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2018 Georgia Code 26-2-205 | Car Wreck Lawyer

TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 6 MEAT, POULTRY, AND DAIRY PROCESSING PLANTS

26-2-205. Wholesomeness inspection of meat, poultry, and dairy products offered for sale; inspection of livestock slaughtered; marking system for inspection purposes; standards and specifications; exception.

The Commissioner is authorized to adopt and maintain an adequate system of wholesomeness inspection as to all meat, poultry, or dairy products offered for sale in this state. He shall be authorized to employ or designate qualified personnel necessary to maintain such inspection program. The Commissioner is authorized to require an ante mortem and post-mortem inspection of all livestock slaughtered by licensees under this article for sale as food in this state. He shall be authorized to adopt an appropriate marking system so as to identify those carcasses of animals inspected and passed as fit for human consumption. The Commissioner is authorized to adopt standards and specifications for meat, poultry, and dairy products and the processing thereof. Nothing contained in this Code section shall be applicable to any person slaughtering livestock or poultry or processing meat, poultry, or dairy products for home consumption.

(Ga. L. 1959, p. 168, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 3, 7, 12, 31, 37.

C.J.S.

- 36A C.J.S., Food, §§ 19, 21.

Cases Citing O.C.G.A. § 26-2-205

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Aaron v. Irvin, 259 Ga. 353 (Ga. 1989).

Published | Supreme Court of Georgia | Jul 13, 1989 | 381 S.E.2d 35

...Michael Davis, Assistant Attorney General, for appellee. *354Commissioner of Agriculture Thomas T. Irvin sought to enjoin the operation of the club’s meat-processing operation without a license as required by OCGA § 26-2-209. Appellant contends that under an exception to OCGA § 26-2-205 it is not required to have a license. OCGA § 26-2-205 exempts meat slaughtered for home consumption from the inspection requirements otherwise required by that section. Appellant’s insistence upon this exception is the basis for the appeal. However, as the court explained in its order permanently enjoining the operation, being excused from the meat inspection requirements of § 26-2-205 does not relieve one from the licensing requirements of § 26-2-209. We agree. The clear language of the OCGA § 26-2-209 requires that any meat processing plant be licensed by the Commissioner of Agriculture. OCGA § 26-2-205 excepts meat slaughtered and processed for home consumption from the requirement that all meat be inspected by the Commissioner....