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2018 Georgia Code 26-2-88 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 26-2-88 Case Law from Google Scholar Amendments to OCGA 26-2-88

TITLE 26 FOOD, DRUGS, AND COSMETICS

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

ARTICLE 3 MEAT INSPECTION

26-2-88. Penalties for fraud or distribution of adulterated articles; penalties for slaughter or distribution of diseased or cancerous animals.

  1. Any person, firm, or corporation who violates this article with intent to defraud or who distributes or attempts to distribute an article that is adulterated, except as defined in subparagraph (H) of paragraph (1) of Code Section 26-2-62, shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both, provided that no person, firm, or corporation shall be subject to penalties under this subsection for receiving for transportation any article or animal in violation of this article if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish, on request of a representative of the Commissioner, the name and address of the person from whom he received such article or animal and copies of all documents, if there are any, pertaining to the delivery of the article or animal to him.
  2. Any person who unlawfully slaughters any diseased or cancerous animal for purposes of selling any part of the carcass for human consumption or who knowingly distributes or attempts to distribute any part of such a carcass for human consumption shall be guilty of a felony and punished by imprisonment for not less than three years or more than ten years or by a fine of not less than $10,000.00 or more than $50,000.00, or both.
  3. Any person who violates any of the provisions of this article for which a penalty is not otherwise prescribed in this article or who violates any rule or regulation promulgated under this article shall be guilty of a misdemeanor.

(Ga. L. 1969, p. 1028, §§ 25, 29; Ga. L. 1982, p. 980, §§ 1, 2; Ga. L. 1985, p. 149, § 26; Ga. L. 1986, p. 10, § 26.)

Cross references.

- Disposal of dead animals, T. 4, C. 5.

Animals suspected of bearing residue causing contaminated meat, § 26-2-180 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, § 59 et seq.

C.J.S.

- 36A C.J.S., Food, § 52 et seq.

ALR.

- Penal offense predicated upon violation of food law as affected by ignorance or mistake of fact, lack of criminal intent, or presence of good faith, 152 A.L.R. 755.

Recovery for loss of business resulting from resale of unwholesome food or beverages furnished by another, 17 A.L.R.2d 1379.

PART 3 I NSPECTION OF ANIMALS, CARCASSES, MEAT, AND MEAT FOOD PRODUCTS; ADULTERATION AND MISBRANDING

26-2-100. Duties of inspectors.

The Commissioner shall appoint, from time to time, inspectors to make examination and inspection of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, the inspection of which is provided for, and of all carcasses and parts thereof, and of all meats and meat food products thereof, and of the sanitary conditions of all establishments in which such meat and meat food products are prepared. Said inspectors shall refuse to stamp, mark, tag, or label any carcass or any part thereof, or meat food product therefrom, prepared in any establishment described in this chapter until the same shall have actually been inspected and found to be not adulterated. Said inspectors shall perform such other duties as are provided by this article and by the rules and regulations to be promulgated by the Commissioner.

(Ga. L. 1969, p. 1028, § 13; Ga. L. 1974, p. 453, § 1; Ga. L. 1995, p. 244, § 15; Ga. L. 1996, p. 1219, § 4; Ga. L. 2008, p. 458, § 11/SB 364.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 4 Am. Jur. 2d, Animals, § 36. 35A Am. Jur. 2d, Food, §§ 7, 12, 42.

C.J.S.

- 3A C.J.S., Animals, § 69. 36A C.J.S., Food, §§ 14, 19, 20.

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