O.C.G.A. § 26-2-24 (2019)
Penalty for violation of Code Section 26-2-22; exceptions
Any person who violates Code Section 26-2-22 shall be guilty of a misdemeanor, provided that: (1) No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section 26-2-22 if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article; (2) No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and (3) If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section 26-2-22 by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section 26-2-38 shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years.
History
Ga. L. 1956, p. 195, § 5; Ga. L. 1998, p. 189, § 1.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, §§ 42-109, 42-115, 42-9901, and 42-9906, are included in the annotations for this Code section. Dealer with manufacturer’s guarantee not negligent per se but can be negligent as matter of fact. - Under former Code 1933, § 42-115 (see now O.C.G.A. § 26-2-24), relating to guaran-
ties of manufacturers, a dealer selling food which was adulterated within the meaning of the statute would not violate the statute’s provisions, and therefore would not be guilty of negligence per se, if the dealer had obtained the prescribed guaranty; but the guaranty would not relieve the dealer from the liability referred to in former Code 1933, § 105-1101 (see now O.C.G.A. § 51-1-123) if the dealer was negligent as a matter of fact in
selling unwholesome food by the use of which another was injured. It follows that former Code 1933, § 42-115 (see now O.C.G.A. § 26-2-24), merely creates an exception to the statute in favor of those who obtained and established the guaranty. Burns v. Colonial Stores, Inc., 90 Ga. App. 492, 83 S.E.2d 259, 1954 Ga. App. LEXIS 741 (1954) (decided under former Code 1933, §§ 42-109 and 42-115). Dealer without guaranty liable for illness, though without knowledge of food’s unfitness. - Retail dealer who sold adulterated food, the sale of which was prohibited by former Code 1933, § 42-109 (see now O.C.G.A. § 26-2-26), when the dealer had not established a
guaranty from the manufacturer as provided in former Code 1933, § 42-115 (see now O.C.G.A. § 26-2-24) to the effect that the article was not adulterated within the meaning of former Code 1933, § 42-109 (see now O.C.G.A. § 26-2-26), although the dealer had no knowledge of the unfit condition of the article sold and was not negligent with respect thereto, would be liable in damages to the person made sick from eating such food without fault on the person’s part. Donaldson v. Great Atl. & Pac. Tea Co., 59 Ga. App. 79, 200 S.E. 498, 1938 Ga. App. LEXIS 450 (1938) (decided under former Code 1933, §§ 42-109, 42115, 42-9901, and 42-9906).
RESEARCH REFERENCES Am. Jur. 2d. 35A Am. Jur. 2d, Food, § 54 et seq. 74 Am. Jur. 2d, Telecommunications, § 195. C.J.S. 36A C.J.S., Food, § 59 et seq. ALR. Seller’s duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.
Penal offense predicated upon violation of food law as affected by ignorance or mistake of fact, lack of criminal intent, or presence of good faith, 152 A.L.R. 755. Liability of packer, foodstore, or restaurant for causing trichinosis, 96 A.L.R.3d 451.