Ga. Comp. R. & Regs. 40-4-9-.11

Current through Rules and Regulations filed through November 21, 2024

Rule 40-4-9-.11 - Unlawful Acts

Any of the following acts will constitute a violation of this Chapter.

(a) The sale or distribution of any Live Plants infected or infested with Plant Pests or in poor physical condition.

(b) The sale or distribution of any plant listed on the Federal Noxious Weed list or determined by the Commissioner to be a public nuisance.

(c) The sale or distribution of any Live Plants not accompanied by any Certificate required by this Chapter or by any Compliance Agreement.

(d) The use of any Certificate on Live Plants infected or infested with Plant Pests, or in poor physical condition.

(e) The use of any Certificate on any Live Plants which are not covered by a regular inspectional program of, or have not been inspected by the Department.

(f) The use of any Certificate on any Regulated Article in violation of any Compliance Agreement.

(g) The propagation, growing, and maintenance of any Live Plants intended for sale or distribution by any person who is not licensed as required by this Chapter.

(h) The making of any false statement or false promise for the purpose of making a sale of any Live Plants, including but not limited to misrepresentation of name, size, variety, number, availability, description, or condition.

(i) The failure of any Live Plant Grower or Live Plant Dealer to deliver or make available any Live Plants for which he has accepted payment.

(j) The failure of any Live Plant Grower or Live Plant Dealer to maintain records as required by this Chapter, or to make those records available to the Commissioner upon request during normal business hours.

(k) The obstruction of the Commissioner in the performance of his duties.

Ga. Comp. R. & Regs. R. 40-4-9-.11

Authority O.C.G.A. Secs. 2-7-1et seq., 2-11-2.

Original Rule entitled "Fees" adopted. F. and eff. June 30, 1965.

Repealed: New Rule of same title adopted. F. Mar. 19, 1977; eff. Apr. 18, 1977.

Repealed: F. Sept. 18, 1987; eff. Oct. 8, 1987.

Amended: New Rule entitled "Enforcement and Penalties" adopted. F. Aug. 23, 1996; eff. Sept. 12, 1996.

Repealed: New Rule entitled "Unlawful Acts" adopted.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Repealed: New Rule of same title adopted.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.