Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 26-2-233 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-233 Case Law from Google Scholar Amendments to OCGA 26-2-233

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

26-2-233. Promulgation and amendment of rules and regulations by Commissioner.

  1. The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The rules and regulations shall include, but not be limited to, the following:
    1. Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with this article and the rules and regulations promulgated under this article;
    2. Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of milk, cream, or other dairy products; and
    3. Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.
  2. The Commissioner may include as a part of such rules and regulations the adoption of supplements to and changes in the "Grade A Pasteurized Milk Ordinance" referred to in Code Section 26-2-238.

(Ga. L. 1929, p. 280, § 19; Code 1933, § 42-501; Ga. L. 1935, p. 167, § 2; Ga. L. 1961, p. 501, § 14; Ga. L. 1980, p. 981, § 5; Ga. L. 1983, p. 737, § 1; Ga. L. 1985, p. 149, § 26.)

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 is 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. §§ 26-2-232,26-2-233,26-2-242) 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 and Ga. L. 1961, p. 501).

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. §§ 26-2-231,26-2-233) authorized the commissioner to do more by rule and regulation than define and set standards for milk and milk products, and to approve labels to be affixed to or printed upon the containers in which such products were 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, 49 et seq.

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.

No results found for Georgia Code 26-2-233.