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 guaranties 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) (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) (decided under former Code 1933, §§ 42-109, 42-115, 42-9901 and 42-9906).

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, § 53 et seq. 74 Am. Jur. 2d, Telecommunications, § 195.

C.J.S.

- 36A C.J.S., Food, § 52 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.