Rule 40-31-1-.04 - Registration and Renewal Requirements Applicable to All Soil Amendments(1) Each prospective registrant of a soil amendment must submit a draft copy of the soil amendment's label to the Commissioner along with the registration request forms provided by the Department.(2) In addition to information required to be submitted to the Department upon the Department's soil amendment registration request forms, the Commissioner or the Commissioner's duly appointed agent may require a prospective registrant to submit either proof of specific claims made for a proposed soil amendment, or, if no specific claims are made, proof of the soil amendment's usefulness and value. (a) If the Commissioner or the Commissioner's duly appointed agent requires a prospective registrant to submit proof of specific claims or proof of usefulness and value, the applicant must furnish experimental data demonstrating the purported specific claims or usefulness and value of the prospective soil amendment. 1. The Commissioner may require that such experimental data have been developed from tests conducted under conditions identical to or closely related to those conditions present in this State. The Commissioner may reject experimental data not developed under such conditions.2. The Commissioner may rely on the advice of University of Georgia College of Agricultural and Environmental Sciences experiment station personnel or other university personnel in evaluating experimental data on a proposed soil amendment.(b) Failure of experimental data furnished by a prospective registrant to prove specific claims made about a prospective soil amendment, or in the absence of specific claims, the soil amendment's usefulness and value, will lead to the Commissioner's rejection of the soil amendment's registration unless the registrant provides supplemental information proving the specific claims made about a prospective soil amendment, or in the absence of specific claims, the soil amendment's usefulness and value.(c) If the Commissioner did not require a registrant to submit experimental data proving the specific claims made regarding a soil amendment, or in the absence of specific claims, the soil amendment's usefulness and value, upon the initial registration of a soil amendment, the Commissioner may require the submission of the experimental data specified by the Act upon the soil amendment's renewal. Failure of experimental data to prove specific claims made regarding a soil amendment, or in the absence of specific claims, the soil amendment's usefulness and value, will lead to non-renewal of the soil amendment's registration unless the registrant provides supplemental information proving the specific claims made about the soil amendment, or in the absence of specific claims, the soil amendment's usefulness and value.(3) Registration of a soil amendment with the Commissioner will not entitle a person registering, distributing, transporting, storing, or applying the soil amendment to violate any law, regulation, or ordinance, including zoning ordinances or zoning decisions appropriately adopted or enforced by a local government pursuant to O.C.G.A. § 2-1-6, as amended.Ga. Comp. R. & Regs. R. 40-31-1-.04
O.C.G.A. §§ 2-12-73, 2-12-80.
Original Rule entitled "Registration and Renewal" adopted. F. Nov. 12, 2019; eff. Dec. 2, 2019.Amended: New title, "Registration and Renewal Requirements Applicable to All Soil Amendments." F. Dec. 7, 2022; eff. Dec. 27, 2022.