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O.C.G.A. § 26-3-5 — Duty of prosecuting attorney upon report of violation; notice to possible defendant | Georgia Code

O.C.G.A. § 26-3-5 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 26 FOOD, DRUGS, AND COSMETICS

Section 3. Standards, Labeling, and Adulteration of Drugs and Cosmetics, 26-3-1 through 26-3-24.

ARTICLE 17 COOPERATION IN IMPLEMENTATION OF FEDERAL FOOD SAFETY MODERNIZATION ACT

26-3-5. Duty of prosecuting attorney upon report of violation; notice to possible defendant.

It shall be the duty of each prosecuting attorney to whom the State Board of Pharmacy reports any violation of this chapter to cause appropriate criminal proceedings to be instituted in the appropriate court without delay and to prosecute same in the manner provided by law. Before any violation of this chapter is reported to any prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the State Board of Pharmacy or its designated agent, either orally or in writing, in person, or by attorney with regard to such contemplated proceedings.

(Ga. L. 1961, p. 529, § 7; Code 1933, § 79A-1006, enacted by Ga. L. 1967, p. 296, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Board can still notify federal authorities when violator outside jurisdiction.

- When the alleged violator is outside the jurisdiction of the State Board of Pharmacy, the recourse of the Board lies in the notification of the federal authorities charged with the enforcement of federal laws in the area of nonmailable items and the regulation of drugs, medicines, and poisons. 1969 Op. Att'y Gen. No. 69-121.

RESEARCH REFERENCES

C.J.S.

- 28 C.J.S. Drugs and Narcotics, § 188 et seq.

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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.