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
26-2-244. Standards and conditions for importation of milk and milk products.
-
No milk or milk products for human consumption shall be shipped into this state from any other state unless such milk or milk product is produced and handled under sanitary conditions no less adequate for the protection of public health and welfare than the conditions under which milk and milk products are produced, handled, and marketed in this state, and then not until authorization for the shipping of milk or milk products has been issued by the Commissioner after careful investigation; provided, however, that shippers listed on the interstate milk shippers list shall be deemed to be in compliance with this Code section.
-
Any applicant who is not listed on the interstate milk shippers list but who desires to ship milk or milk products into this state shall furnish certified copies of all laws, rules, and regulations pertaining to the sanitary standards in force in the area where the product which he wishes to bring into this state is produced, processed, handled, and sold, together with certified copies of any and all licenses, permits, certificates, test results, and inspection reports pertaining to the production, processing, marketing, handling, and sale of the milk or milk products. If the Commissioner finds that the milk or milk product is produced, processed, marketed, and handled under sanitary conditions no less adequate than those applicable in this state, he may authorize the shipping of the milk or milk product into this state. If the applicant is unable to comply with this subsection, he may request an inspection under subsection (c) of this Code section.
-
Upon application from a person who desires authorization to ship any milk or milk product into this state and upon the payment by the person of the amount of actual expense necessary to make an inspection, the Commissioner shall cause an inspection to be made. If, upon inspection, the requirements of this article and the rules and regulations promulgated hereunder are found to be met, the Commissioner shall authorize the shipment of the milk or milk product.
(Ga. L. 1929, p. 280, § 20; Code 1933, § 42-518; Ga. L. 1937, p. 725, § 1; Ga. L. 1961, p. 501, § 12; Ga. L. 1980, p. 981, § 17.)
OPINIONS OF THE ATTORNEY GENERAL
Milk import permit deniable only when milk unsanitary or when importer cannot show equal sanitary standards.
- Permits for the importation into Georgia of milk or milk products may be denied by the Commissioner of Agriculture only when the applicant for such permit cannot show that the sanitary standards for the product in force where it is produced and processed are as adequate as such standards in this state, or when an inspection of the proposed shipment discloses that it does not conform to the sanitary standards of this state; such permits may not be denied solely to protect domestic producers from foreign competition. 1969 Op. Att'y Gen. No. 69-202.
RESEARCH REFERENCES
Am. Jur. 2d.
- 35A Am. Jur. 2d, Food,
§§
8, 37 et seq.
C.J.S.
- 36A C.J.S., Food,
§
29 et seq.
