Ga. Comp. R. & Regs. R. 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.
Notes
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