There Is a Newer Version
of
the Georgia Code
2006 Georgia Code - 2-7-170
2-7-170. (a) No person, firm, or corporation engaged in
an agricultural, silvicultural, farming, horticultural, or similar
operation, place, establishment, or facility, or any of its
appurtenances, who has applied or used or arranged for the
application or use of any fertilizer, plant growth regulator, or
pesticide as defined in the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. 135, et seq., as amended by the Federal
Environmental Pesticide Control Act of 1972, 7 U.S.C. 136, et seq.,
and Article 2 of this chapter, known as the 'Georgia Pesticide
Control Act of 1976,' and Article 3 of this chapter, known as the
'Georgia Pesticide Use and Application Act of 1976,' shall be
responsible or liable under this title, without proof of negligence
or lack of due care, for any damages, response costs, or injunctive
relief relating to any direct or indirect discharge or release
into, or actual or threatened pollution of, the land, waters, air,
or other resources of the state that is or may be associated with
or resulting from such application or use, provided that:
(1) Such application or use was in a
manner consistent with the labeling of such fertilizer, plant
growth regulator, or pesticide and in accordance with acceptable
agricultural management practices and all applicable state and
federal laws and regulations at the time of such application or
use; (2) The state or federal
government, or any of its agencies, had approved, recommended, or
permitted the application or use and there is no finding that any
conditions of such approval, recommendation, or permit were
violated or that warnings or limitations regarding the application
or use were ignored; and (3)
Such fertilizer, plant growth regulator, or pesticide was licensed
by or registered with the state or federal government at the time
of such application or use and such person, firm, or corporation
knew of no special geological, hydrological, or soil type condition
existing on the land which rendered such application or use likely
to cause pollution. No person, firm, or corporation shall be liable
based solely on ownership of the land where such application or use
took place. (b) Nothing in
this article shall affect or limit any right of action of an
individual against any person, firm, or corporation engaged in an
agricultural or farming operation for injury to person or property
resulting from such chemical application or use.
(c) All orders issued by the
Department of Agriculture and the Department of Natural Resources
prior to July 1, 1988, pursuant to this title and Title 12, and the
liability upon which such orders are premised, if any, shall remain
in effect unless the orders are otherwise revoked, amended, or
modified by the Commissioner of Agriculture or the commissioner of
natural resources. (d)
Nothing in this article shall be construed to prohibit any cause of
action based on strict tort liability against any manufacturer of
such fertilizer, plant growth regulator, or pesticide.
Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
