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2018 Georgia Code 31-5-21 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 5. Administration and Enforcement, 31-5-1 through 31-5-24.

ARTICLE 2 INSPECTION WARRANTS

31-5-21. Persons who may obtain inspection warrants; authorization of searches and inspections of property.

The commissioner of public health or his or her delegate or the director of any county board of health, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this chapter. Such warrant shall authorize the commissioner of public health or the director of any county board of health, or the agents of any, or the Department of Agriculture, as appropriate, to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this title or any provision of law which authorizes licensure, inspection, or regulation by the Department of Public Health or a local agency thereof.

(Code 1933, § 88-302A, enacted by Ga. L. 1975, p. 693, § 1; Ga. L. 1982, p. 1667, §§ 1, 2; Ga. L. 1998, p. 128, § 31; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 5-12/HB 214; Ga. L. 2015, p. 598, § 1-12/HB 72.)

The 2011 amendment, effective July 1, 2011, inserted "or the commissioner of community health" near the beginning of the first and second sentences; inserted "or her" in the first sentence; and, in the second sentence, substituted "agents of any" for "agents of either", substituted "Department of Public Health" for "Department of Community Health", and added "or by the Department of Community Health" at the end.

The 2015 amendment, effective July 1, 2015, in this Code section, substituted "of public health" for "or the commissioner of community health" in the first and second sentences, and deleted "or by the Department of Community Health" following "agency thereof" in the last sentence.

Cross references.

- Search warrants generally, § 17-5-20 et seq.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 63 (2015).

RESEARCH REFERENCES

Am. Jur. 2d.

- 39 Am. Jur. 2d, Health, §§ 58, 60, 66, 72, 73, 86, 88.

C.J.S.

- 39A C.J.S., Health and Environment, §§ 51 et seq., 71, 84 et seq.

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