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2018 Georgia Code 26-2-1 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-1 Case Law from Google Scholar Amendments to OCGA 26-2-1

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 2. Standards, Labeling, and Adulteration of Food, 26-2-1 through 26-2-441.

ARTICLE 1 GENERAL PROVISIONS

26-2-1. Definitions of and standards for lard, mixed edible fats, and cottonseed oils.

The standards for lard, mixed edible fats, and cottonseed oils are defined as follows:

  1. "Lard" means the fat of freshly slaughtered swine. It shall not be made from a diseased animal or any portion of an animal unfit for food or contain less than 99 percent of pure fat.
  2. "Mixed edible fat" means a mixture which contains not less than 99 percent of sweet mixed fat and may consist of a mixture of refined cottonseed oil or other edible vegetable oils with sweet beef fat or other edible animal fat and shall be sold under a registered or proprietary brand and properly labeled with a distinctive trademark or name bearing the name of the manufacturer.
  3. "Edible cottonseed oil" means refined cottonseed oil, free from disagreeable taste or odors. White cottonseed oil for edible purposes is cottonseed oil which has been refined in such a manner as to be nearly colorless, flavorless, and odorless. Winter cottonseed oils for edible purposes are those from which a portion of the stearine has been removed; they may be either white or yellow.

(Ga. L. 1906, p. 83, § 21; Civil Code 1910, § 2115; Code 1933, § 42-111; Ga. L. 1956, p. 195, § 23.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1910, §§ 2101, 2104, and 2117, are included in the annotations for this Code section.

Purpose of the law against adulteration or misbranding is to protect consumers from deception or injury, and it is to be conclusively presumed that the law was adopted to prevent injury to the public health by the sale and transportation in intrastate commerce of misbranded and adulterated foods. Baltimore Butterine Co. v. Talmadge, 32 F.2d 904 (S.D. Ga. 1929), aff'd, 37 F.2d 1014 (5th Cir. 1930) (decided under former Code 1910, § 2101).

Products made wholly from vegetable oils, water, salt, and harmless coloring matter are not prohibited from being sold. Baltimore Butterine Co. v. Talmadge, 32 F.2d 904 (S.D. Ga. 1929), aff'd, 37 F.2d 1014 (5th Cir. 1930).

Jurisdiction of federal court to enjoin wrongful confiscation of food products and prosecutions for violating former Code 1910, § 2117 (see now O.C.G.A. § 26-2-1), see Baltimore Butterine Co. v. Talmadge, 32 F.2d 904 (S.D. Ga. 1929), aff'd, 37 F.2d 1014 (5th Cir. 1930) (decided under former Code 1910, § 2117).

Cited in Baltimore Butterine Co. v. Talmadge, 32 F.2d 904 (S.D. Ga. 1929).

RESEARCH REFERENCES

12 Am. Jur. Pleading and Practice Forms, Food, § 2.

C.J.S.

- 36A C.J.S., Food, § 25.

ALR.

- Seller's duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.

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