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.

(Code 1933, § 42-612, enacted by Ga. L. 1980, p. 981, § 12; Ga. L. 1999, p. 638, § 5.)

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.

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 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, § 29 et seq.

ALR.

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

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2018 Georgia Code 26-2-239 | Car Wreck Lawyer

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