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2018 Georgia Code 26-2-209 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-209 Case Law from Google Scholar Amendments to OCGA 26-2-209

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

26-2-209. Permanent license for meat processing plants; revocation or suspension; notice and hearing.

To assure the protection of the consuming public, no person shall operate a meat processing plant in this state without having first obtained a permanent license from the Commissioner; provided, however, that any meat processing plant operating under a federal grant of inspection from the United States Department of Agriculture, Food Safety Inspection Service, shall be exempt from such license requirement. There shall be no fee for such license. The license shall be kept on file in each place of business. The license shall not be transferable. The Georgia Department of Agriculture may refuse to grant inspection, and any such license may be revoked or suspended by the Commissioner for the violation of this article or rules and regulations or sanitary standards and specifications adopted pursuant to this article. The Commissioner shall notify the licensee of the reasons why he or she intends to revoke or suspend the license, and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given.

(Ga. L. 1956, p. 748, § 5; Ga. L. 2007, p. 620, § 2/HB 433.)

JUDICIAL DECISIONS

Wildlife club which processed meat and game for the club's members was a processing plant which was required to be licensed under O.C.G.A. § 26-2-209. Aaron v. Irvin, 259 Ga. 353, 381 S.E.2d 35 (1989).

OPINIONS OF THE ATTORNEY GENERAL

Operators of plants where livestock grown or prepared for human food must obtain license.

- License is necessary for the operation of a meat, poultry, or dairy processing plant in this state where livestock is grown or fed out, slaughtered, and sold for human consumption by the owner. 1957 Op. Att'y Gen. p. 1.

Manufacturers of milk products, including frozen desserts.

- Places manufacturing dairy products such as frozen desserts, which include ice cream, frozen custard, ice milk, milk sherbet, and similar products containing milk or milk by-products are subject to licensure. 1957 Op. Att'y Gen. p. 1.

State Park Authority operating ice cream parlor.

- State Park Authority, created as a body corporate and politic and deemed to be an instrumentality of the state and a public corporation, is not required to obtain a dairy processing plant license to operate an ice cream parlor. 1958-59 Op. Att'y Gen. p. 5.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 11, 32, 37 et seq.

C.J.S.

- 36A C.J.S., Food, § 17, 18.

ALR.

- Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.

Cases Citing O.C.G.A. § 26-2-209

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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

...Hudson, for appellant. Michael J. Bowers, Attorney General, J. 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’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. However, this exception does not apply to the requirement that all processing plants be licensed pursuant to OCGA § 26-2-209. Appellant argues that the requirement of licensing of the Racket Town Wildlife Club’s game dressing facility would mean that every hunter’s kitchen would be subject to the licensing requirement....
...reparation, or processing of any animal, fowl, or dairy product or any by-product thereof for human consumption.” The Racket Town Wildlife Club, on the other hand, is such an establishment. Further, the purpose of the licensing requirement of OCGA § 26-2-209 is “[t]o assure the protection of the consuming public....