TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 14 NONPROFIT FOOD SALES AND FOOD SERVICE

26-2-392. Standards for food, labeling, and containers; protection from contamination; temperature; prohibited foods; utensils and equipment; ice; transport to other location; reuse at another event; handwashing facilities; unapproved facilities.

1. This Code section applies to food items prepared and offered for sale by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited.
2. At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation. The temperature of potentially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all times.
3. The preparation of the following potentially hazardous foods is prohibited unless the organization has an established hazard control program:
   1. Pastries filled with cream or synthetic cream;
   2. Custards;
   3. Products similar to the products listed in paragraphs (1) and (2) of this subsection; or
   4. Salads containing meat, poultry, eggs, or fish.
4. Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food.
5. Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event.
6. A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, running water and individual paper towels.
7. This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities.
8. County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.

(Code 1981, §26-2-392, enacted by Ga. L. 1992, p. 1174, § 3; Ga. L. 1998, p. 1220, § 3.)