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O.C.G.A. § 26-2-25 — Licensing of food sales establishments; revocation; notice and hearing; transferability; posting of license; fees; rules and regulations | Georgia Code
O.C.G.A. § 26-2-25 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 2. Standards, Labeling, and Adulteration of Food, 26-2-1 through 26-2-441.

ARTICLE 2 ADULTERATION AND MISBRANDING OF FOOD

26-2-25. Licensing of food sales establishments; revocation; notice and hearing; transferability; posting of license; fees; rules and regulations.

  1. It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Licenses issued under this article shall be renewed annually and shall not be transferable with respect to persons or location. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article.
  2. The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section. The fee structure shall be based on the level of risk, procedural effort, and inspection time needed for each food sales establishment:
    1. Tier 5............ $300.00
    2. Tier 4............ 250.00
    3. Tier 3............ 200.00
    4. Tier 2............ 150.00
    5. Tier 1............ 100.00
  3. The Department of Agriculture shall establish rules and regulations by which to assign each food sales establishment to a proper tier and to collect the fees provided for in this Code section.

(Ga. L. 1971, p. 66, § 3; Ga. L. 2002, p. 815, § 1; Ga. L. 2010, p. 9, § 1-57/HB 1055.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2010, "establishment" was substituted for "establishments" at the end of the introductory language in subsection (b) and "regulations" was substituted for "regulation" in subsection (c).

RESEARCH REFERENCES

ALR.

- Validity of statute or ordinance relating to place of sale of food, 52 A.L.R. 669.

Application of occupation, sales, or license tax to one operating dining room, cafeteria, or beverage room incidental to business, 13 A.L.R.2d 1362.

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This Georgia Code resource is curated by Graham Syfert, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.