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2018 Georgia Code 26-2-242 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-242 Case Law from Google Scholar Amendments to OCGA 26-2-242

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

26-2-242. Standards and requirements as to sale of milk and milk products generally; labeling; sale of ungraded milk, raw whole milk, condensed or evaporated milk.

  1. 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.
  2. The sale, offering for sale, or delivery of ungraded milk is prohibited.
  3. 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.
  4. 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.

(Code 1933, § 42-614, enacted by Ga. L. 1961, p. 501, §§ 6, 7; Ga. L. 1980, p. 981, § 14.)

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. §§ 26-2-232,26-2-233) 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, § 37 et seq.

C.J.S.

- 36A C.J.S., Food, §§ 29 et seq., 41.

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