Georgia Seed Law

Text of the Georgia Seed Law: Title 2, Chapter 11: Seeds and Plants

Text of the Georgia Rules and Regulations on Seed: Chapter 40-12

Summary

The Georgia Seed Law requires certain labeling for any seeds sold, offered for sale, exposed for sale, or transported within this state for planting purposes. The labeling requirements include, among other things, germination test results, lot numbers, and addresses of the labelers. Because seed libraries do not do any of the activities underlined above, this seed law should not apply. Additionally, there is an exemption for farmers who sell seed on their farm and do not advertise or transport such seeds on a public carrier.

The Georgia Rules and Regulations regarding seed define a "seed dealer" as someone who "sells seed, including persons who label seed, transfer and market seed within the trade or sell seed to purchasers." Seed libraries and other community-based seed sharing initatives can exclude themselves from this definition by not engaging in any of the activities described in this definition.

 

2-11-22. Labeling requirements.

2-11-32. Exemption from article.

No person or vendor shall be subject to the penalties of this article for having sold or offered or exposed for sale in this state any seed incorrectly labeled or represented as to variety or origin when the variety or origin of such seed could not be identified by examination thereof, unless he or she failed to obtain an invoice, grower’s declaration, or other document indicating variety and origin and failed to take such other precautions as were necessary or required to ensure that the identity and variety of the seed were as stated.

2-11-33. Applicability of Code Sections 2-11-21 and 2-11-22.

Code Sections 2-11-21 and 2-11-22 shall not apply:

(1) To seed sold by a farmer or grower to a seed dealer or conditioner or in storage in or consigned to a seed cleaning or conditioning establishment for cleaning or processing, provided that any labeling or other representation which may be made with respect to uncleaned seed shall be subject to this article;

(2) To seed grown by a farmer or other person, who sells it as such, when it is sold at his or her own farm and he or she does not advertise or transfer it by any public carrier provided such activity is not in conflict with paragraph (7) of subsection (a) of Code Section 2-11-23 or requirements of the United States Plant Variety Protection Act;

(3) To seed or grain not intended for planting purposes, provided that such seed or grain sold to a farmer or consumer which could be used for planting purposes shall be marked or tagged ’for feed’ or ’not for planting’; and

(4) To any carrier, in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier, if such carrier is not engaged in producing, processing, or marketing agricultural or vegetable seed which is subject to this article.

Georgia Rules and Regulations

Rule 40-12-1-.01 Definitions

(b) ’Seed Dealer’ means any person who sells seed, including persons who label seed, transfer and market seed within the trade or sell seed to purchasers, except for farmers or other persons that sell seed they produced and sell it as such at their own farm and they do not advertise or transfer it by any public carrier.