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O.C.G.A. § 26-2-371 — Permits - Required; issued by county board of health or Department of Public Health; validity; transferability; rules and regulations by municipalities | Georgia Code

O.C.G.A. § 26-2-371 (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 13 FOOD SERVICE ESTABLISHMENTS

26-2-371. Permits - Required; issued by county board of health or Department of Public Health; validity; transferability; rules and regulations by municipalities.

It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. Nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments.

(Ga. L. 1958, p. 371, § 2; Code 1933, § 88-1002, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

JUDICIAL DECISIONS

Cited in Aldridge v. Georgia Hospitality & Travel Ass'n, 251 Ga. 234, 304 S.E.2d 708 (1983).

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Hotels, Motels, and Restaurants, §§ 26 et seq., 37 et seq.

C.J.S.

- 43A C.J.S., Inns, Hotels, and Eating Places, §§ 6, 14-16.

ALR.

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

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