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O.C.G.A. § 26-2-352 — Sanitary standards and specifications for manufacture, bottling, and distribution of soft drinks or soft drink syrup; adoption; compliance with food laws | Georgia Code

O.C.G.A. § 26-2-352 (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 12 SOFT DRINKS

26-2-352. Sanitary standards and specifications for manufacture, bottling, and distribution of soft drinks or soft drink syrup; adoption; compliance with food laws.

The Commissioner is charged with the enforcement of this article and is authorized to adopt sanitary standards and specifications for the manufacture, bottling, and distribution of a bottled soft drink or a soft drink syrup. No person shall manufacture, bottle, or distribute any bottled soft drink or soft drink syrup that has been produced, manufactured, bottled, or distributed under sanitary conditions and specifications that are less than those adopted by the Commissioner; provided, however, that such standards and specifications shall be no less than those adopted pursuant to the food laws of this state.

(Ga. L. 1956, p. 611, § 3.)

OPINIONS OF THE ATTORNEY GENERAL

Bottled soft drinks subject to section on misbranding.

- Provisions of Ga. L. 1956, p. 195 (see now O.C.G.A. § 26-2-28) apply to bottled soft drinks. 1958-59 Op. Att'y Gen. p. 7.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 7, 34.

C.J.S.

- 36A C.J.S., Food, §§ 4, 39.

ALR.

- Validity of regulations as to ingredients of nonalcoholic soft drinks, 41 A.L.R. 930.

Presumption or prima facie case of negligence based on presence of foreign substance in bottled or canned beverage, 52 A.L.R.2d 117.

Liability of manufacturer or seller for injury caused by beverage sold, 77 A.L.R.2d 215.

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This Georgia Code resource is curated by Graham W. 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.