O.C.G.A.
O.C.G.A.

O.C.G.A. § 26-2-240 (2019)

Adulterated ice cream

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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

(a) Ice cream shall be deemed to be adulterated:

(1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes;

(2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with, or compounded with it; provided, however, that chocolate ice cream and the chocolate coating of coated ice cream may contain cocoa butter; or

(3) If it is made, in whole or in part, from any milk product which is unfit for consumption as food.

(b) It shall be unlawful for any person to manufacture, sell, offer or expose for sale, or have in possession with intent to sell or offer or expose for sale under the name of “ice cream” any product or substance deemed adulterated under subsection (a) of this Code section.

History

Ga. L. 1929, p. 280, § 11; Code 1933,

§ 42-512; Ga. L. 1965, p. 498, § 1; Ga. L. 1980, p. 981, § 13.

Annotations

RESEARCH REFERENCES Am. Jur. 2d. 35A Am. Jur. 2d, Food, §§ 6, 20, 46. C.J.S. 36A C.J.S., Food, §§ 23, 28 et seq. ALR. Preservative as adulterant within statute in relation to food, 50 A.L.R. 76.

Validity, construction, and application of statutes or ordinances relating specifically to ice cream or other frozen milk products, 111 A.L.R. 112.