Ga. Code § 2-2-13

Current through 2023-2024 Legislative Session Chapter 709
Section 2-2-13 - [Effective 10/1/2024] Enforcement of laws and rules within jurisdiction of Commissioner; employment of investigators
(a) The Commissioner shall be vested with police powers to enforce those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 16, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department.
(b) The Commissioner shall be authorized to employ, designate, and deputize investigators and to delegate to such employees of the department the necessary authority to enforce those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 16, 26, and 43 and the rules and regulations adopted pursuant thereto and to prevent, detect, and respond to acts of bioterrorism, other terroristic acts or threats, or natural disasters affecting or potentially affecting plants, animals, products, or facilities that are subject to regulation by the department. Employees who have been so designated by the Commissioner and who have been certified by the Georgia Peace Officer Standards and Training Council as having successfully completed the course of training required by Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' shall be authorized:
(1) To carry firearms authorized or issued by the Commissioner while in the performance of their duties;
(2) To inspect plants, animals, products, or facilities when the same are subject to regulation by the department;
(3) To stop and inspect any vehicle transporting plants, animals, or products when the same are subject to regulation by the department;
(4) To inspect and require the production of health certificates, waybills, permits, or other documents required by federal or state laws, rules, regulations, or orders for the transportation of plants, animals, or products when the same are subject to regulation by the department;
(5) To protect any life or property when the circumstances demand action; and
(6) To arrest any person found to be in violation of a criminal law when enforcement of such law is authorized under this subsection
(d) This Code section shall not repeal, supersede, alter, or affect the power of any other law enforcement officer of this state or of any county, municipality, or other political subdivision of this state. At the request of the Commissioner of Agriculture, it shall be the duty of all state, county, municipal, and other law enforcement officers in this state to enforce and to assist the Commissioner and the employees and agents of the department in the enforcement of those laws governing matters within the jurisdiction of the Commissioner or the department as provided by this title and Titles 4, 10, 16, 26, and 43.

OCGA § 2-2-13

Amended by 2024 Ga. Laws 499,§ 1, eff. 7/1/2024.
Amended by 2024 Ga. Laws 498,§ 1, eff. 10/1/2024.
Renumbered by 2008 Ga. Laws 563,§ 1, eff. 7/1/2008.
This section is set out more than once due to postponed, multiple, or conflicting amendments.