Rule 40-4-9-.07 - Sale and Distribution of Live Plants(1) The sale or distribution of any plant listed on the Federal Noxious Weed list or determined by the Commissioner to be a public nuisance is prohibited.(2) All Live Plant Growers and Live Plant Dealers must purchase Live Plants only from those persons or businesses who are duly licensed by the Department according to this Chapter, or who are duly licensed by the regulatory agency of the state in which that person or business is located, or whose plants have been inspected by the appropriate regulatory agency of the state of origin.(3) Any sale or distribution of Live Plants other than direct retail sales to walk-in consumers must be accompanied by: (a) a Live Plant Shipping Certificate, conspicuously attached to the Live Plants or to the invoice or bill of lading.(b) an invoice or bill of lading showing the licensed name and address of the Live Plant Grower or Live Plant Dealer, the date of sale, and the number, size, and variety of all Live Plants.(c) a written statement of any guarantees or conditions made by the seller or distributor as part of the transaction.(4) No live Plant Grower or Live Plant Dealer may substitute any Live Plant variety or size in lieu of that contracted for by the purchaser, except by agreement of the purchaser. Plant size shall be described as: (a) The plant height shall be the distance measured in feet and/or inches from the soil line to the uppermost part of the plant.(b) The total spread shall be the distance measured in feet or inches across the greatest diameter of the plant.(5) At the request of the purchaser, refund of payment must be made by any Live Plant Grower or Live Plant Dealer on all orders of Live Plants which have not been delivered within 90 days of acceptance of payment, and which are not covered by a contract on a future order.Ga. Comp. R. & Regs. R. 40-4-9-.07
Authority O.C.G.A. Secs. 2-7-1et seq., 2-7-14.
Original Rule entitled "Inspection of Plants or Parts Thereof not Classified as Nursery Stock" adopted. F. and eff. June 30, 1965.Repealed: New Rule entitled "Records Required" adopted. F. Sept. 18, 1987; eff. Oct. 8, 1987.Repealed: New Rule entitled "Sale and Distribution of Live Plants" adopted. F. Aug. 23, 1996; eff. Sept. 12, 1996.Amended: F. Sept. 25, 2003; eff. Oct. 15, 2003.Repealed: New Rule of same title adopted. F. Sept. 13, 2006; eff. Oct. 3, 2006.Repealed: New Rule of same title adopted. F. Jan. 17, 2008; eff. Feb. 6, 2008.Amended: F. Sept. 23, 2010; eff. Oct. 13, 2010.