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2018 Georgia Code 26-2-232 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-232 Case Law from Google Scholar Amendments to OCGA 26-2-232

TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 7 MILK AND MILK PRODUCTS

26-2-232. Duties of Commissioner generally.

  1. The Commissioner is charged with the responsibility of enforcing this article.
  2. It shall be the duty of the Commissioner or his authorized representative:
    1. To inspect or cause to be inspected, as often as may be deemed practicable, all creameries, public dairies, condenseries, butter factories, cheese factories, ice cream factories, or any other places where dairy products are produced, manufactured, kept, handled, stored, or sold;
    2. To prohibit the production, sale, or distribution of unclean or unwholesome milk, cream, butter, cheese, ice cream, or other dairy products;
    3. To condemn for food purposes all unclean or unwholesome dairy products, wherever found;
    4. To take samples anywhere of any dairy product or imitation thereof and cause the same to be analyzed or satisfactorily tested;
    5. To weigh and test milk, cream, and other dairy products for the purpose of ascertaining the percentage and weight of butterfat or other ingredients contained therein; provided, however, that it shall not be necessary for the Commissioner to perform the tests if they are being performed by an agency of the federal government;
    6. To inspect and make tests of any instrument or equipment used in the testing or measuring of milk, cream, or other dairy products; and
    7. To compile and publish in print or electronically annually, or at such shorter intervals as he may desire, statistics and information concerning all phases of the dairy industry in this state.

(Ga. L. 1929, p. 280, §§ 1, 19; Code 1933, §§ 42-503, 42-501; Ga. L. 1935, p. 167, § 2; Ga. L. 1961, p. 501, § 9; Ga. L. 1980, p. 981, § 3; Ga. L. 2010, p. 838, § 10/SB 388.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, annotations decided under former Code 1933, § 42-511 and Ga. L. 1961, p. 501, are included in the annotations for this Code section.

Constitutionality of milk regulations.

- Production, distribution and sale of milk to the general public is a business that vitally affects the public, and therefore subject to legislative control and regulation. Bohannon v. Duncan, 185 Ga. 840, 196 S.E. 897 (1938) (decided under former Code 1933, Ch. 42-5).

Purpose of section to protect health and prevent fraud.

- Purpose of former Code 1933, §§ 42-511 and Ga. L. 1961, p. 501 (see now O.C.G.A. §§ 26-2-230,26-2-231,26-2-233), was to fix standards of sanitation in the production, handling, distribution, and marketing of milk and milk products, to protect the health of the consumers of milk and milk products, and to prevent fraud and deception in the marketing of such products by assuring that labels affixed to or printed on containers reveal the exact nature of the product. Department of Agric. v. Quality Food Prods., Inc., 224 Ga. 585, 163 S.E.2d 704 (1968) (decided under former Code 1933, § 42-511).

Limitations on commissioner's authority under section.

- Nothing contained in former Code 1933, § 42-511 and Ga. L. 1961, p. 501 (see now O.C.G.A. §§ 26-2-232 and26-2-233) authorized the commissioner to do more by rule and regulation than define and set standards for all milk and milk products, and to approve labels to be affixed to or printed upon the containers in which such products are offered for sale. Department of Agric. v. Quality Food Prods., Inc., 224 Ga. 585, 163 S.E.2d 704 (1968) (decided under former Code 1933, § 42-511 and Ga. L. 1961, p. 501).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 3, 6, 49.

C.J.S.

- 36A C.J.S., Food, §§ 4, 14.

ALR.

- Constitutionality of regulations as to milk, 42 A.L.R. 556; 58 A.L.R. 672; 80 A.L.R. 1225; 101 A.L.R. 64; 110 A.L.R. 644; 119 A.L.R. 243; 155 A.L.R. 1383.

Construction and application of regulations as to milk, 122 A.L.R. 1062.

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