Title 2, Chapter 7, Section 97
(a) The Commissioner shall administer and enforce this article. He
shall have authority to issue regulations to carry out this article,
after a public hearing following due notice to all interested
persons, in conformance with Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act." Such regulations may prescribe
methods to be used in the application of pesticides. When the
Commissioner finds that such regulations are necessary to carry out
the purpose and intent of this article, such regulations may relate
to the time, place, manner, methods, materials, and amounts and
concentrations in connection with the application of pesticides;
they may restrict or prohibit the use of pesticides in designated
areas during specified periods of time and shall encompass all
reasonable factors which the Commissioner deems necessary to prevent
damage or injury by drift or misapplication to:
(1) Plants, including forage plants, or adjacent or nearby lands;
(2) Wildlife in the adjoining or nearby areas;
(3) Fish and other aquatic life in waters in reasonable proximity
to the area to be treated; and
(4) Humans, animals, or beneficial insects.
(b) In issuing such regulations, the Commissioner shall give
consideration to pertinent research findings and recommendations of
other agencies of this state or of the federal government. The
Commissioner may require, by regulation, that notice of a proposed
application of a pesticide be given to land owners in designated
areas if he finds that such notice is necessary to carry out the
purpose of this article.
(c) For the purpose of uniformity and in order to enter into
cooperative agreements, the Commissioner may adopt "restrictive use
pesticide" classifications as determined by the Environmental
Protection Agency. In addition to those "restricted use pesticides"
classified by the administrator of the Environmental Protection
Agency, the Commissioner also may determine, by regulation, after a
public hearing following due notice, "state restricted pesticide
uses" for the state or for designated areas within the state. If
the Commissioner determines that a pesticide use, when applied in
accordance with its directions for use, warnings, cautions, and for
uses for which it is registered, may cause, without additional
regulatory restrictions, unreasonable adverse effects on the
environment, including injury to the applicator or other persons
because of acute dermal or inhalation toxicity of the pesticide, the
pesticide use shall be applied only by or under the direct
supervision of a certified applicator or shall be subject to such
other restrictions as the Commissioner may determine.
(d) Regulations adopted under this article shall not permit any
pesticide use which is prohibited by FIFRA and any regulations or
orders issued thereunder.
(e) Regulations adopted under this article as to certified
applicators of "restricted use pesticides" as designated under FIFRA
shall not be inconsistent with the requirements of FIFRA and any
regulations promulgated thereunder.
(f) The Commissioner, after notice and opportunity for hearing, is
authorized to declare any form of plant or animal life, other than
man and other than bacteria, viruses, and other microorganisms on or
in living man or other living animals, which is injurious to health
or the environment to be a pest.
(g) In order to comply with Section 4 of FIFRA, the Commissioner is
authorized to make such reports to the Environmental Protection
Agency, in such form and containing such information, as the agency
may from time to time require.