Rule 40-4-9-.05 - Inspection and Maintenance of Live Plants(1) The Commissioner will inspect each Live Plant Dealer or Live Plant Grower location prior to issuance of a license, and at any other time at his discretion. All Live Plants at any location must be: (a) apparently free of plant pests,(b) in good physical condition,(c) adequately maintained,(d) sufficiently free of weeds and grasses to ensure that such weeds and grasses do not:1. serve as a source of plant pests,2. interfere with the general health of the Live Plants,3. interfere with a dependable inspection,(e) in conformance with requirements of any applicable Compliance Agreement, and(f) in full compliance with all other requirements of this Chapter.(2) The Commissioner may specify the conditions under which Live Plants or Plant Products are produced in order to certify that such Live Plants or Plant Products are free of plant pests and in good physical condition.(3) All Live Plants being grown, sold, or held for distribution, and located in Georgia must be properly maintained as defined in 40-4-9-.01(o) above. Discretion as to what is proper maintenance consistent with the requirements of this Chapter is left to the discretion of the area inspector.(4) Bare-root Live Plants may be maintained indoors if held under controlled-atmosphere storage conditions of no less than ninety percent relative humidity at a temperature between 32F and 38F, or they may be maintained outdoors if heeled into sawdust, packing material, or soil and protected at all times from extremes of heat or cold, and provided with adequate water.(5) The Commissioner or his agent may order any live plants to be quarantined and/or destroyed at cost to the owner if the plants are believed to be or if they exhibit signs or symptoms of infestation or infection with a plant pest.Ga. Comp. R. & Regs. R. 40-4-9-.05
O.C.G.A. 2-7-1 et. seq.
Original Rule entitled "Out of State Nurseries" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule of the same title adopted. Filed August 27, 1974; effective September 16, 1974.Amended: Rule repealed and a new Rule entitled "Certificates" adopted. Filed September 18, 1987; effective October 8, 1987.Repealed: New Rule entitled "Maintenance of Live Plants" adopted. F. Aug. 23, 1996; eff. Sept. 12, 1996.Repealed: New Rule of same title adopted. F. Sept. 13, 2006; eff. Oct. 3, 2006.Repealed: New Rule entitled "Inspection and Maintenance of Live Plants" adopted. F. Jan. 17, 2008; eff. Feb. 6, 2008.Amended: F. Sept. 23, 2010; eff. Oct. 13, 2010.Amended: F. Oct. 1, 2014; eff. Oct. 21, 2014.