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O.C.G.A. § 26-2-208 — Sale, offer for sale, or possession of dairy, animal, or poultry products, under other than sanitary conditions; when conditions other than sanitary deemed to exist | Georgia Code
O.C.G.A. § 26-2-208 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

26-2-208. Sale, offer for sale, or possession of dairy, animal, or poultry products, under other than sanitary conditions; when conditions other than sanitary deemed to exist.

  1. No person, firm, or corporation shall sell, offer for sale, or have in his possession for sale any dairy, animal, or poultry product or any by-product thereof that has been produced, manufactured, transported, handled, stored, or processed under other than sanitary conditions.
  2. Conditions other than sanitary shall be deemed to exist where any or all of the following conditions exist:
    1. Premises, buildings, handling or storage space, or equipment, in a state of decay;
    2. Floors and side walls or other parts of any space of building covered or coated with decaying matter;
    3. Sufficient insect screens not provided or maintained;
    4. Insufficient drainage;
    5. Inadequate supply of pure water;
    6. Inadequate supply of hot water;
    7. Any animal or fowl held on the premises in unsanitary lots, pens, or cages or fed uncooked animal offal; or
    8. Where putrid odors exist.
  3. The enumeration of these conditions shall not be exclusive and the Commissioner shall determine whether unsanitary conditions exist.

(Ga. L. 1914, p. 148, § 2; Code 1933, § 42-402; Ga. L. 1956, p. 748, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 6, 31 et seq., 49.

C.J.S.

- 36A C.J.S., Food, §§ 4, 21 29 et seq.

ALR.

- Validity, construction, and application of statutes or ordinances relating to inspection of food sold at retail, 127 A.L.R. 322.

Recovery for loss of business resulting from resale of unwholesome food or beverages furnished by another, 17 A.L.R.2d 1379.

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