O.C.G.A.
O.C.G.A.

O.C.G.A. § 26-4-131 (2019)

Examination of food, drug, and cosmetic specimens; violations of federal law

✓ 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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The examination of specimens of foods, drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed.

History

Code 1981, § 26-4-131, enacted by Ga. L. 1998, p. 686, § 1.

ARTICLE 8 THIRD-PARTY PRESCRIPTION PROGRAMS

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, annotations decided under former O.C.G.A. § 26-4-140 are included in the annotations for this article. Preemption by federal law. - Georgia Third Party Prescription Program Law of 1983, affects employee benefit

plans protected by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq., and is therefore preempted by the federal act. GMC v. Caldwell, 647 F. Supp. 585, 1986 U.S. Dist. LEXIS 19179 (N.D. Ga. 1986) (decided under former O.C.G.A. § 26-4140).