O.C.G.A. § 26-1-1 (2019)

Annotations

Cross references. Liability from donation of food for use or distribution by nonprofit organizations, § 51-1-31.

Law reviews. For article, “Consolidation by Compact: A Remedy for Preemption of State Food and Drug Laws,” see 14 J. Pub. L. 276 (1965).

RESEARCH REFERENCES ALR. Validity, construction, and application of the sampling provisions of the Federal

Food, Drug, and Cosmetic Act, or other similar acts, 155 A.L.R. 910.

CHAPTER 2 STANDARDS, LABELING, AND ADULTERATION OF FOOD Sec.

Article 1 General Provisions Sec.

Lard, mixed edible fat, and edible cottonseed oil. Meat, fish, and poultry to be sold by net weight; exceptions; penalty. Obstruction of inspectors and others in performance of duties. Labeling, sale, or advertising of spring water. Article 2

Adulteration and Misbranding of Food

Short title. Definitions. Prohibited acts. Injunctions for violations of Code Section 26-2-22. Penalty for violation of Code Section 26-2-22; exceptions. Licensing of food sales establishments. When food deemed adulterated. Poisonous or deleterious substances in food; exception for required substances. Testing of specimens from food processing centers; consistency in standards; cost; retention of records from testing; exemption. When food deemed misbranded. Misleading advertisements; certain practices declared misleading. Factors to be taken into account in determining whether labels or advertisements are misleading. Beef produced without anti-

biotics or growth hormones; “Georgia lean” beef. [Reserved] Repacking of flour, grits, hominy, and cornmeal; exceptions. Honey and imitation honey labels. Enforcement of article by Commissioner; employment of personnel. Promulgation of regulations; notice and hearing for proposed amendments; variances or waivers. Confidential information. Food regulations. Right of access to food establishments and transport vehicles. Temporary permits. Detention or embargo of adulterated or misbranded food. Publication of reports and dissemination of information in the interest of public health and consumer protection. Written notice or warning sufficient for minor violations of article. Prosecution of violations; notice to defendant prior to institution of criminal proceeding. Article 3 Meat Inspection PART 1 GENERAL PROVISIONS

Short title. Legislative intent. Definitions. Federal and state cooperation.

FOOD, DRUGS, AND COSMETICS Sec.

Sec.

Concurrent enforcement jurisdiction.

PART 2 ENFORCEMENT OF ARTICLE

Promulgation of regulations. Powers of Commissioner; reports. Administrative penalties; judicial review. Authority to refuse or withdraw meat inspection service. Detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded; removal of official marks. Seizure and condemnation of carcasses, meat, and meat food products. Injunctions. Written notice or warning sufficient for minor violations. Penalties for fraud or distribution of adulterated articles; penalties for slaughter or distribution of diseased or cancerous animals.

PART 3

INSPECTION, HANDLING, AND LABELING STANDARDS

Duties of inspectors. Examinations and inspections of nontraditional livestock carcasses, meats, and meat food products. Inspections and examinations generally. Inspection of animals prior to slaughter or preparation; slaughtering and examination of diseased animals; refusal or suspension of inspections. Post-mortem inspection and marking of carcasses and parts; disposition of condemned carcasses and

parts; reinspection; removal of inspectors. Inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments; limitations on entry of carcasses, parts, meat, and meat products. Inspection of meat food products where prepared; inspection markings; disposition of condemned meat food products; removal of inspectors. Inspection of meat and meat food products in retail and other food service establishments; disposition of condemned meat; sale or display of noninspected meat or meat food products. Labeling of meat, meat food products, and carcasses; standards and definitions; use of false or misleading labels or containers. Sanitary inspections of slaughter and packing establishments; sanitation regulations; labeling adulterated meat and meat food products. Timing of examination and inspection of slaughtered animals and food products. Slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally. Approved methods for handling and slaughtering of animals; designation by Commissioner of methods of handling and slaughtering. Labeling and preparation of carcasses, meat, and meat food products of equines. Inspection exceptions; labeling and handling of custom slaughtered and prepared meat or meat food products. Storage and handling regu-

Sec.

lations for carcasses, meat, and meat food products. Fraudulent practices. Use of “Georgia” in trademark, trade name, service mark, or advertisement. Applicability of part to federally inspected slaughtering and packing establishments.

Sec.

Animals Suspected of Bearing Any Residue Causing Contaminated Meat

Buying, selling, transporting, or receiving of dead, dying, disabled, or diseased animals. Registration of dealers in dead, dying, diseased, or disabled animals. Maintenance and inspection of records. Identification of carcasses, meat, or meat food products not intended for human use.

Article 4

Advertisement and Sale of Meat Generally

Legislative intent. Promulgation of rules and regulations regarding deceptive advertising of meat. Advertisement or sale of beef, pork, and lamb; “bait and switch” advertising. Sale of partial or whole carcasses. Penalty for violation of Code Sections 26-2-150 through Food service establishment display of information if serving imported beef. Slaughter of horses for human consumption or other purposes. Signage and label required for sale of horse meat. Disclosure required for sale of horse meat. Promulgation of regulations.

Sale of dog meat restricted; packaging and label requirements. Penalty for violations of Code Section 26-2-157, 26-2158, 26-2-159, or 26-2-160. Article 5

PART 4 MEAT PROCESSORS AND RELATED INDUSTRIES

Definitions. Promulgation of rules and regulations. Inspection and quarantine of animals, poultry, or products suspected of contamination. Duration of quarantine or detention of animals, poultry, or products suspected of contamination. Orders for destruction of animals, poultry, or products suspected of contamination; compliance with federal tolerances. Injunctions. Penalty. Article 6

Meat, Poultry, and Dairy Processing Plants

Definitions. Supervision and control of sanitary conditions in dairies and meat, poultry, and dairy processing plants; designation of inspectors. Promulgation of rules and regulations. Power of inspection. Inspection of dairies and meat, poultry, or dairy processing plants; right to take and test samples. Wholesomeness inspection of meat, poultry, and dairy products offered for sale; inspection of livestock slaughtered; marking system for inspection purposes. Wholesomeness inspection

Sec.

of meat, poultry, or dairy processing plants on cost basis or less. Sanitary condition of dairy equipment and premises; adequate supply and drainage of water. Sale, offer for sale, or possession of dairy, animal, or poultry products under conditions other than sanitary. Permanent license for meat processing plants. Permanent license for poultry processing plants. Statistics on animals and poultry slaughtered; maintenance of records. County and municipal ordinances dealing with meats, poultry, and dairy products. Injunctions. Applicability to individuals and entities governed by federal acts. Inspection of federally inspected meat, poultry, or dairy products; exception for horse slaughter operations. Penalty.

Sec.

Eggs

Milk and Milk Products

Short title. Definitions. Duties of Commissioner generally. Promulgation and amendment of rules and regulations by Commissioner. Licensure procedure. Cream tester license. [Reserved] License requirements - Operators of milk and cream buying stations. [Reserved] License requirements - Milk and cream brokers. Standards and requirements generally. Standards and requirements for frozen desserts generally.

Adulterated ice cream. Testing of milk, cream, or other dairy products. Standards and requirements for sale of milk and milk products. Intermingling of Grade A milk or milk products with other grades. Standards and conditions for importation of milk and milk products. Condemnation and coloring of milk and milk products produced, processed, or delivered in violation of laws of state. Furnishing of records by persons operating under article. Enforcement of article generally. Injunctions. Unlawful acts. Penalty. Article 8

Article 7

Definitions. Classification of eggs. Registration of entities dealing in eggs. Egg wholesaler and handler licenses. Sales by entities dealing in eggs; exemption of producers from taxation and licensing. Dealer’s invoices of sales to be furnished to Department of Agriculture on request; exception for sales to consumers. Inspectors and assistants; confiscation and destruction of eggs found unfit for human consumption. Promulgation of rules, regulations, grades, and standards; powers of inspectors. Information labels affixed to cases of eggs. Placard to be displayed; contents.

Sec.

Reciprocal marketing agreement to vary labeling requirements. “Withhold From Sale Orders”; cost of inspection and release. Egg candler and grader licenses. Refrigeration and other handling requirements. Penalty; duty of prosecuting attorneys to prosecute violations.

Sec.

Kosher Foods 26-2-330 through 26-2-335. [Reserved]. Article 12 Soft Drinks

Grains and Bread

Definitions. Vitamins and ingredients in flour; specification changes; milling process. Vitamins and ingredients in bread; specification changes. Vitamins and ingredients in degerminated corn meal and degerminated hominy grits; specification changes; milling process. Exemptions. Labeling requirements. Duties of Commissioner of Agriculture. Penalty.

Article 10 Fish and Other Seafoods

Equipment for traveling fish dealers. Inspection of fish and seafoods. [Reserved] Allocation of license fees. Penalty. Article 11

Article 9

Definitions. Administration by Commissioner of Agriculture. Wholesale fish dealers’ licenses. Applications for wholesale fish dealers’ licenses. License revocation. Promulgation of rules and regulations regarding sanitation, distribution, and transportation of fish and seafoods. Suitable equipment and sanitation for wholesale fish dealers.

Definitions. License for manufacture and bottling; separate license for each business or bottling or manufacturing plant. Sanitary standards and specifications for the manufacture, bottling, and distribution of soft drinks or soft drink syrup. Promulgation of rules and regulations; administrative personnel. Suspension or revocation of license; hearing. Sanitary inspection of building, area, structure, plant, or vehicle used in the manufacture, bottling, or distribution of soft drinks or soft drink syrup. Applicability of article to dairy or milk processing or distributing plants otherwise licensed. Penalty. Article 13

Food Service Establishments

Definitions. Food service establishment and mobile food service establishment permits. Permits - Issuance; suspension, revocation, or denial; notice and hearing. Promulgation of rules, regu-

Sec.

Article 16 lations, and standards by Department of Public Health and county boards of health; exemption for nonprofit schools and institutions producing own milk. Use of hair nets or hats by food preparers; penalty. Contents and posting of notices relating to assistance to persons choking; relief from civil liability of persons rendering emergency aid. Enforcement of article; inspection of food service and food sales establishments. Review of final order or determination by Department of Public Health; appeal to superior court. Penalty. Disclosure of meat products that contain extenders; exception. Mobile food service establishment permits; inspections; fees.

Common-sense Consumption Sec.

Cooperation in Implementation of Federal Food Safety Modernization

Raw Dairy

Nonprofit Food Sales and Food Service

Article 15

Sale of Meat, Poultry, or Seafood from Mobile Vehicles

Definitions. Licensing and inspection of mobile vehicles. Rules and regulations. Penalty.

Definitions. Designation of cooperating agency. Article 18

Definitions. Permits for nonprofit food sales and food service at events; duration of permit; issuance of subsequent permits. Food safety standards for food sales and food service at events by nonprofit organizations. Enforcement of article.

Short title. Definitions. Exemption from liability of food distributors for longterm consumption of food. Exception to nonliability of food distributors. Requirements of complaint. Discovery. Applicability. Article 17

Article 14

Definitions. Raw milk for human consumption. Enforcement by Commissioner. Rules and regulations. Permit required. Examination of raw milk by department; adulterated milk. Bottling, packaging, and sealing raw milk; labeling. Sampling and collection; testing and analysis. Chemical, bacteriological, and temperature standards. Sanitation requirements. Health status of animals; testing and records. Reporting of safety concerns; product recall or notifications to consumers. Revocation or cancellation of permit or license. Furnishing of data and statistics and maintenance of records by operators. Enjoining continuing violations.

Sec.

STDS., LBLG., ADULTERATION OF FOOD Sec.

Unlawful activities.

Administrative rules and regulations. Retail Food Sales, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Agriculture, Food Division Regulations, Rule 40-7-1-.01 et seq. Salvageable Foods and Single Serve

Penalty.

Utensil Items, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Agriculture, Food Division Regulations, Additional Regulations Applicable to Salvageable Foods and Single Service Items, Rule 40-7-2-.01.

RESEARCH REFERENCES Am. Jur. Proof of Facts. Foreign Substance in Food or Beverage, 30 POF2d 1. Food Poisoning, 31 POF2d 31. ALR. Products liability: sufficiency of evi-

dence to support product misuse defense in actions concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7.

ARTICLE 1 GENERAL PROVISIONS