeanor for any person, firm, association, or corporation selling
seeds or plants in this state to
use:
(1)
Use any evidence of certification,
including specially designed tags or any tags similar thereto or the word
'certified,' on any package of seeds or plants, unless such seeds or plants have
been duly inspected and certified as provided for in this article or have been
inspected and certified by a legally constituted agency of another state or
foreign
country;
or
(2)
Use any evidence of certification as a drought tolerant plant species or variety
for landscaping or ornamental use, including specially designed tags or any tags
similar thereto or the words 'certified drought tolerant species' or 'certified
drought tolerant variety' on any package of seeds or plants sold for landscaping
or ornamental use, unless such species or variety of seeds or plants has been
certified as drought tolerant for landscaping or ornamental use as provided for
in this article.
The
duty of enforcing this Code section shall be vested in the
Commissioner."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.