O.C.G.A.

O.C.G.A. § 26-2-239 (2019)

Standards and requirements for frozen desserts generally

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

The standards and requirements for standardized frozen desserts, specifically ice cream, frozen custard, sherbet, and water ices, as adopted by the Food and Drug Administration of the United States Department of Health and Human Services and contained in “Frozen Desserts,” 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110 - 135.160 (1979), except as otherwise provided, are expressly adopted as the standards and requirements for this state.

History

Code 1933, § 42-612, enacted by Ga. L.

1980, p. 981, § 12; Ga. L. 1999, p. 638, § 5.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, annota-

tions decided under former Code 1933, Ch. 42-5 and § 42-511 and Ga. L. 1961, p. 501

are included in the annotations for this Code section. 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, 26-2231, 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 Ga. LEXIS 856 (1968) (decided under former Code 1933, § 42-511 and Ga. L. 1961, p. 501).

RESEARCH REFERENCES Am. Jur. 2d. 35A Am. Jur. 2d, Food, §§ 12, 42, 46. C.J.S. 36A C.J.S., Food, § 28 et seq.

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