O.C.G.A.

O.C.G.A. § 26-2-88 (2019)

Penalties for fraud or distribution of adulterated articles; penalties for slaughter or distribution of diseased or cancerous animals

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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.

(c) 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.

History

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.

Annotations

Cross references. Disposal of diseased, disabled or deceased animals, § 4-5-1 et seq.

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

RESEARCH REFERENCES Am. Jur. 2d. 35A Am. Jur. 2d, Food, § 54 et seq. C.J.S. 36A C.J.S., Food, § 59 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 INSPECTION, HANDLING, AND LABELING STANDARDS