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2018 Georgia Code 26-2-33 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-33 Case Law from Google Scholar Amendments to OCGA 26-2-33

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

26-2-33. Enforcement of article by Commissioner; employment of personnel.

  1. The Commissioner is charged with the duty of enforcing this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space used for the operation of food sales as defined in Code Section 26-2-21. The measurement of square footage shall consider indoor and outdoor dining areas as part of food service as defined in Code Section 26-2-370. The Commissioner shall employ the necessary personnel and shall fix their compensation and prescribe their duties. Duly authorized representatives are authorized to enter upon and inspect the premises of any food sales establishment.
  2. Notwithstanding any other provision of this article, food service establishments as defined in Code Section 26-2-370 shall be inspected and regulated under Article 13 of this chapter and shall not be subject to inspection or enforcement under this article.

(Ga. L. 1956, p. 195, § 15; Ga. L. 2000, p. 1558, § 2.)

JUDICIAL DECISIONS

Immunity for inspectors.

- Inspectors for the consumer protection division who informed a public warehouseman that the pecans stored at its warehouse were unfit for human consumption without destroying the condemned pecans expeditiously nor notifying the holders of a security interest in the pecans of the condemnation owed no duty to the holders of the security interest under the Georgia Food Act, O.C.G.A. Art. 2, Ch. 2, T. 26. The injury that the holders suffered in losing their security was not the type of injury the Georgia Food Act was designed to prevent. Planters & Citizens Bank v. Pennsylvania Millers Mut. Ins. Co., 786 F. Supp. 991 (S.D. Ga. 1992), aff'd, 992 F.2d 328 (11th Cir. 1993).

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