(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.
