Georgia § 2-12-20 - Notice of violations; administrative hearing; penalty for violation; prosecution.

§ 2-12-20. Notice of violations; administrative hearing; penalty for violation; prosecution.

If it shall appear from the examination of any fertilizer that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner shall cause notice of the violations to be given to the licensee, distributor, or processor from whom such sample was taken. Any person so notified shall be given opportunity to be heard in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." If it appears after such hearing, either in the presence or absence of the person so notified, that any of the provisions of this article or the rules and regulations issued pursuant to this article have been violated, the Commissioner may certify the facts to the proper prosecuting attorney. Except as otherwise provided in this Code section, any person violating any provision of this article or regulation adopted pursuant to this article shall be guilty of a misdemeanor. Nothing in this article shall be construed as requiring the Commissioner to report cases for prosecution or for the institution of seizure proceedings as a result of minor violations of this article when he or she believes that the public interest will be best served by a suitable notice of warning in writing or other methods. It shall be the duty of each prosecuting attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Any person who distributes fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor for the first offense. For the second or any subsequent offense, any person who distributes fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished as provided in Code Section 17-10-4. Each such violation shall constitute a separate offense. Any person who distributes a fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $25,000.00 per violation. For the second or any subsequent offense, any person who distributes a fertilizer in this state which contains domestic septage as such term is defined in 40 CFR 503.9 shall be liable for a civil penalty of not more than $50,000.00 per violation. (Code 1981, § 2-12-20 , enacted by Ga. L. 1997, p. 1271, § 1; Ga. L. 2020, p. 364, § 3/HB 1057.) The 2020 amendment, effective January 1, 2021, rewrote subsection (b), which read: "Any person violating any of the provisions of this article shall be guilty of a misdemeanor."; and added subsections (e) and (f).