O.C.G.A. § 26-2-34 — GA Code / Title 26 / Chapter 2 / Section 26-2-34
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-34
Status: repealed

(a) The authority to promulgate regulations for the efficient enforcement of this article is vested in the Commissioner. The Commissioner is authorized to make the regulations promulgated under this article conform, insofar as practicable, with those promulgated under the federal act.

(a) The authority to promulgate regulations for the efficient enforcement of this article is vested in the Commissioner. The Commissioner is authorized to make the regulations promulgated under this article conform, insofar as practicable, with those promulgated under the federal act.

(b) Hearings authorized or required by this article shall be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose.

(b) Hearings authorized or required by this article shall be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose.

(c) Before promulgating any regulation authorized by Code Sections 26-2-35 and 26-2-37 and paragraph (10) of Code Section 26-2-28 , the Commissioner shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Commissioner, which date shall not be prior to 30 days after its promulgation. Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a regulation amending or repealing any such regulation, the Commissioner, to such an extent as is deemed necessary, in order to prevent undue hardship, may disregard the foregoing provisions regarding notices, hearing, or effective date.

(c) Before promulgating any regulation authorized by Code Sections 26-2-35 and 26-2-37 and paragraph (10) of Code Section 26-2-28 , the Commissioner shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Commissioner, which date shall not be prior to 30 days after its promulgation. Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a regulation amending or repealing any such regulation, the Commissioner, to such an extent as is deemed necessary, in order to prevent undue hardship, may disregard the foregoing provisions regarding notices, hearing, or effective date.

(d)(1) For purposes of this subsection, the term: (A) “ Substantial hardship ” means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business. (B) “ Variance ” means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. (C) “ Waiver ” means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule. (2) The Commissioner may grant a variance or waiver to any rule promulgated pursuant to this Code section when a person subject to such rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person. (3) This subsection shall not apply, and no variance or waiver shall be sought or authorized, if the granting of such variance or waiver would be harmful to the public health, safety, or welfare.

(d)(1) For purposes of this subsection, the term: (A) “ Substantial hardship ” means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business. (B) “ Variance ” means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. (C) “ Waiver ” means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.

(d)(1) For purposes of this subsection, the term:

(A) “ Substantial hardship ” means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business.

(A) “ Substantial hardship ” means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business.

(B) “ Variance ” means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule.

(B) “ Variance ” means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule.

(C) “ Waiver ” means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.

(C) “ Waiver ” means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.

(2) The Commissioner may grant a variance or waiver to any rule promulgated pursuant to this Code section when a person subject to such rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.

(2) The Commissioner may grant a variance or waiver to any rule promulgated pursuant to this Code section when a person subject to such rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.

(3) This subsection shall not apply, and no variance or waiver shall be sought or authorized, if the granting of such variance or waiver would be harmful to the public health, safety, or welfare.

(3) This subsection shall not apply, and no variance or waiver shall be sought or authorized, if the granting of such variance or waiver would be harmful to the public health, safety, or welfare.
O.C.G.A. § 26-4-204 — GA Code / Title 26 / Chapter 4 / Section 26-4-204
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-204
Status: in_force

<Effective upon appropriation of funds for purposes of Laws 2007, Act 245, § 2 .>

It shall be unlawful for a person to perform or cause the performance of or aid and abet any of the following acts in this state:

(1) Selling, distributing, or transferring a prescription drug to a person that is not authorized to receive the prescription drug under the law of the jurisdiction in which the person receives the prescription drug;

(1) Selling, distributing, or transferring a prescription drug to a person that is not authorized to receive the prescription drug under the law of the jurisdiction in which the person receives the prescription drug;

(2) Failing to maintain or provide pedigrees as required by the board;

(2) Failing to maintain or provide pedigrees as required by the board;

(3) Failing to obtain, transfer, or authenticate a pedigree as required by the board;

(3) Failing to obtain, transfer, or authenticate a pedigree as required by the board;

(4) Providing the board or any of its representatives or any federal official with false or fraudulent records, including, but not limited to falsified pedigrees, or making false or fraudulent statements regarding any matter within the provisions of this article;

(4) Providing the board or any of its representatives or any federal official with false or fraudulent records, including, but not limited to falsified pedigrees, or making false or fraudulent statements regarding any matter within the provisions of this article;

(5) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug; and

(5) Obtaining or attempting to obtain a prescription drug by fraud, deceit, or misrepresentation or engaging in misrepresentation or fraud in the distribution of a prescription drug; and

(6) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the Food and Drug Administration, the manufacturing, repackaging, selling, transferring, delivering, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or has otherwise been rendered unfit for distribution.

(6) Except for the wholesale distribution by manufacturers of a prescription drug that has been delivered into commerce pursuant to an application approved under federal law by the Food and Drug Administration, the manufacturing, repackaging, selling, transferring, delivering, holding, or offering for sale of any prescription drug that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or has otherwise been rendered unfit for distribution.
O.C.G.A. § 26-4-23 — GA Code / Title 26 / Chapter 4 / Section 26-4-23
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-23
Status: in_force

Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor in the same manner as provided in Code Section 43-1-17 .
O.C.G.A. § 26-5-12 — GA Code / Title 26 / Chapter 5 / Section 26-5-12
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-12
Status: in_force

Subject to the limitations of Code Section 26-5-17 , the department may require at reasonable intervals, and each licensee shall furnish copies of complete records of each drug dependent person treated or advised pursuant to a program.
O.C.G.A. § 26-2-374 — GA Code / Title 26 / Chapter 2 / Section 26-2-374
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-374
Status: in_force

(a) The Department of Public Health shall print and distribute notices to every food service establishment in this state explaining the proper procedures to be taken to assist or aid persons who are choking. The notices shall contain such information as is found appropriate or necessary by the department and shall be posted and maintained by the food service establishment in a conspicuous place or places on the premises as required by the department.

(a) The Department of Public Health shall print and distribute notices to every food service establishment in this state explaining the proper procedures to be taken to assist or aid persons who are choking. The notices shall contain such information as is found appropriate or necessary by the department and shall be posted and maintained by the food service establishment in a conspicuous place or places on the premises as required by the department.

(b) Any person who renders emergency aid in good faith to persons who are choking, without any charge for his services, shall not be liable for any civil damages for any act or omission in rendering such emergency aid or as a result of any act or failure to act to provide or arrange for further treatment or care for such persons.

(b) Any person who renders emergency aid in good faith to persons who are choking, without any charge for his services, shall not be liable for any civil damages for any act or omission in rendering such emergency aid or as a result of any act or failure to act to provide or arrange for further treatment or care for such persons.
O.C.G.A. § 26-2-372 — GA Code / Title 26 / Chapter 2 / Section 26-2-372
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-372
Status: in_force

The Department of Public Health, or county boards of health acting as agents of the department, shall have the power and authority to issue permits to operate food service establishments and to suspend or revoke such permits in accordance with the rules and regulations adopted and promulgated as provided for in this article. When, in the judgment of the department or the county board of health, acting as agent of the former, it is necessary and proper that such application for a permit be denied or that the permit previously granted be suspended or revoked, the applicant or holder thereof shall be afforded notice and hearing as provided in Article 1 of Chapter 5 of Title 31. In the event that such application is finally denied, suspended, or revoked, the applicant or holder of the permit shall be notified in writing. Such written notice shall specifically state any and all reasons why the application has been denied or the permit has been suspended or revoked.
O.C.G.A. § 26-2-155 — GA Code / Title 26 / Chapter 2 / Section 26-2-155
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-155
Status: in_force

(a) All food service establishments in this state, as defined in Code Section 26-2-370 , which serve carcass beef, or cuts derived from such carcass, imported from a foreign country, shall conspicuously display or attach to their menus the words: “We serve beef imported from a foreign country.”

(a) All food service establishments in this state, as defined in Code Section 26-2-370 , which serve carcass beef, or cuts derived from such carcass, imported from a foreign country, shall conspicuously display or attach to their menus the words: “We serve beef imported from a foreign country.”

(b) Any person, firm, or corporation who violates this Code section shall be guilty of a misdemeanor.

(b) Any person, firm, or corporation who violates this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-103 — GA Code / Title 26 / Chapter 2 / Section 26-2-103
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-103
Status: in_force

(a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this state in which such articles are prepared for commerce.

(a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, a post-mortem examination and inspection of the carcasses and parts thereof of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, capable of use as human food, to be prepared at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment in this state in which such articles are prepared for commerce.

(b) The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled as “Inspected and Passed”; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned,” all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be made unfit for human consumption by such establishment in the presence of an inspector; and the Commissioner may remove inspectors from any establishment which fails so to destroy any such condemned carcass or part thereof.

(b) The carcasses and parts thereof of all such animals found to be not adulterated shall be marked, stamped, tagged, or labeled as “Inspected and Passed”; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned,” all carcasses and parts thereof of animals found to be adulterated; and all carcasses and parts thereof thus inspected and condemned shall be made unfit for human consumption by such establishment in the presence of an inspector; and the Commissioner may remove inspectors from any establishment which fails so to destroy any such condemned carcass or part thereof.

(c) Inspectors, after the first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated. If any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be made unfit for human consumption by such establishment in the presence of an inspector. The Commissioner may remove inspectors from any establishment which fails to destroy any such condemned carcass or part thereof.

(c) Inspectors, after the first inspection, shall, when they deem it necessary, reinspect said carcasses or parts thereof to determine whether since the first inspection the same have become adulterated. If any carcass or any part thereof shall, upon examination and inspection subsequent to the first examination and inspection, be found to be adulterated, it shall be made unfit for human consumption by such establishment in the presence of an inspector. The Commissioner may remove inspectors from any establishment which fails to destroy any such condemned carcass or part thereof.
O.C.G.A. § 26-4-213 — GA Code / Title 26 / Chapter 4 / Section 26-4-213
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-213
Status: in_force

Hospital pharmacists shall be authorized to collaborate with members of the medical staff in an institution on drug therapy management.
O.C.G.A. § 26-2-245 — GA Code / Title 26 / Chapter 2 / Section 26-2-245
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-245
Status: in_force

Any milk or milk product shipped into this state or produced, processed, or delivered in this state in violation of the laws of this state or the rules and regulations promulgated by the Commissioner pursuant thereto shall be condemned by the Commissioner and may be rendered unfit for marketing by the addition of a pyoktanin solution or other approved harmless coloring matter to notify the consuming public that the milk or milk product is ungraded and unfit for human consumption.
O.C.G.A. § 26-2-25 — GA Code / Title 26 / Chapter 2 / Section 26-2-25
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-25
Status: in_force

(a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Licenses issued under this article shall be renewed annually and shall not be transferable with respect to persons or location. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article.

(a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Licenses issued under this article shall be renewed annually and shall not be transferable with respect to persons or location. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article.

(b) The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section. The fee structure shall be based on the level of risk, procedural effort, and inspection time needed for each food sales establishment: (1) Tier 5․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․$300.00 (2) Tier 4․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․․250.00 (3) Tier 3․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․․200.00 (4) Tier 2․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․․150.00 (5) Tier 1․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․ ․․․․․․100.00

(b) The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section. The fee structure shall be based on the level of risk, procedural effort, and inspection time needed for each food sales establishment:

(1)

Tier 5․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․$300.00

(2)

Tier 4․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․250.00

(3)

Tier 3․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․200.00

(4)

Tier 2․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․150.00

(5)

Tier 1․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․․

․․․․․․100.00

(c) The Department of Agriculture shall establish rules and regulations by which to assign each food sales establishment to a proper tier and to collect the fees provided for in this Code section.

(c) The Department of Agriculture shall establish rules and regulations by which to assign each food sales establishment to a proper tier and to collect the fees provided for in this Code section.
O.C.G.A. § 26-5-14 — GA Code / Title 26 / Chapter 5 / Section 26-5-14
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-14
Status: in_force

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department may prescribe by rules and regulations and may suspend or revoke a license which has been issued if an applicant or a licensee violates any of such rules and regulations; provided, however, that before any order is entered denying a license applied for or suspending or revoking a license previously granted, the applicant or license holder, as the case may be, shall be afforded an opportunity for a hearing as provided for in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-3-5 — GA Code / Title 26 / Chapter 3 / Section 26-3-5
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-5
Status: in_force

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.
O.C.G.A. § 26-2-233 — GA Code / Title 26 / Chapter 2 / Section 26-2-233
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-233
Status: repealed

(a) The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The rules and regulations shall include, but not be limited to, the following: (1) Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with this article and the rules and regulations promulgated under this article; (2) Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of milk, cream, or other dairy products; and (3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.

(a) The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” The rules and regulations shall include, but not be limited to, the following:

(1) Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with this article and the rules and regulations promulgated under this article;

(1) Rules and regulations to provide for the labeling of milk and milk products in such manner so as to indicate that the milk or milk product complies with this article and the rules and regulations promulgated under this article;

(2) Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of milk, cream, or other dairy products; and

(2) Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of milk, cream, or other dairy products; and

(3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.

(3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.

(b) The Commissioner may include as a part of such rules and regulations the adoption of supplements to and changes in the “Grade A Pasteurized Milk Ordinance” referred to in Code Section 26-2-238 .

(b) The Commissioner may include as a part of such rules and regulations the adoption of supplements to and changes in the “Grade A Pasteurized Milk Ordinance” referred to in Code Section 26-2-238 .
O.C.G.A. § 26-4-24 — GA Code / Title 26 / Chapter 4 / Section 26-4-24
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-24
Status: in_force

The board shall meet at least annually to organize and elect a president and a vice president from its members. The vice president shall serve as the cognizant member of the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the executive director at his or her office in the county of domicile of the board.
O.C.G.A. § 26-5-56 — GA Code / Title 26 / Chapter 5 / Section 26-5-56
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-56
Status: in_force

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this chapter shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication by such drug dependent person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made.
O.C.G.A. § 26-2-130 — GA Code / Title 26 / Chapter 2 / Section 26-2-130
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-130
Status: in_force

No person, firm, or corporation engaged in the business of buying, selling, or transporting in commerce dead, dying, disabled, or diseased animals, or any parts of the carcasses of any such animals, shall buy, sell, transport, offer for sale or transportation, or receive for transportation any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of the carcasses of any such animals, unless such transaction or transportation is made in accordance with such regulations as the Commissioner may promulgate, to assure that such animals, or the unwholesome parts or products thereof, will be prevented from being used for human food purposes.
O.C.G.A. § 26-2-100 — GA Code / Title 26 / Chapter 2 / Section 26-2-100
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-100
Status: in_force

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.
O.C.G.A. § 26-2-207 — GA Code / Title 26 / Chapter 2 / Section 26-2-207
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-207
Status: in_force

No person shall operate a dairy within this state unless the equipment and premises shall be maintained in a clean and sanitary condition. Each dairy shall have an adequate supply of clean, pure water and an adequate supply of clean, hot water and adequate drainage of the premises.
O.C.G.A. § 26-4-148 — GA Code / Title 26 / Chapter 4 / Section 26-4-148
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-148
Status: in_force

(a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor.

(a) Any person, corporation, or business entity which violates subsection (a) of Code Section 26-4-146 shall be guilty of a misdemeanor.

(b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article.

(b) Any person, corporation, or business entity which violates any provision of this article shall be subject to a civil penalty in the amount of $1,000.00 for each act in violation of this article or, if the violation was knowing and willful, a civil penalty of $5,000.00 for each act in violation of this article.

(c) Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees.

(c) Any person injured as a result of a violation of this article may bring an action against that person, corporation, or business entity violating this article for the recovery of all actual damages occurring as a result thereof, plus attorneys' fees.

(d) An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County.

(d) An action may be brought against any person, corporation, or business entity subject to civil penalties or an action for damages under this Code section in the county in this state in which the person resides or corporation or business entity maintains an office or, if neither residing nor maintaining an office in this state, in the Superior Court of Fulton County.

(e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law.

(e) All penalties and remedies provided in this Code section are cumulative of each other and of any other penalties and remedies otherwise provided by law.
O.C.G.A. § 26-2-316 — GA Code / Title 26 / Chapter 2 / Section 26-2-316
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-316
Status: in_force

The Commissioner of Agriculture is authorized to require each wholesale fish dealer having a fixed place of business to provide suitable equipment and sanitation to handle and care for fish and seafoods in a sanitary manner; and that each wholesale dealer having a fixed place of business shall have in his place of business a refrigerated or insulated box or cooler in which a degree of not higher than 40 degrees temperature shall be maintained and that his place of business shall have proper drainage and sewerage for the care of waste in the proper dressing or processing of fish and seafoods.
O.C.G.A. § 26-4-47 — GA Code / Title 26 / Chapter 4 / Section 26-4-47
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-47
Status: in_force

(a) Licenses issued under Code Section 26-4-46 shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire.

(a) Licenses issued under Code Section 26-4-46 shall bear the date of issuance and shall be valid for up to five years. Unless said license is renewed by the board, the license shall expire.

(b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a pharmacy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title.

(b) Any license issued pursuant to Code Section 26-4-46 shall expire at the time a pharmacy intern is expelled, suspended, dismissed, or withdraws from an approved school or college of pharmacy or is otherwise licensed as a pharmacist pursuant to this title.

(c) Any license issued pursuant to Code Section 26-4-46 shall expire upon notification that a person has taken and failed the board examination for the third time.

(c) Any license issued pursuant to Code Section 26-4-46 shall expire upon notification that a person has taken and failed the board examination for the third time.
O.C.G.A. § 26-5-2 — GA Code / Title 26 / Chapter 5 / Section 26-5-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-2
Status: in_force

The purpose of this article is to provide for the classification and systematic evaluation of various programs designed for the treatment and therapeutic rehabilitation of drug dependent persons; to ensure that every governing body which operates a drug abuse treatment and education program is licensed to do so; and to meet the rehabilitative needs of drug dependent persons while safeguarding their individual liberties.
O.C.G.A. § 26-4-44 — GA Code / Title 26 / Chapter 4 / Section 26-4-44
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-44
Status: in_force

(a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the executive director within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy education in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant.

(a) Each pharmacist shall apply for renewal of his or her license biennially pursuant to the rules and regulations promulgated by the board. A pharmacist who desires to continue in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require for renewal of the license. Notice of any change of employment or change of business address shall be filed with the executive director within ten days after such change. If the board finds that the applicant has been licensed and that such license has not been revoked or placed under suspension and that the applicant has paid the renewal fee, has continued his or her pharmacy education in accordance with Code Section 26-4-45 and the rules and regulations of the board, and is entitled to continue in the practice of pharmacy, then the board shall issue a license to the applicant.

(b) If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board.

(b) If a pharmacist fails to make application to the board for renewal of his or her license as set forth in and in accordance with the provisions of this chapter, the pharmacist must apply for reinstatement pursuant to the rules of the board.
O.C.G.A. § 26-3-13 — GA Code / Title 26 / Chapter 3 / Section 26-3-13
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-13
Status: in_force

(a) An advertisement of a drug, device, or cosmetic shall be deemed to be completely false if it is false or misleading in any particular.

(a) An advertisement of a drug, device, or cosmetic shall be deemed to be completely false if it is false or misleading in any particular.

(b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect on albuminuria, appendicitis, arteriosclerosis, blood poisoning, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorders, pylelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or sexually transmitted disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this Code section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested directly or indirectly in the sale of such drugs or devices, provided that whenever the State Board of Pharmacy determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease subject to such conditions and restrictions as the board may deem necessary in the interest of public health, provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.

(b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect on albuminuria, appendicitis, arteriosclerosis, blood poisoning, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorders, pylelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or sexually transmitted disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this Code section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested directly or indirectly in the sale of such drugs or devices, provided that whenever the State Board of Pharmacy determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease subject to such conditions and restrictions as the board may deem necessary in the interest of public health, provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
O.C.G.A. § 26-4-90 — GA Code / Title 26 / Chapter 4 / Section 26-4-90
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-90
Status: in_force

Nothing in this chapter shall be interpreted to prohibit a pharmacist or pharmacy from being remunerated for professional pharmacy care services.
O.C.G.A. § 26-2-454 — GA Code / Title 26 / Chapter 2 / Section 26-2-454
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-454
Status: in_force

(a) It shall be unlawful for any person that does not possess a permit from the department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption. Nothing in this article shall prohibit the storage and personal consumption of raw milk by the owner of an animal or a resident of the premises of production.

(a) It shall be unlawful for any person that does not possess a permit from the department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption. Nothing in this article shall prohibit the storage and personal consumption of raw milk by the owner of an animal or a resident of the premises of production.

(b) Only a person that complies with the requirements of this article shall be entitled to receive and retain such a permit. Permits shall not be transferable to other persons or locations.

(b) Only a person that complies with the requirements of this article shall be entitled to receive and retain such a permit. Permits shall not be transferable to other persons or locations.

(c) Each producer and distributor of raw milk for human consumption shall hold a valid permit issued by the department prior to beginning operation. No permit shall be issued until all parts of the operation meet the requirements of this article.

(c) Each producer and distributor of raw milk for human consumption shall hold a valid permit issued by the department prior to beginning operation. No permit shall be issued until all parts of the operation meet the requirements of this article.

(d) Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be renewable upon submission of all required application forms. The Commissioner may deny, refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or failure to comply with this article or the rules and regulations promulgated hereunder; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(d) Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be renewable upon submission of all required application forms. The Commissioner may deny, refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or failure to comply with this article or the rules and regulations promulgated hereunder; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-3-23 — GA Code / Title 26 / Chapter 3 / Section 26-3-23
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-23
Status: in_force

Any manufacturer, dealer, wholesaler, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any drug agent or other person in the performance of his duty in collecting samples or otherwise in connection with this chapter shall be guilty of a misdemeanor.
O.C.G.A. § 26-4-172 — GA Code / Title 26 / Chapter 4 / Section 26-4-172
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-172
Status: in_force

(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this article and the conditions of rules and regulations promulgated by the Board of Natural Resources for radioactive materials and administered by the department. The requirements of this article are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department.

(a) All persons, firms, pharmacies, or corporations which receive, possess, transfer, or manufacture for sale or resale radiopharmaceuticals shall be licensed in accordance with the provisions of this article. No person may receive, acquire, possess, compound, or dispense any radiopharmaceutical except in accordance with the provisions of this article and the conditions of rules and regulations promulgated by the Board of Natural Resources for radioactive materials and administered by the department. The requirements of this article are in addition to, and not in substitution of, other applicable statutes and regulations administered by the State Board of Pharmacy or the department.

(b) Nothing in this article shall be construed as requiring a licensed physician to obtain a separate license as a nuclear pharmacist, when his or her use of radiopharmaceuticals is limited to the diagnosis and treatment of his or her own patients.

(b) Nothing in this article shall be construed as requiring a licensed physician to obtain a separate license as a nuclear pharmacist, when his or her use of radiopharmaceuticals is limited to the diagnosis and treatment of his or her own patients.

(c) Nothing in this article shall be construed so as to require a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services, which is licensed by the Department of Community Health to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals.

(c) Nothing in this article shall be construed so as to require a clinical laboratory certified by the federal Centers for Medicare and Medicaid Services, which is licensed by the Department of Community Health to handle radioactive materials, to obtain the services of a nuclear pharmacist, or to have a nuclear pharmacy license, unless the laboratory is engaged in the commercial sale or resale of radiopharmaceuticals.

(d) Nothing in this article shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license.

(d) Nothing in this article shall be construed to require a department of nuclear medicine which is located in a hospital of 250 beds or less, which has a board certified radiologist in the practice of nuclear medicine, and which is licensed by the department to handle radioactive materials to obtain the services of a nuclear pharmacist or to have a nuclear pharmacy license.
O.C.G.A. § 26-2-132 — GA Code / Title 26 / Chapter 2 / Section 26-2-132
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-132
Status: in_force

(a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Commissioner, afford such representative and any duly authorized representative of the secretary of agriculture of the United States accompanied by such representative of the Commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor: (1) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food; (2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such animals; and (3) Any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of such carcasses.

(a) The following classes of persons, firms, and corporations shall keep such records as will fully and correctly disclose all transactions involved in their businesses; and all persons, firms, and corporations subject to such requirements shall, at all reasonable times, upon notice by a duly authorized representative of the Commissioner, afford such representative and any duly authorized representative of the secretary of agriculture of the United States accompanied by such representative of the Commissioner access to their places of business and opportunity to examine the facilities, inventory, and records thereof, to copy all such records, and to take reasonable samples of their inventory upon payment of the fair market value therefor:

(1) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food;

(1) Any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food;

(2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such animals; and

(2) Any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such animals; and

(3) Any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of such carcasses.

(3) Any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or parts of such carcasses.

(b) Any record required to be maintained by this Code section shall be maintained for such period of time as the Commissioner may by regulations prescribe.

(b) Any record required to be maintained by this Code section shall be maintained for such period of time as the Commissioner may by regulations prescribe.
O.C.G.A. § 26-5-4 — GA Code / Title 26 / Chapter 5 / Section 26-5-4
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-4
Status: in_force

The department is authorized to classify all programs within the state according to the character and range of services provided.
O.C.G.A. § 26-4-210 — GA Code / Title 26 / Chapter 4 / Section 26-4-210
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-210
Status: in_force

This article shall be known and may be cited as the “Safe Medications Practice Act.”
O.C.G.A. § 26-5-41 — GA Code / Title 26 / Chapter 5 / Section 26-5-41
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-41
Status: in_force

As used in this article, the term:

(1) “ Department ” means the Department of Community Health or its successor.

(1) “ Department ” means the Department of Community Health or its successor.

(2) “ Governing body ” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who holds the license to operate that program.

(2) “ Governing body ” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls a narcotic treatment program, who is legally responsible for its operation, and who holds the license to operate that program.

(3) “ License ” means the official permit issued by the department that authorizes the holder to operate a narcotic treatment program for the term provided therein.

(3) “ License ” means the official permit issued by the department that authorizes the holder to operate a narcotic treatment program for the term provided therein.

(4) “ Licensee ” means any person holding a license issued by the department under this article.

(4) “ Licensee ” means any person holding a license issued by the department under this article.

(5) “ Narcotic treatment program ” means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration.

(5) “ Narcotic treatment program ” means any system of treatment provided for chronic heroin or opiate-like drug-dependent individuals that administers narcotic drugs under physicians' orders either for detoxification purposes or for maintenance treatment in a rehabilitative context offered by any county board of health, partnership, corporation, association, or person or groups of persons engaged in such administration.

(6) “ Patient ” means any individual who undergoes treatment in a narcotic treatment program.

(6) “ Patient ” means any individual who undergoes treatment in a narcotic treatment program.
O.C.G.A. § 26-2-4 — GA Code / Title 26 / Chapter 2 / Section 26-2-4
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-4
Status: in_force

(a) As used in this Code section, the term “ spring water ” means water which is: (1) derived from an underground formation from which water flows naturally to the surface of the earth; (2) not derived from a municipal system or public water supply; and (3) collected only at the spring or through a bore hole into the same underground water-bearing zone; provided, however, that water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same chemical composition and quality as the water that flows naturally to the surface.

(a) As used in this Code section, the term “ spring water ” means water which is: (1) derived from an underground formation from which water flows naturally to the surface of the earth; (2) not derived from a municipal system or public water supply; and (3) collected only at the spring or through a bore hole into the same underground water-bearing zone; provided, however, that water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same chemical composition and quality as the water that flows naturally to the surface.

(b) Any water which meets the definition of “spring water” as specified in subsection (a) of this Code section may lawfully be labeled, sold, advertised, and otherwise represented as “spring water” or “natural spring water,” notwithstanding any other contrary provision of any law or regulation of this state. No law or regulation of this state shall: (1) require or be construed to require any disclaimer in connection with such labeling, sale, advertisement, or representation; or (2) require or be construed to require such water to be additionally identified as any other type of water.

(b) Any water which meets the definition of “spring water” as specified in subsection (a) of this Code section may lawfully be labeled, sold, advertised, and otherwise represented as “spring water” or “natural spring water,” notwithstanding any other contrary provision of any law or regulation of this state. No law or regulation of this state shall: (1) require or be construed to require any disclaimer in connection with such labeling, sale, advertisement, or representation; or (2) require or be construed to require such water to be additionally identified as any other type of water.
O.C.G.A. § 26-4-2 — GA Code / Title 26 / Chapter 4 / Section 26-4-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-2
Status: in_force

The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy in this state as a learned profession, as defined in this chapter, should merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy to ensure the quality of drugs and related devices distributed in this state. This chapter shall be liberally construed to carry out these objectives and purposes.
O.C.G.A. § 26-2-271 — GA Code / Title 26 / Chapter 2 / Section 26-2-271
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-271
Status: in_force

(a) Inspectors or sanitarians of the Department of Agriculture, upon determining that this article or the rules and regulations promulgated for its enforcement are being violated, may put “Withhold From Sale Orders” on all eggs being sold or offered for sale in violation of this article or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action.

(a) Inspectors or sanitarians of the Department of Agriculture, upon determining that this article or the rules and regulations promulgated for its enforcement are being violated, may put “Withhold From Sale Orders” on all eggs being sold or offered for sale in violation of this article or the regulations thereof and shall report the circumstances to the Commissioner of Agriculture for his action.

(b) Eggs upon which “Withhold From Sale Orders” have been issued shall not be sold or otherwise disposed of until such “Withhold From Sale Orders” have been canceled by the Commissioner or his duly authorized agents. The cost of the inspection and release shall be paid by the offender.

(b) Eggs upon which “Withhold From Sale Orders” have been issued shall not be sold or otherwise disposed of until such “Withhold From Sale Orders” have been canceled by the Commissioner or his duly authorized agents. The cost of the inspection and release shall be paid by the offender.
O.C.G.A. § 26-2-150 — GA Code / Title 26 / Chapter 2 / Section 26-2-150
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-150
Status: in_force

The General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code section and Code Sections 26-2-151 through 26-2-154 to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption and to authorize the Commissioner of Agriculture to take all actions necessary to ensure that such practices are followed. The General Assembly views with alarm the fact that misleading and false advertising and sales tactics have been used in the sale of meat to Georgia consumers. It is to stop these practices that the General Assembly has enacted this Code section and Code Sections 26-2-151 through 26-2-154 . The consumer has a right to know what he is buying and the true cost of the meat which he is purchasing for consumption.
O.C.G.A. § 26-4-44-2 — GA Code / Title 26 / Chapter 4 / Section 26-4-44-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-44.2
Status: in_force

(a) As used in this Code section, the term “ service member ” means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer.

(a) As used in this Code section, the term “ service member ” means an active duty member of the regular or reserve component of the United States Armed forces, the United States Coast Guard, the Georgia National Guard, or the Georgia Air National Guard who was on ordered federal duty for a period of 90 days or longer.

(b) Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.

(b) Any service member whose license issued pursuant to this article expired while such service member was serving on active duty outside the state shall be permitted to practice pharmacy in accordance with such expired license and shall not be charged with a violation of this chapter related to practicing pharmacy with an expired license for a period of six months from the date of his or her discharge from active duty or reassignment to a location within the state. Any such service member shall be entitled to renew such expired license without penalty within six months after the date of his or her discharge from active duty or reassignment to a location within the state. The service member must present to the board either a copy of the official military orders or a written verification signed by the service member's commanding officer to waive any charges.
O.C.G.A. § 26-5-1 — GA Code / Title 26 / Chapter 5 / Section 26-5-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-1
Status: in_force

This article shall be known and may be cited as the “Drug Abuse Treatment and Education Act.”
O.C.G.A. § 26-2-434 — GA Code / Title 26 / Chapter 2 / Section 26-2-434
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-434
Status: in_force

(a) In any action exempted under paragraph (1) of Code Section 26-2-433 , the complaint initiating such action shall state with particularity the following: (1) The statute, regulation, or other law of this state or of the United States that was allegedly violated; (2) The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and (3) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.

(a) In any action exempted under paragraph (1) of Code Section 26-2-433 , the complaint initiating such action shall state with particularity the following:

(1) The statute, regulation, or other law of this state or of the United States that was allegedly violated;

(1) The statute, regulation, or other law of this state or of the United States that was allegedly violated;

(2) The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and

(2) The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and

(3) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.

(3) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.

(b) In any action exempted under paragraph (2) of Code Section 26-2-433 , in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers.

(b) In any action exempted under paragraph (2) of Code Section 26-2-433 , in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers.

(c) For purposes of applying this article, the requirements of this Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.

(c) For purposes of applying this article, the requirements of this Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.
O.C.G.A. § 26-2-241 — GA Code / Title 26 / Chapter 2 / Section 26-2-241
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-241
Status: in_force

In determining the value of milk, cream, or other dairy products by the use of the Babcock test, it shall be unlawful to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the percent of butterfat by securing from any quantity of milk, cream, or other dairy products to be tested an inaccurate sample for the test. None other than the Babcock method, or such method of testing as may be approved by the Commissioner, may be employed when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. None other than the torsion balanced scales, or such scales as may be approved by the Commissioner, may be used when weighing cream for testing, when the tests are to be used as a basis for making payment for cream. It shall be unlawful to use adjustable scale weights in determining the weight of cream used in the Babcock test. Only such centrifuge shall be used as shall meet the approval of the Commissioner. Specifications for apparatus and chemicals and directions for testing milk and cream must conform to Standard Methods for the Examination of Dairy Products, with such additions as shall be deemed advisable by the Commissioner to make them conform to this article. All test tubes, bottles, pipettes, burettes, or instruments used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test must be United States government standard and shall be approved by the Commissioner. All milk and cream tests shall be maintained at a temperature of 135 to 140 degrees Fahrenheit for at least three minutes before the reading of the percent of butterfat shall be made and recorded. In reading cream tests, glymol or its equivalent must be used, and the samples under test must be held for three minutes in a water bath extending up as high on the graduated neck as the sample itself does.
O.C.G.A. § 26-2-100-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-100-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-100.1
Status: in_force

All examinations and inspections of nontraditional livestock carcasses and parts thereof, of nontraditional livestock meats and meat food products thereof, of sanitary conditions of all establishments in which nontraditional livestock meat and meat food products are prepared, and any other examination or inspection of nontraditional livestock and products thereof under or pursuant to this article shall be conducted by and through a voluntary inspection program with all costs thereof paid by the establishment slaughtering the nontraditional livestock or preparing such meat or meat food product, at rates established by the Commissioner.
O.C.G.A. § 26-4-25 — GA Code / Title 26 / Chapter 4 / Section 26-4-25
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-25
Status: in_force

Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier within this state. Each board member shall also be reimbursed for any conference or meeting registration fee incurred in the performance of his or her duties as a board member. For each day's service outside of this state as a board member, such member shall receive actual expenses as an expense allowance as well as the mileage allowance for the use of a personal car equal to that received by other state officials and employees or a travel allowance of actual transportation costs if traveling by public carrier or by rental motor vehicle. Expense vouchers submitted by board members shall be subject to approval of the president and executive director. Out-of-state travel by board members shall be approved by the board president and the executive director.
O.C.G.A. § 26-5-55 — GA Code / Title 26 / Chapter 5 / Section 26-5-55
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-55
Status: in_force

The promulgation of reasonable and necessary rules and regulations, the conduct of administrative hearings, and judicial review of the department's actions shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-2-376 — GA Code / Title 26 / Chapter 2 / Section 26-2-376
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-376
Status: in_force

Any person aggrieved by any final order or determination of any county board of health denying, suspending, or revoking any permit authorized in this article may secure review thereof by the Department of Public Health by appeal in the manner prescribed in Article 1 of Chapter 5 of Title 31. Any person aggrieved by any final order or determination made by the Department of Public Health, whether originally or on appeal, may secure review thereof by appeal to the superior court in the manner prescribed in Article 1 of Chapter 5 of Title 31.
O.C.G.A. § 26-5-46 — GA Code / Title 26 / Chapter 5 / Section 26-5-46
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-46
Status: in_force

(a) The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs.

(a) The department shall establish an annual or biannual open enrollment period to accept applications for narcotic treatment programs.

(b) The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall be no less than 14 days prior to the start of the open enrollment period. It shall be mandatory for a representative of a prospective applicant for such open enrollment period to attend the information forum. Failure to attend and comply with such record of attendance requirements shall disqualify any applicant from consideration during open enrollment.

(b) The department shall establish an information forum for potential applicants prior to the beginning of the open enrollment period that shall be no less than 14 days prior to the start of the open enrollment period. It shall be mandatory for a representative of a prospective applicant for such open enrollment period to attend the information forum. Failure to attend and comply with such record of attendance requirements shall disqualify any applicant from consideration during open enrollment.

(c) It shall be mandatory for an applicant to submit a letter of intent stating such applicant's intention to apply for a narcotic treatment program license. Such letter of intent shall include the intended address and region location. The letter shall be delivered to the department at least seven days prior to the beginning of the open enrollment period.

(c) It shall be mandatory for an applicant to submit a letter of intent stating such applicant's intention to apply for a narcotic treatment program license. Such letter of intent shall include the intended address and region location. The letter shall be delivered to the department at least seven days prior to the beginning of the open enrollment period.

(d) The first open enrollment period shall be held December 1, 2017, through December 31, 2017, and the department shall not accept any applications for licensure until December 1, 2017.

(d) The first open enrollment period shall be held December 1, 2017, through December 31, 2017, and the department shall not accept any applications for licensure until December 1, 2017.

(e) After the first open enrollment period, the department shall administratively determine the annual or biannual open enrollment period no later than December 1 of the preceding calendar year.

(e) After the first open enrollment period, the department shall administratively determine the annual or biannual open enrollment period no later than December 1 of the preceding calendar year.
O.C.G.A. § 26-3-24 — GA Code / Title 26 / Chapter 3 / Section 26-3-24
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-24
Status: in_force

Any person who violates this chapter shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-264 — GA Code / Title 26 / Chapter 2 / Section 26-2-264
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-264
Status: in_force

It shall be unlawful for any wholesaler, commission merchant, broker, retailer, or dealer of eggs, either by himself or by his agent, to offer for sale in this state any eggs if this article has not been complied with, provided that nothing in this Code section shall be construed to repeal the exemption given the producer in the sale of commodities of his own production from taxation and licensing by existing laws.
O.C.G.A. § 26-2-432 — GA Code / Title 26 / Chapter 2 / Section 26-2-432
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-432
Status: in_force

Except as provided in Code Section 26-2-433 , a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act, 21 U.S.C. Section 321(f) , or an association of one or more such entities, shall not be subject to civil liability arising under any law of this state for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
O.C.G.A. § 26-3-14 — GA Code / Title 26 / Chapter 3 / Section 26-3-14
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-14
Status: in_force

If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account, among other things not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
O.C.G.A. § 26-2-265 — GA Code / Title 26 / Chapter 2 / Section 26-2-265
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-265
Status: in_force

All dealers, wholesale or retail, shall be required to furnish to the Department of Agriculture upon request a copy of the invoice of each sale of eggs, the copy of invoice to show the person or firm to whom the sale was made, the address of such person or firm, and the kind and quantity involved in such sale, provided that nothing contained in this Code section shall be construed to require the filing of a copy of the invoice of a sale to a consumer.
O.C.G.A. § 26-2-250 — GA Code / Title 26 / Chapter 2 / Section 26-2-250
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-250
Status: in_force

Any person who violates this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-4-214 — GA Code / Title 26 / Chapter 4 / Section 26-4-214
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-214
Status: in_force

(a) The State Board of Pharmacy shall establish rules and regulations governing a hospital pharmacist acting pursuant to Code Section 26-4-213 in the provision of drug therapy management in institutions in consultation or collaboration with physicians. Such rules may include the utilization of a hospital pharmacist's skills regarding dangerous drugs to promote medication safety. Such rules shall include the ordering of clinical laboratory tests in the institutional setting and the interpretation of results related to medication use when approved by a physician member of the institution's medical staff for the care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy.

(a) The State Board of Pharmacy shall establish rules and regulations governing a hospital pharmacist acting pursuant to Code Section 26-4-213 in the provision of drug therapy management in institutions in consultation or collaboration with physicians. Such rules may include the utilization of a hospital pharmacist's skills regarding dangerous drugs to promote medication safety. Such rules shall include the ordering of clinical laboratory tests in the institutional setting and the interpretation of results related to medication use when approved by a physician member of the institution's medical staff for the care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy.

(b) The Georgia Composite Medical Board shall establish rules and regulations governing a physician acting pursuant to this article.

(b) The Georgia Composite Medical Board shall establish rules and regulations governing a physician acting pursuant to this article.
O.C.G.A. § 26-2-463 — GA Code / Title 26 / Chapter 2 / Section 26-2-463
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-463
Status: in_force

(a) Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he or she may require.

(a) Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he or she may require.

(b) All persons operating under this article shall keep complete and accurate records of their operations, and the Commissioner shall have free access to all such records.

(b) All persons operating under this article shall keep complete and accurate records of their operations, and the Commissioner shall have free access to all such records.
O.C.G.A. § 26-4-141 — GA Code / Title 26 / Chapter 4 / Section 26-4-141
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-141
Status: in_force

The General Assembly finds that certain practices are unfair to providers of pharmaceuticals, are burdensome and costly to those providers, result in unfair increased costs to certain consumers, and threaten the availability of pharmaceuticals to the public. The General Assembly further finds that there is a need for regulation of certain practices engaged in by some third-party prescription program administrators.
O.C.G.A. § 26-4-115-1 — GA Code / Title 26 / Chapter 4 / Section 26-4-115-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-115.1
Status: in_force

Every wholesale distributor registered as provided in Chapter 13 of Title 16 or subsection (a) of Code Section 26-4-115 , except those which are exclusively reverse drug distributors, shall provide to the Department of Community Health such information, with regard to the controlled substances and dangerous drugs which are distributed by that wholesale distributor, as is determined by that department to be necessary or useful in the department's efficient administration of the state plan for medical assistance, as defined in Code Section 49-4-141 , and in the department's determination of possible violations of Chapter 13 of Title 16, which information shall include but not be limited to price and quantity information.
O.C.G.A. § 26-2-213-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-213-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-213.1
Status: in_force

The requirements of this article shall apply to persons, firms, corporations, establishments, animals, and articles regulated under the Federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., or the Federal Poultry Products Inspection Act, 21 U.S.C. Section 451, et seq., only to the extent provided for in said federal acts. Consistent with said federal acts, the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without regard to licensing agency.
O.C.G.A. § 26-5-13 — GA Code / Title 26 / Chapter 5 / Section 26-5-13
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-13
Status: in_force

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made.
O.C.G.A. § 26-2-84 — GA Code / Title 26 / Chapter 2 / Section 26-2-84
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-84
Status: in_force

Whenever any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any product exempted from the definition of a meat food product, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine is found by any authorized representative of the Commissioner upon any premises where it is held for purposes of, or during or after, distribution and there is reason to believe that any such article is adulterated or misbranded and is capable of use as human food, or that it has not been inspected, in violation of Part 3 of this article or Title I of the Federal Meat Inspection Act 1 or the Federal Food, Drug, and Cosmetic Act, 2 or that such article or animal has been or is intended to be distributed in violation of any such provisions, it may be detained by such representative for a period not to exceed 20 days, pending action under Code Section 26-2-86 or notification of any federal authorities having jurisdiction over such article or animal; and it shall not be moved by any person, firm, or corporation from the place at which it is located when so detained, until released by such representative. All official marks may be required by such representative to be removed from such article or animal before it is released unless it appears to the satisfaction of the Commissioner that the article or animal is eligible to retain such marks.

1 21 U.S.C.A. § 601 et seq.

2 21 U.S.C.A. § 301 et seq.
O.C.G.A. § 26-2-269 — GA Code / Title 26 / Chapter 2 / Section 26-2-269
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-269
Status: in_force

All eggs offered for sale at retail shall be properly classified in accordance with the following specifications:

(1) A heavy cardboard or placard, not less than eight by eleven inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight;

(1) A heavy cardboard or placard, not less than eight by eleven inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered for sale, setting forth in letters not less than one inch in height, plainly and legibly, the classification as to quality and weight;

(2) The name of the state of origin of eggs may appear on the placard;

(2) The name of the state of origin of eggs may appear on the placard;

(3) The placard shall not be required when eggs are packed in properly labeled cartons. The eggs therein shall be required to come up to the standard as placarded; and

(3) The placard shall not be required when eggs are packed in properly labeled cartons. The eggs therein shall be required to come up to the standard as placarded; and

(4) Restaurants, hotels, or other eating places shall be required to display a placard where it can be easily seen by customers or, in lieu thereof, to place this information on the menu.

(4) Restaurants, hotels, or other eating places shall be required to display a placard where it can be easily seen by customers or, in lieu thereof, to place this information on the menu.
O.C.G.A. § 26-2-273 — GA Code / Title 26 / Chapter 2 / Section 26-2-273
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-273
Status: in_force

(a) All shell egg producers shall refrigerate eggs upon gathering such eggs. Eggs shall be graded and packed within a reasonable period of time from gathering.

(a) All shell egg producers shall refrigerate eggs upon gathering such eggs. Eggs shall be graded and packed within a reasonable period of time from gathering.

(b) After washing, processing, and packaging, eggs shall be transported, stored, and displayed at an ambient temperature not to exceed 45 degrees Fahrenheit until sold at retail or used by any commercial establishment or public institution.

(b) After washing, processing, and packaging, eggs shall be transported, stored, and displayed at an ambient temperature not to exceed 45 degrees Fahrenheit until sold at retail or used by any commercial establishment or public institution.
O.C.G.A. § 26-4-205 — GA Code / Title 26 / Chapter 4 / Section 26-4-205
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-205
Status: in_force

<Effective upon appropriation of funds for purposes of Laws 2007, Act 245, § 2 .>

(a) Notwithstanding Code Section 26-4-115 , any person who engages without knowledge in the wholesale distribution of prescription drugs, including providing a falsified pedigree or other records, in violation of this article may be fined not more than $10,000.00.

(a) Notwithstanding Code Section 26-4-115 , any person who engages without knowledge in the wholesale distribution of prescription drugs, including providing a falsified pedigree or other records, in violation of this article may be fined not more than $10,000.00.

(b) If a person engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, and acts in a grossly negligent manner in violation of this article, the person may be punished by imprisonment for not more than 15 years, fined not more than $50,000.00, or both.

(b) If a person engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, and acts in a grossly negligent manner in violation of this article, the person may be punished by imprisonment for not more than 15 years, fined not more than $50,000.00, or both.

(c) Notwithstanding Code Section 26-4-115 , any person who knowingly engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than 25 years, by fine not to exceed $500,000.00, or both.

(c) Notwithstanding Code Section 26-4-115 , any person who knowingly engages in wholesale distribution of prescription drugs in violation of this article, including providing a falsified pedigree or other records, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than 25 years, by fine not to exceed $500,000.00, or both.
O.C.G.A. § 26-2-240 — GA Code / Title 26 / Chapter 2 / Section 26-2-240
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-240
Status: in_force

(a) Ice cream shall be deemed to be adulterated: (1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes; (2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with, or compounded with it; provided, however, that chocolate ice cream and the chocolate coating of coated ice cream may contain cocoa butter; or (3) If it is made, in whole or in part, from any milk product which is unfit for consumption as food.

(a) Ice cream shall be deemed to be adulterated:

(1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes;

(1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for fraudulent purposes;

(2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with, or compounded with it; provided, however, that chocolate ice cream and the chocolate coating of coated ice cream may contain cocoa butter; or

(2) If it contains any fats other than milk fat or any oils or paraffin added to, blended with, or compounded with it; provided, however, that chocolate ice cream and the chocolate coating of coated ice cream may contain cocoa butter; or

(3) If it is made, in whole or in part, from any milk product which is unfit for consumption as food.

(3) If it is made, in whole or in part, from any milk product which is unfit for consumption as food.

(b) It shall be unlawful for any person to manufacture, sell, offer or expose for sale, or have in possession with intent to sell or offer or expose for sale under the name of “ice cream” any product or substance deemed adulterated under subsection (a) of this Code section.

(b) It shall be unlawful for any person to manufacture, sell, offer or expose for sale, or have in possession with intent to sell or offer or expose for sale under the name of “ice cream” any product or substance deemed adulterated under subsection (a) of this Code section.
O.C.G.A. § 26-2-412 — GA Code / Title 26 / Chapter 2 / Section 26-2-412
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-412
Status: in_force

The Commissioner is authorized to promulgate and adopt such rules and regulations as are necessary to effectuate the purpose of this article.
O.C.G.A. § 26-4-84 — GA Code / Title 26 / Chapter 4 / Section 26-4-84
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-84
Status: in_force

(a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to review patient records and prescription drug orders.

(a) The board of pharmacy may refuse to renew or may suspend, revoke, or restrict the licenses of or fine any person or pharmacy pursuant to the procedures set forth in this Code section upon the failure to review patient records and prescription drug orders.

(b) A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying: (1) Overutilization or underutilization; (2) Therapeutic duplications; (3) Drug-disease contraindications; (4) Drug-drug interactions; (5) Incorrect drug dosage, dosage form, or duration of drug therapy; (6) Drug-allergy interactions; and (7) Clinical abuse or misuse.

(b) A pharmacist shall review the patient record and each prescription drug order presented for dispensing for the purposes of promoting therapeutic appropriateness by identifying:

(1) Overutilization or underutilization;

(1) Overutilization or underutilization;

(2) Therapeutic duplications;

(2) Therapeutic duplications;

(3) Drug-disease contraindications;

(3) Drug-disease contraindications;

(4) Drug-drug interactions;

(4) Drug-drug interactions;

(5) Incorrect drug dosage, dosage form, or duration of drug therapy;

(5) Incorrect drug dosage, dosage form, or duration of drug therapy;

(6) Drug-allergy interactions; and

(6) Drug-allergy interactions; and

(7) Clinical abuse or misuse.

(7) Clinical abuse or misuse.

(c) Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include consultation with the prescribing practitioner.

(c) Upon recognizing any of the above situations, the pharmacist shall take appropriate steps to avoid or resolve the situation or problem which shall, if necessary, include consultation with the prescribing practitioner.
O.C.G.A. § 26-2-182 — GA Code / Title 26 / Chapter 2 / Section 26-2-182
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-182
Status: in_force

(a) The Commissioner or his duly authorized representative is authorized to inspect and quarantine or detain upon the premises where found any animals, poultry, or animal and poultry products suspected of bearing or containing a residue of any pesticide, insecticide, herbicide, drug, or any substance that would cause the resultant meat or product to be deemed contaminated.

(a) The Commissioner or his duly authorized representative is authorized to inspect and quarantine or detain upon the premises where found any animals, poultry, or animal and poultry products suspected of bearing or containing a residue of any pesticide, insecticide, herbicide, drug, or any substance that would cause the resultant meat or product to be deemed contaminated.

(b) Notice of the quarantine or detention shall be given to the owners or keepers of said animals, poultry, or products and to the owners or operators of the premises where the suspected contaminated matter is found.

(b) Notice of the quarantine or detention shall be given to the owners or keepers of said animals, poultry, or products and to the owners or operators of the premises where the suspected contaminated matter is found.
O.C.G.A. § 26-2-460 — GA Code / Title 26 / Chapter 2 / Section 26-2-460
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-460
Status: in_force

(a) All raw milk for human consumption within the State of Georgia shall be from healthy animals. Raw milk from unhealthy animals shall not be offered for sale, be given away, or combined with other milk.

(a) All raw milk for human consumption within the State of Georgia shall be from healthy animals. Raw milk from unhealthy animals shall not be offered for sale, be given away, or combined with other milk.

(b) All animals producing raw milk for human consumption shall be tested for brucellosis and tuberculosis every 12 months. Animals showing positive by lesions or a positive test shall be reported to the department, and: (1) Shall be separated, and kept separate, from the remainder of the herd; (2) A certificate, identifying each animal, signed by a licensed veterinarian and the director of the laboratory making the test, shall be filed with the department; (3) Shall be retested by a licensed veterinarian at a frequency specified by the United States Department of Agriculture (USDA), and test results shall be filed with the department; and (4) Disposition of diseased animals shall be conducted in accordance with guidelines published by the USDA and shall be reported to the department.

(b) All animals producing raw milk for human consumption shall be tested for brucellosis and tuberculosis every 12 months. Animals showing positive by lesions or a positive test shall be reported to the department, and:

(1) Shall be separated, and kept separate, from the remainder of the herd;

(1) Shall be separated, and kept separate, from the remainder of the herd;

(2) A certificate, identifying each animal, signed by a licensed veterinarian and the director of the laboratory making the test, shall be filed with the department;

(2) A certificate, identifying each animal, signed by a licensed veterinarian and the director of the laboratory making the test, shall be filed with the department;

(3) Shall be retested by a licensed veterinarian at a frequency specified by the United States Department of Agriculture (USDA), and test results shall be filed with the department; and

(3) Shall be retested by a licensed veterinarian at a frequency specified by the United States Department of Agriculture (USDA), and test results shall be filed with the department; and

(4) Disposition of diseased animals shall be conducted in accordance with guidelines published by the USDA and shall be reported to the department.

(4) Disposition of diseased animals shall be conducted in accordance with guidelines published by the USDA and shall be reported to the department.

(c) For diseases other than brucellosis and tuberculosis, the department shall require such physical, chemical, or bacteriological tests as it deems necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed veterinarian. Any diseased animal disclosed by such test shall be disposed of as the department directs.

(c) For diseases other than brucellosis and tuberculosis, the department shall require such physical, chemical, or bacteriological tests as it deems necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed veterinarian. Any diseased animal disclosed by such test shall be disposed of as the department directs.

(d) Animals shipped into Georgia for the purpose of milking shall be tested for tuberculosis and brucellosis within 30 days prior to being brought into the state. Brucellosis testing shall not be required for any cattle that have been vaccinated for brucellosis and are under 30 months of age.

(d) Animals shipped into Georgia for the purpose of milking shall be tested for tuberculosis and brucellosis within 30 days prior to being brought into the state. Brucellosis testing shall not be required for any cattle that have been vaccinated for brucellosis and are under 30 months of age.

(e) Records supporting the tests required in this Code section shall be available to the department and be validated with the signature of a licensed veterinarian.

(e) Records supporting the tests required in this Code section shall be available to the department and be validated with the signature of a licensed veterinarian.
O.C.G.A. § 26-2-131 — GA Code / Title 26 / Chapter 2 / Section 26-2-131
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-131
Status: in_force

No person, firm, or corporation shall engage in business as a meat broker, renderer, or animal food manufacturer or engage in business as a wholesaler of any carcasses, or parts or products of the carcasses, of any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, whether intended for human food or other purposes, or engage in business as a public warehouseman storing any such articles, or engage in the business of buying, selling, or transporting in commerce any dead, dying, disabled, or diseased animals of the specified kinds, or parts of such carcasses of any such animals unless, when required by regulations of the Commissioner, he or she has registered with the Commissioner his or her name and the address of each place of business at which, and all trade names under which, he or she conducts such business.
O.C.G.A. § 26-5-40 — GA Code / Title 26 / Chapter 5 / Section 26-5-40
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-40
Status: in_force

This article shall be known and may be cited as the “Narcotic Treatment Programs Enforcement Act.”
O.C.G.A. § 26-4-160 — GA Code / Title 26 / Chapter 4 / Section 26-4-160
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-160
Status: in_force

No person shall furnish by retail sale any poison enumerated in this Code section without distinctly labeling the bottle, box, vessel, or paper in which the poison is contained, and also the outside wrapper or cover thereof, with the name of the article, the word “Poison,” and the name and place of business of the person who furnishes the same; and no poison shall be furnished unless upon due inquiry it shall be found that the person to whom it is delivered is aware of its poisonous character and shall represent that it is to be used for a legitimate purpose:

(1) Schedule “A.” Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; and

(1) Schedule “A.” Arsenic and its preparations, corrosive sublimate, white precipitate, red precipitate, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable alkaloids and their salts; essential oil of bitter almonds, opium and its preparations, except paregoric and other preparations of opium containing less than two grains to the ounce; and

(2) Schedule “B.” Aconite, belladonna, colchicum, conium, nux vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid.

(2) Schedule “B.” Aconite, belladonna, colchicum, conium, nux vomica, henbane, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, chloral hydrate, sulfate of zinc, mineral acids, carbolic acid, and oxalic acid.
O.C.G.A. § 26-4-162 — GA Code / Title 26 / Chapter 4 / Section 26-4-162
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-162
Status: in_force

This article shall not apply to the dispensing of poisons in not unusual quantities or doses, upon the prescriptions of practitioners of the healing arts.
O.C.G.A. § 26-2-373-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-373-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-373.1
Status: in_force

(a) A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food.

(a) A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food.

(b) Notwithstanding the provisions of Code Section 26-2-377 , any person who violates subsection (a) of this Code section shall be subject to a civil penalty as follows: (1) For a first offense, neither fine nor punishment, but only a warning; and (2) For a second or subsequent offense, a civil penalty not to exceed $ 50.00.

(b) Notwithstanding the provisions of Code Section 26-2-377 , any person who violates subsection (a) of this Code section shall be subject to a civil penalty as follows:

(1) For a first offense, neither fine nor punishment, but only a warning; and

(1) For a first offense, neither fine nor punishment, but only a warning; and

(2) For a second or subsequent offense, a civil penalty not to exceed $ 50.00.

(2) For a second or subsequent offense, a civil penalty not to exceed $ 50.00.

(c) The county board of health or its representative which issues food service establishment permits under this article shall be authorized to impose the penalties authorized under subsection (b) of this Code section and shall provide the permit holder with notice of any violation of subsection (a) of this Code section.

(c) The county board of health or its representative which issues food service establishment permits under this article shall be authorized to impose the penalties authorized under subsection (b) of this Code section and shall provide the permit holder with notice of any violation of subsection (a) of this Code section.

(d) Hair nets shall not be required of food preparers when the preparer is a volunteer without payment for his or her services and the food is being prepared for a religious, educational, charitable, or nonprofit corporation.

(d) Hair nets shall not be required of food preparers when the preparer is a volunteer without payment for his or her services and the food is being prepared for a religious, educational, charitable, or nonprofit corporation.
O.C.G.A. § 26-2-201 — GA Code / Title 26 / Chapter 2 / Section 26-2-201
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-201
Status: in_force

(a) The Commissioner shall have supervision and control over the sanitary conditions of all dairies and meat, poultry, or dairy processing plants in this state.

(a) The Commissioner shall have supervision and control over the sanitary conditions of all dairies and meat, poultry, or dairy processing plants in this state.

(b) The Commissioner shall maintain an adequate system of inspection and shall employ or designate qualified personnel to assist in the administration of this article. He shall fix the compensation of all personnel employed by him.

(b) The Commissioner shall maintain an adequate system of inspection and shall employ or designate qualified personnel to assist in the administration of this article. He shall fix the compensation of all personnel employed by him.

(c) The Commissioner is also vested with the authority to designate licensed veterinarians and city or county health authorities as inspectors as he deems advisable.

(c) The Commissioner is also vested with the authority to designate licensed veterinarians and city or county health authorities as inspectors as he deems advisable.
O.C.G.A. § 26-5-22 — GA Code / Title 26 / Chapter 5 / Section 26-5-22
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-22
Status: in_force

The authorized department shall conduct an annual on-site inspection of each narcotic treatment program licensed in this state. Such inspection shall include, but shall not be limited to, the premises, staff, persons in care, and documents pertinent to the continued licensing of such narcotic treatment program so that the department may determine whether a provider is operating in compliance with licensing requirements.
O.C.G.A. § 26-3-6 — GA Code / Title 26 / Chapter 3 / Section 26-3-6
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-6
Status: in_force

Nothing in this chapter shall be construed as requiring the State Board of Pharmacy to report minor violations of this chapter for the institution of proceedings under this chapter, whenever the State Board of Pharmacy believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
O.C.G.A. § 26-2-234 — GA Code / Title 26 / Chapter 2 / Section 26-2-234
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-234
Status: in_force

Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be renewable upon submission of all required application forms. The Commissioner may deny, refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or failure to comply with this article or the rules and regulations promulgated hereunder; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-2-60 — GA Code / Title 26 / Chapter 2 / Section 26-2-60
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-60
Status: in_force

This article may be cited as the “Georgia Meat Inspection Act.”
O.C.G.A. § 26-2-82 — GA Code / Title 26 / Chapter 2 / Section 26-2-82
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-82
Status: in_force

The Commissioner, in order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any person has violated this article or any regulations or orders promulgated under this article. The hearing and any administrative review thereof shall be conducted in accordance with the procedure for contested cases under Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commissioner shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” All penalties recovered as provided for in this article shall be paid into the state treasury. The Commissioner may file in the superior court of the county where the person under order resides or, if said person is a corporation, in the county wherein the corporation maintains its principal place of business or in the county wherein the violation occurred a certified copy of a final order of the Commissioner unappealed from, or of a final order of the Commissioner affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though said judgment has been rendered in an action duly heard and determined by said court. The penalty prescribed in this Code section shall be concurrent, alternative, and cumulative with any and all other civil, criminal, or alternative rights, remedies, forfeitures, or penalties provided, allowed, or available to the Commissioner with respect to any violation of this article and any orders, rules, or regulations promulgated pursuant thereto.
O.C.G.A. § 26-2-314 — GA Code / Title 26 / Chapter 2 / Section 26-2-314
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-314
Status: in_force

The license of any wholesale fish dealer is subject to revocation by the Commissioner of Agriculture for violation of any law, rule, or regulation pertaining to the sale or distribution of seafoods or fish.
O.C.G.A. § 26-2-159 — GA Code / Title 26 / Chapter 2 / Section 26-2-159
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-159
Status: in_force

The Department of Agriculture is authorized to promulgate proper regulations for the carrying out of Code Sections 26-2-157 and 26-2-158 , this Code section, and Code Sections 26-2-160 and 26-2-161 and to assist prosecuting attorneys in the enforcement thereof.
O.C.G.A. § 26-2-356 — GA Code / Title 26 / Chapter 2 / Section 26-2-356
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-356
Status: in_force

Any dairy or milk processing or distributing plant licensed under other laws of this state shall not be required to obtain the license provided for in this article but shall be subject to all other provisions of this article.
O.C.G.A. § 26-2-315 — GA Code / Title 26 / Chapter 2 / Section 26-2-315
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-315
Status: in_force

The Commissioner of Agriculture is authorized to regulate and prescribe rules and regulations with respect to the proper method of sanitation, distribution, and transportation of all fish and seafoods in this state and, as well, all fish and seafood transported from all other states. To this end the Commissioner may require that all fish and seafoods transported into and in and through this state shall be in refrigerated cars or by refrigerated trucks with insulated bodies or in containers disconnected from the body of the truck or by express or in boxes or other containers adequately iced. When fish and seafoods are transported from this state by truck, they shall be equipped with enclosed insulated bodies or containers disconnected from the body of the truck with proper refrigeration to carry the fish and seafood in good condition with 50 percent weight of ice to weight of fish or seafoods.
O.C.G.A. § 26-2-441 — GA Code / Title 26 / Chapter 2 / Section 26-2-441
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-441
Status: in_force

(a) The department, acting by and through its Commissioner, is designated as the state agency responsible for cooperating with the administration under the provisions of the federal act.

(a) The department, acting by and through its Commissioner, is designated as the state agency responsible for cooperating with the administration under the provisions of the federal act.

(b) In furtherance of its responsibilities under subsection (a) of this Code section, the department may: (1) Conduct inspections and take other regulatory actions as necessary to assist the administration in enforcement of the federal act; and (2) Enter into cooperative agreements with the administration to carry out the provisions of the federal act.

(b) In furtherance of its responsibilities under subsection (a) of this Code section, the department may:

(1) Conduct inspections and take other regulatory actions as necessary to assist the administration in enforcement of the federal act; and

(1) Conduct inspections and take other regulatory actions as necessary to assist the administration in enforcement of the federal act; and

(2) Enter into cooperative agreements with the administration to carry out the provisions of the federal act.

(2) Enter into cooperative agreements with the administration to carry out the provisions of the federal act.
O.C.G.A. § 26-4-212 — GA Code / Title 26 / Chapter 4 / Section 26-4-212
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-212
Status: in_force

As used in this article, the term:

(1) “ Collaborate ” means to work jointly with others as approved by an order from a physician member of the institution's medical staff for care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy.

(1) “ Collaborate ” means to work jointly with others as approved by an order from a physician member of the institution's medical staff for care and treatment of the ordering physician's patients or pursuant to a protocol established in accordance with medical staff policy.

(2) “ Hospital pharmacist ” means a pharmacist that is employed by, or under contract with, an institution and practicing in an institutional setting.

(2) “ Hospital pharmacist ” means a pharmacist that is employed by, or under contract with, an institution and practicing in an institutional setting.

(3) “ Institution ” means any licensed hospital, nursing home, assisted living community, personal care home, or hospice.

(3) “ Institution ” means any licensed hospital, nursing home, assisted living community, personal care home, or hospice.
O.C.G.A. § 26-2-313 — GA Code / Title 26 / Chapter 2 / Section 26-2-313
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-313
Status: in_force

(a) Each and every person desiring to engage in the business of wholesale fish dealer in this state shall annually on or before January 1 in every year make application to the Commissioner of Agriculture for a license in which such applicant shall state his name, his post office address, the nature of business in which he desires to engage, and the place at which he proposes to conduct his business. Such applicant shall also furnish to the Commissioner such other and additional information as the Commissioner may require. When such information is furnished, the Commissioner shall advise the applicant the amount of the license tax required of such applicant, and when said annual license tax is paid, the Commissioner shall issue to such applicant a license which shall particularly state the nature of the business which the applicant thereunder is authorized to conduct in this state and the place or places from which it may be conducted.

(a) Each and every person desiring to engage in the business of wholesale fish dealer in this state shall annually on or before January 1 in every year make application to the Commissioner of Agriculture for a license in which such applicant shall state his name, his post office address, the nature of business in which he desires to engage, and the place at which he proposes to conduct his business. Such applicant shall also furnish to the Commissioner such other and additional information as the Commissioner may require. When such information is furnished, the Commissioner shall advise the applicant the amount of the license tax required of such applicant, and when said annual license tax is paid, the Commissioner shall issue to such applicant a license which shall particularly state the nature of the business which the applicant thereunder is authorized to conduct in this state and the place or places from which it may be conducted.

(b) The annual license fee shall be payable on or before January 1 of each and every year thereafter; provided, however, that whenever an application is submitted after July 1 of any year, the annual license fee for the remaining portion of such year shall be one-half of the annual license fee provided for in Code Section 26-2-312 .

(b) The annual license fee shall be payable on or before January 1 of each and every year thereafter; provided, however, that whenever an application is submitted after July 1 of any year, the annual license fee for the remaining portion of such year shall be one-half of the annual license fee provided for in Code Section 26-2-312 .
O.C.G.A. § 26-4-6 — GA Code / Title 26 / Chapter 4 / Section 26-4-6
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-6
Status: in_force

The provisions of this chapter shall not apply to a facility engaged solely in the distribution of dialysate drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that the following criteria are met:

(1) The dialysate drugs, or devices are approved or cleared by the federal Food and Drug Administration as required by federal law;

(1) The dialysate drugs, or devices are approved or cleared by the federal Food and Drug Administration as required by federal law;

(2) The dialysate drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or wholesale distributor;

(2) The dialysate drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or wholesale distributor;

(3) The dialysate drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility;

(3) The dialysate drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility;

(4) The dialysate drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order; and

(4) The dialysate drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order; and

(5) The manufacturer or manufacturer's agent delivers the dialysate drugs, or devices directly to: (A) A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or (B) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.

(5) The manufacturer or manufacturer's agent delivers the dialysate drugs, or devices directly to:

(A) A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or

(A) A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or

(B) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.

(B) A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
O.C.G.A. § 26-2-461 — GA Code / Title 26 / Chapter 2 / Section 26-2-461
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-461
Status: in_force

Each producer of raw milk for human consumption shall develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any of these procedures as necessary with respect to any product for which the producer or the department knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. If the department determines, based upon representative samples, risk analysis, information provided by the producer, and other information available to the department, that the circumstances present an imminent hazard to the public health and that a form of consumer notice or product recall can effectively avoid or significantly minimize the threat to public health, the department may order the producer to initiate a level of product recall or, if appropriate, issue a form of notification to customers. The producer shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.
O.C.G.A. § 26-5-6 — GA Code / Title 26 / Chapter 5 / Section 26-5-6
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-6
Status: in_force

The department is authorized and directed to create and promulgate all rules and regulations necessary for the implementation of this article.