O.C.G.A. § 26-2-242 (2019)
Standards and requirements for sale of milk and milk products
(a) Milk and milk products which are in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption, provided the container in which the milk or milk product is sold, offered for sale, or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale, or delivered for the purpose of human consumption if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article unless such product complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder.
(b) The sale, offering for sale, or delivery of ungraded milk is prohibited except as provided in Article 18 of this chapter.
(c) No raw whole milk for manufacturing purposes may be offered for sale in this state to anyone except processors and manufacturers properly licensed and inspected to manufacture and process manufactured milk products.
(d) It shall be unlawful to sell, keep for sale, or offer for sale any condensed or evaporated milk, concentrated milk, sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, sweetened evaporated skimmed milk, or any of the fluid derivatives of any of them, to which shall have been added any fat or oil other than milk fat, either under the name of the products or articles or the derivatives thereof, or under any fictitious or trade name whatsoever.
History
Code 1933, § 42-614, enacted by Ga. L. 1961, p. 501, §§ 6, 7; Ga. L. 1980, p. 981, § 14; Ga. L. 2022, p. 809, § 4/HB 1175. The 2022 amendment, effective July 1, 2023, added “unless such product complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated there-
under” at the end of subsection (a) and added “except as provided in Article 18 of this chapter” at the end of subsection (b).
Annotations
Editor’s notes. Ga. L. 2022, p. 809, § 1/HB 1175, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Georgia Raw Dairy Act.’”
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions 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. §§ 26-2-232, 26-2233) 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 af-
fixed 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, § 37 et seq.
C.J.S. 36A C.J.S., Food, §§ 28 et seq., 38 et seq.