Bill Text: GA SB390 | 2011-2012 | Regular Session | Introduced
Bill Title: Agriculture; provide immunity from civil liability for the agency designated to provide for seed certification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-01 - Effective Date [SB390 Detail]
Download: Georgia-2011-SB390-Introduced.html
12 SB
390/AP
Senate
Bill 390
By:
Senator Bulloch of the 11th
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating
to seeds and plants, so as to provide immunity from civil liability for the
agency designated to provide for seed certification; to revise provisions
relating to claims filed with the Seed Arbitration Council for damages relating
to seed or tree nonconformity or nonperformance; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and
plants, is amended by revising Code Section 2-11-52, relating to the
designation of an agency for certification of seeds and plants and to liability
for damages resulting from certification work, as follows:
"2-11-52.
In
order to execute the policy stated in Code Section 2-11-50, the dean of the
College of Agricultural and Environmental Sciences of the University of Georgia
is authorized to provide for seed, plant, and variety certification and
labeling. The dean shall designate
the Georgia
Crop Improvement Association, Inc., as
a
certifying agency, provided that
the Georgia
Crop Improvement Association, Inc.,
such
designee must be in good standing with the
Association of Official Seed Certifying Agencies. The College of Agricultural
and Environmental Sciences of the University of Georgia shall not be held
responsible for any claim, debt, obligation, or damage of any kind to any person
in conducting certification work or in the work of the certifying agent.
The certifying
agency so designated by the dean shall, along with its employees, be immune from
liability to the same extent as the state and state officers and employees under
Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims
Act.'"
SECTION
2.
Said
chapter is further amended in Code Section 2-11-73, relating to the filing of
complaints with the Seed Arbitration Council, by revising subsection (a) as
follows:
"(a)
When any farmer or seed purchaser alleges to have been damaged by the failure of
any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable
and flower seed in packets weighing less than one pound for use in home gardens
or household plantings, to conform to or perform as represented by the label
required to be attached to such seed under Code Section 2-11-22 or by warranty
or as a result of negligence, as a prerequisite to the purchaser's right to
maintain a legal action against the seller, the purchaser shall submit a
complaint against the seller alleging the damages sustained or to be sustained
and shall file such complaint with the Commissioner
within ten
days after the alleged defect or violation becomes apparent to allow inspection
of the alleged deficiencies if deemed
necessary
in time for
the seed, crop, or plants to be inspected to determine if the alleged
deficiencies warrant arbitration.
Whenever any farmer or commercial fruit or nut tree purchaser alleges to have
been damaged by the failure of any commercial fruit or nut tree to be the
variety represented by the label or invoice or by warranty or as the result of
negligence, as a prerequisite to the purchaser's right to maintain a legal
action against the seller, the purchaser shall submit a complaint against the
seller alleging the damages sustained or to be sustained and shall file such
complaint with the Commissioner
within ten
days after the alleged defect or violation becomes apparent to allow inspection
of the alleged deficiencies if deemed
necessary
in time for
the trees to be inspected to determine if the alleged deficiencies warrant
arbitration. Upon receipt, the
Commissioner shall send a copy of the complaint to the seller by registered or
certified mail or statutory overnight delivery."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
