O.C.G.A. § 26-5-42 — GA Code / Title 26 / Chapter 5 / Section 26-5-42
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-42
Status: in_force

The department shall create and promulgate reasonable and necessary minimum standards of quality and services for narcotic treatment programs. At least the following areas shall be covered in the rules and regulations:

(1) Adequate and safe buildings or housing facilities where programs are offered;

(1) Adequate and safe buildings or housing facilities where programs are offered;

(2) Adequate equipment for the delivery of programs;

(2) Adequate equipment for the delivery of programs;

(3) Sufficient trained or experienced staff who are competent in the duties they are to perform;

(3) Sufficient trained or experienced staff who are competent in the duties they are to perform;

(4) The content and quality of services to be provided;

(4) The content and quality of services to be provided;

(5) Requirements for intake, discharge, and aftercare of drug dependent persons;

(5) Requirements for intake, discharge, and aftercare of drug dependent persons;

(6) Referral to other appropriate agencies;

(6) Referral to other appropriate agencies;

(7) Continuing evaluation of the effectiveness of programs;

(7) Continuing evaluation of the effectiveness of programs;

(8) Maintenance of adequate records on each drug dependent person treated or advised;

(8) Maintenance of adequate records on each drug dependent person treated or advised;

(9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and

(9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and

(10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females.

(10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females.
O.C.G.A. § 26-2-185 — GA Code / Title 26 / Chapter 2 / Section 26-2-185
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-185
Status: in_force

In addition to the remedies provided in this article and notwithstanding the existence of any other remedy at law and notwithstanding the pendency of any criminal prosecution, the Commissioner is authorized to apply to the superior courts of this state for injunctive relief. Such courts shall have the jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction or ex parte restraining order enjoining or restraining the violation or continuation of a violation of this article or for the failure or refusal to comply with this article or any rule or regulation promulgated under this article.
O.C.G.A. § 26-2-392 — GA Code / Title 26 / Chapter 2 / Section 26-2-392
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-392
Status: in_force

(a) This Code section applies to food items prepared and offered for sale or service by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited.

(a) This Code section applies to food items prepared and offered for sale or service by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited.

(b) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation.

(b) At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation.

(c) Meat, poultry, seafood, and other animal products shall be cooked to at least the safe minimum cooking temperatures recommended by the United States Department of Agriculture. No raw or undercooked animal products shall be served.

(c) Meat, poultry, seafood, and other animal products shall be cooked to at least the safe minimum cooking temperatures recommended by the United States Department of Agriculture. No raw or undercooked animal products shall be served.

(d) Time/temperature control for safety foods to be served at an event shall be maintained at 41 degrees Fahrenheit or less if held cold or 135 degrees Fahrenheit or more if held hot. A thin probe thermometer shall be used to check temperatures of such foods. The preparation of the following time/temperature control for safety foods is prohibited unless the organization has an established hazard control program: (1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or (4) Salads containing meat, poultry, eggs, or fish.

(d) Time/temperature control for safety foods to be served at an event shall be maintained at 41 degrees Fahrenheit or less if held cold or 135 degrees Fahrenheit or more if held hot. A thin probe thermometer shall be used to check temperatures of such foods. The preparation of the following time/temperature control for safety foods is prohibited unless the organization has an established hazard control program:

(1) Pastries filled with cream or synthetic cream;

(1) Pastries filled with cream or synthetic cream;

(2) Custards;

(2) Custards;

(3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or

(3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or

(4) Salads containing meat, poultry, eggs, or fish.

(4) Salads containing meat, poultry, eggs, or fish.

(e) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients.

(e) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients.

(f) Suitable utensils, as needed for serving, must be provided to eliminate bare-hand contact with cooked or ready-to-eat foods. All utensils and equipment shall be washed, rinsed, and sanitized periodically as necessary to prevent contamination or a buildup of food, using separate basins for washing, rinsing, and sanitizing. Disposable utensils may be utilized to meet such requirement.

(f) Suitable utensils, as needed for serving, must be provided to eliminate bare-hand contact with cooked or ready-to-eat foods. All utensils and equipment shall be washed, rinsed, and sanitized periodically as necessary to prevent contamination or a buildup of food, using separate basins for washing, rinsing, and sanitizing. Disposable utensils may be utilized to meet such requirement.

(g) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event.

(g) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event.

(h) A convenient handwashing facility shall be available for use by individuals preparing and serving food. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Individuals who prepare or serve food shall not make bare-hand contact with ready-to-eat food. Individuals who have a known communicable or transmittable disease, as defined by the Department of Public Health for these purposes, shall not prepare or serve food at an event.

(h) A convenient handwashing facility shall be available for use by individuals preparing and serving food. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Individuals who prepare or serve food shall not make bare-hand contact with ready-to-eat food. Individuals who have a known communicable or transmittable disease, as defined by the Department of Public Health for these purposes, shall not prepare or serve food at an event.

(i) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. Food items prepared in private homes are prohibited; provided, however, that this shall not apply to any food item produced in compliance with a license issued by the Department of Agriculture pursuant to Article 2 of this chapter.

(i) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. Food items prepared in private homes are prohibited; provided, however, that this shall not apply to any food item produced in compliance with a license issued by the Department of Agriculture pursuant to Article 2 of this chapter.

(j) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.

(j) County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.

(k) Nothing in this Code section shall prohibit an organization from using an offsite kitchen to prepare food for an event permitted under this article, so long as the offsite kitchen complies with the provisions of this Code section.

(k) Nothing in this Code section shall prohibit an organization from using an offsite kitchen to prepare food for an event permitted under this article, so long as the offsite kitchen complies with the provisions of this Code section.
O.C.G.A. § 26-4-171 — GA Code / Title 26 / Chapter 4 / Section 26-4-171
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-171
Status: in_force

As used in this article, the term:

(1) “Authentication of product history” means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical.

(1) “Authentication of product history” means, but is not limited to, identifying the purchasing source, the ultimate fate, and any intermediate handling of any component of a radiopharmaceutical.

(2) “Board” means the State Board of Pharmacy.

(2) “Board” means the State Board of Pharmacy.

(3) “Compounding of radiopharmaceuticals” means the addition of a radioactive substance to nonradioactive substances or the use of a radioactive substance in preparation for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting reagents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals.

(3) “Compounding of radiopharmaceuticals” means the addition of a radioactive substance to nonradioactive substances or the use of a radioactive substance in preparation for single or multidose dispensation upon the prescription order of a physician who is licensed to use radioactive materials. Compounding of radiopharmaceuticals may include: loading and eluting of radionuclide generators; using manufactured reagent kits to prepare radiopharmaceuticals; preparing reagent kits; aliquoting reagents; formulation and quality assurance testing of radiochemicals for use as radiopharmaceuticals; and radiolabeling of compounds or products, including biological products, for use as radiopharmaceuticals.

(4) “Department” means the Department of Natural Resources.

(4) “Department” means the Department of Natural Resources.

(5) “Internal test assessment” means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test.

(5) “Internal test assessment” means, but is not limited to, conducting those tests of quality assurance necessary to ensure the integrity of the test.

(6) “Manufacturing of radiopharmaceuticals” means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to provide a radiopharmaceutical for sale, resale, redistribution, or reconstitution.

(6) “Manufacturing of radiopharmaceuticals” means the preparation, derivation, or production of a product to which a radioactive substance is or will be added to provide a radiopharmaceutical for sale, resale, redistribution, or reconstitution.

(7) “Nuclear pharmacy” means a pharmacy providing radiopharmaceutical service.

(7) “Nuclear pharmacy” means a pharmacy providing radiopharmaceutical service.

(8) “Radiopharmaceutical” means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers.

(8) “Radiopharmaceutical” means radioactive drugs and chemical products used for diagnostic and therapeutic purposes and includes the terms radioactive pharmaceuticals, radioisotopes, and radioactive tracers.

(9) “Radiopharmaceutical quality assurance” means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on radiopharmaceuticals and their component materials and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.

(9) “Radiopharmaceutical quality assurance” means, but is not limited to, the performance of appropriate chemical, biological, and physical tests on radiopharmaceuticals and their component materials and the interpretation of the resulting data to determine their suitability for use in humans and animals, including internal test assessment, authentication of product history, and the keeping of proper records.

(10) “Radiopharmaceutical service” means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the maintenance of radiopharmaceutical quality assurance; and the responsibility for advising, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a nuclear pharmacy.

(10) “Radiopharmaceutical service” means, but is not limited to, the compounding, dispensing, labeling, and delivering of radiopharmaceuticals; the participation in radiopharmaceutical selection and radiopharmaceutical utilization review; the maintenance of radiopharmaceutical quality assurance; and the responsibility for advising, where necessary or where regulated, of therapeutic values, hazards, and use of radiopharmaceuticals; and the offering or performing of those acts, services, operations, or transactions necessary in the conduct, operation, management, and control of a nuclear pharmacy.
O.C.G.A. § 26-4-85 — GA Code / Title 26 / Chapter 4 / Section 26-4-85
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-85
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 offer to counsel patients.

(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 offer to counsel patients.

(b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of the pharmacist shall personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following: (1) The name and description of the drug; (2) The dosage form, dose, route of administration and duration of therapy; (3) The intended use of the drug and expected action or result; (4) Any special directions or precautions for preparation, administration, or use by the patient; (5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs; (6) Techniques for self-monitoring of drug therapy; (7) The proper storage of the drug; (8) Prescription refill information; (9) The action to be taken in the event of a missed dose; and (10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug.

(b) Upon receipt of a prescription drug order and following a review of the patient's record, the pharmacist or the pharmacy intern operating under the direct supervision of the pharmacist shall personally offer to discuss matters which will enhance or optimize drug therapy with each patient or caregiver of such a patient. Such discussion shall be in person, whenever practicable, or by telephone and shall include appropriate elements of patient counseling, based on the professional judgment of the pharmacist. Such elements may include but are not limited to the following:

(1) The name and description of the drug;

(1) The name and description of the drug;

(2) The dosage form, dose, route of administration and duration of therapy;

(2) The dosage form, dose, route of administration and duration of therapy;

(3) The intended use of the drug and expected action or result;

(3) The intended use of the drug and expected action or result;

(4) Any special directions or precautions for preparation, administration, or use by the patient;

(4) Any special directions or precautions for preparation, administration, or use by the patient;

(5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs;

(5) Common severe side effects or adverse effects or interactions and therapeutic contraindications that may be encountered, including their avoidance, and the action required if such side effect, adverse effect, interaction, or therapeutic contraindication occurs;

(6) Techniques for self-monitoring of drug therapy;

(6) Techniques for self-monitoring of drug therapy;

(7) The proper storage of the drug;

(7) The proper storage of the drug;

(8) Prescription refill information;

(8) Prescription refill information;

(9) The action to be taken in the event of a missed dose; and

(9) The action to be taken in the event of a missed dose; and

(10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug.

(10) The comments of the pharmacist relevant to the patient's drug therapy, including any other information peculiar to the specific patient or drug.

(c) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available.

(c) Additional forms of patient information may be used to supplement verbal patient counseling when appropriate or available.

(d) Patient counseling, as described in this Code section, shall not be required for: (1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs; (2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or (3) Patients receiving drugs from the Department of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section.

(d) Patient counseling, as described in this Code section, shall not be required for:

(1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs;

(1) In-patients of a hospital or institution where other health care professionals are authorized to administer the drug or drugs;

(2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or

(2) Inmates of corrections institutions where pharmacy services are provided by the Department of Corrections or by a county or municipal political subdivision either directly or by a subcontractor of the above; or

(3) Patients receiving drugs from the Department of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section.

(3) Patients receiving drugs from the Department of Public Health; provided, however, that pharmacists who provide drugs to patients in accordance with Code Section 43-34-23 shall include in all dispensing procedures a written process whereby the patient or the caregiver of the patient is provided with the information required under this Code section.

(e) A pharmacist shall not be required to counsel a patient or the caregiver of the patient when the patient or the caregiver of the patient refuses such consultation or counseling.

(e) A pharmacist shall not be required to counsel a patient or the caregiver of the patient when the patient or the caregiver of the patient refuses such consultation or counseling.
O.C.G.A. § 26-2-266 — GA Code / Title 26 / Chapter 2 / Section 26-2-266
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-266
Status: in_force

(a) The Commissioner of Agriculture shall instruct the agricultural sanitarians and agricultural inspectors of the Department of Agriculture to carry out this article. The Commissioner is authorized in his discretion to select and appoint such other additional assistants as in his judgment he deems necessary to enforce this article.

(a) The Commissioner of Agriculture shall instruct the agricultural sanitarians and agricultural inspectors of the Department of Agriculture to carry out this article. The Commissioner is authorized in his discretion to select and appoint such other additional assistants as in his judgment he deems necessary to enforce this article.

(b) All such employees of the Department of Agriculture are authorized to confiscate and destroy all eggs found to be unfit for human consumption.

(b) All such employees of the Department of Agriculture are authorized to confiscate and destroy all eggs found to be unfit for human consumption.
O.C.G.A. § 26-2-451 — GA Code / Title 26 / Chapter 2 / Section 26-2-451
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-451
Status: in_force

Raw milk for human consumption which is in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered by the producer directly to the consuming public for the purpose of human consumption. No raw milk may be sold, offered for sale, or delivered for the purpose of human consumption for wholesale purposes or if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article.
O.C.G.A. § 26-2-214 — GA Code / Title 26 / Chapter 2 / Section 26-2-214
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-214
Status: in_force

(a) This article shall in no way be construed to apply or require further inspection of meat, poultry, or dairy products in this state when meat, poultry, or dairy products are required to be inspected by inspectors of the United States Department of Agriculture, provided the Georgia Department of Agriculture may inspect any business operations involving the slaughter of horses in this state for the purpose of selling or offering for sale the horse meat derived therefrom in order to enforce certain restrictions relating to such slaughter.

(a) This article shall in no way be construed to apply or require further inspection of meat, poultry, or dairy products in this state when meat, poultry, or dairy products are required to be inspected by inspectors of the United States Department of Agriculture, provided the Georgia Department of Agriculture may inspect any business operations involving the slaughter of horses in this state for the purpose of selling or offering for sale the horse meat derived therefrom in order to enforce certain restrictions relating to such slaughter.

(b) Any person, partnership, association, corporation, or firm violating this Code section, including but not limited to refusing to permit an inspection authorized by this Code section, shall be guilty of a misdemeanor.

(b) Any person, partnership, association, corporation, or firm violating this Code section, including but not limited to refusing to permit an inspection authorized by this Code section, shall be guilty of a misdemeanor.
O.C.G.A. § 26-5-18 — GA Code / Title 26 / Chapter 5 / Section 26-5-18
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-18
Status: in_force

The department is authorized to enforce this article and the rules and regulations promulgated under this article by injunction. Any violation of this article or any rule or regulation promulgated under this article shall be a nuisance per se; and it shall not be necessary to allege or prove the exhaustion of remedies at law to obtain an injunction under this Code section.
O.C.G.A. § 26-5-62 — GA Code / Title 26 / Chapter 5 / Section 26-5-62
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-62
Status: repealed

Unless otherwise provided, this article shall not invalidate or affect any rules or regulations which were in effect on May 4, 2017, promulgated pursuant to authority given by law, and such rules and regulations shall remain in force until repealed, replaced, or invalidated.
O.C.G.A. § 26-2-370 — GA Code / Title 26 / Chapter 2 / Section 26-2-370
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-370
Status: in_force

As used in this article, the term:

(1) “ Food nutrition information ” means the content of food, including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content.

(1) “ Food nutrition information ” means the content of food, including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content.

(2) “ Food service establishment ” means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. Such term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; mobile food service establishments; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. Such term shall not include: (A) A food sales establishment, as defined in Code Section 26-2-21 , except as otherwise stated in this paragraph; (B) The food service component of any food sales establishment defined in Code Section 26-2-21 ; (C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function; (D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel; (E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which: (i) Is sponsored by a political subdivision of this state; (ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and (iii) Lasts 120 hours or less; or (F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter.

(2) “ Food service establishment ” means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. Such term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; mobile food service establishments; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. Such term shall not include:

(A) A food sales establishment, as defined in Code Section 26-2-21 , except as otherwise stated in this paragraph;

(A) A food sales establishment, as defined in Code Section 26-2-21 , except as otherwise stated in this paragraph;

(B) The food service component of any food sales establishment defined in Code Section 26-2-21 ;

(B) The food service component of any food sales establishment defined in Code Section 26-2-21 ;

(C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function;

(C) Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function;

(D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel;

(D) Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel;

(E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which: (i) Is sponsored by a political subdivision of this state; (ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and (iii) Lasts 120 hours or less; or

(E) Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:

(i) Is sponsored by a political subdivision of this state;

(i) Is sponsored by a political subdivision of this state;

(ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and

(ii) Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and

(iii) Lasts 120 hours or less; or

(iii) Lasts 120 hours or less; or

(F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter.

(F) Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter.

(3) “ Mobile food service establishment ” means a mobile food service unit operating from a single base of operation and under the managerial authority of one permit holder.

(3) “ Mobile food service establishment ” means a mobile food service unit operating from a single base of operation and under the managerial authority of one permit holder.

(4) “ Person ” or “ persons ” means any individual, firm, partnership, corporation, trustee, or association, or combination thereof.

(4) “ Person ” or “ persons ” means any individual, firm, partnership, corporation, trustee, or association, or combination thereof.
O.C.G.A. § 26-3-3 — GA Code / Title 26 / Chapter 3 / Section 26-3-3
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-3
Status: in_force

The following acts and the causing thereof within this state are prohibited:

(1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded;

(1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded;

(1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded;

(1.1) The holding of any drug, device, or cosmetic that is adulterated or misbranded;

(2) The adulteration or misbranding of any drug, device, or cosmetic;

(2) The adulteration or misbranding of any drug, device, or cosmetic;

(3) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;

(3) The receipt in commerce of any drug, device, or cosmetic that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10 ;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-3-10 ;

(5) The dissemination of any false advertisement;

(5) The dissemination of any false advertisement;

(6) The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17 ;

(6) The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section 26-3-17 ;

(7) The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;

(7) The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;

(8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4 ;

(8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-3-4 ;

(9) The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;

(9) The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;

(10) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and

(10) Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and

(11) The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10 .

(11) The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section 26-3-10 .
O.C.G.A. § 26-2-113 — GA Code / Title 26 / Chapter 2 / Section 26-2-113
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-113
Status: in_force

The Commissioner may by regulations prescribe conditions under which carcasses, parts of carcasses, meat, and meat food products of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, capable of use as human food, shall be stored or otherwise handled by any person, firm, or corporation engaged in the business of buying, selling, freezing, storing, or transporting such articles whenever the Commissioner deems such action necessary to assure that such articles will not be adulterated or misbranded when delivered to the consumer.
O.C.G.A. § 26-2-377 — GA Code / Title 26 / Chapter 2 / Section 26-2-377
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-377
Status: in_force

Any person who violates any provision of this article or any rule or regulation promulgated under this article by the Department of Public Health or by any county board of health shall be guilty of a misdemeanor.
O.C.G.A. § 26-4-50 — GA Code / Title 26 / Chapter 4 / Section 26-4-50
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-50
Status: in_force

(a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-24 unless that pharmacist: (1) Is licensed to practice as a pharmacist in this state; (2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board; (3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and (4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.

(a) No pharmacist shall be authorized to modify drug therapy pursuant to Code Section 43-34-24 unless that pharmacist:

(1) Is licensed to practice as a pharmacist in this state;

(1) Is licensed to practice as a pharmacist in this state;

(2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board;

(2) Has successfully completed a course of study regarding modification of drug therapy and approved by the board;

(3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and

(3) Annually successfully completes a continuing education program regarding modification of drug therapy and approved by the board; and

(4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.

(4) Is certified by the board as meeting the requirements of paragraphs (1) through (3) of this subsection.

(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs.

(b) Nothing in this Code section shall be construed to expand or change any existing authority for a pharmacist to substitute drugs.
O.C.G.A. § 26-4-21 — GA Code / Title 26 / Chapter 4 / Section 26-4-21
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-21
Status: in_force

(a) Each of the seven pharmacist members of the board shall, at the time of appointment: (1) Be a resident of this state for not less than six months; (2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state; (3) Be actively engaged in the practice of pharmacy in this state; (4) Have five years of experience in the practice of pharmacy in this state after licensure; and (5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.

(a) Each of the seven pharmacist members of the board shall, at the time of appointment:

(1) Be a resident of this state for not less than six months;

(1) Be a resident of this state for not less than six months;

(2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state;

(2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state;

(3) Be actively engaged in the practice of pharmacy in this state;

(3) Be actively engaged in the practice of pharmacy in this state;

(4) Have five years of experience in the practice of pharmacy in this state after licensure; and

(4) Have five years of experience in the practice of pharmacy in this state after licensure; and

(5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.

(5) Not be officially employed as a full-time faculty member by any school or college of pharmacy.

(b) The one consumer member of the board shall be a resident of Georgia who has attained the age of majority and shall not have any connection whatsoever with the pharmaceutical industry.

(b) The one consumer member of the board shall be a resident of Georgia who has attained the age of majority and shall not have any connection whatsoever with the pharmaceutical industry.

(c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, and the oath shall be filed with the office of the Governor, whereupon the office of the Governor shall issue to each appointee a certificate of appointment.

(c) Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, and the oath shall be filed with the office of the Governor, whereupon the office of the Governor shall issue to each appointee a certificate of appointment.
O.C.G.A. § 26-2-81 — GA Code / Title 26 / Chapter 2 / Section 26-2-81
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-81
Status: in_force

(a) The Commissioner shall also have power: (1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation subject to this article and the relation thereof to other persons, firms, and corporations; and (2) To require, by regulation, persons, firms, and corporations subject to this article, or any class of them, to file with the Commissioner, in such form as he may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise as the Commissioner may prescribe, and shall be filed with the Commissioner within such reasonable period as he may prescribe, unless additional time is granted in any case by the Commissioner.

(a) The Commissioner shall also have power:

(1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation subject to this article and the relation thereof to other persons, firms, and corporations; and

(1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation subject to this article and the relation thereof to other persons, firms, and corporations; and

(2) To require, by regulation, persons, firms, and corporations subject to this article, or any class of them, to file with the Commissioner, in such form as he may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise as the Commissioner may prescribe, and shall be filed with the Commissioner within such reasonable period as he may prescribe, unless additional time is granted in any case by the Commissioner.

(2) To require, by regulation, persons, firms, and corporations subject to this article, or any class of them, to file with the Commissioner, in such form as he may prescribe, annual or special, or both annual and special, reports or answers in writing to specific questions, furnishing to the Commissioner such information as he may require as to the organization, business, conduct, practices, management, and relation to other persons, firms, and corporations of the person, firm, or corporation filing such reports or answers in writing. Such reports and answers shall be made under oath, or otherwise as the Commissioner may prescribe, and shall be filed with the Commissioner within such reasonable period as he may prescribe, unless additional time is granted in any case by the Commissioner.

(b) For the purposes of this article, the Commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, firm, or corporation being investigated or proceeded against and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm, or corporation relating to any matter under investigation. The Commissioner, hearing officer, or other designate may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence. (1) The attendance of witnesses and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena, the Commissioner may apply to the superior court for an order requiring the attendance and testimony of witnesses and the production of documentary evidence. (2) The appropriate superior court may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the Commissioner, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey the order of the court may be punished by such court as a contempt thereof.

(b) For the purposes of this article, the Commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person, firm, or corporation being investigated or proceeded against and may require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence of any person, firm, or corporation relating to any matter under investigation. The Commissioner, hearing officer, or other designate may sign subpoenas and may administer oaths and affirmations, examine witnesses, and receive evidence.

(1) The attendance of witnesses and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena, the Commissioner may apply to the superior court for an order requiring the attendance and testimony of witnesses and the production of documentary evidence.

(1) The attendance of witnesses and the production of documentary evidence may be required at any designated place of hearing. In case of disobedience to a subpoena, the Commissioner may apply to the superior court for an order requiring the attendance and testimony of witnesses and the production of documentary evidence.

(2) The appropriate superior court may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the Commissioner, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey the order of the court may be punished by such court as a contempt thereof.

(2) The appropriate superior court may, in case of contumacy or refusal to obey a subpoena issued to any person, firm, or corporation, issue an order requiring such person, firm, or corporation to appear before the Commissioner, or to produce documentary evidence if so ordered, or to give evidence touching the matter in question; and any failure to obey the order of the court may be punished by such court as a contempt thereof.

(c)(1)(A) It shall be unlawful for any person, firm, or corporation willfully to: (i) Make, or cause to be made, any false entry or statement of fact in any report required to be made under this article; (ii) Make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this article; (iii) Neglect or fail to make, or cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, firm, or corporation; (iv) Remove out of the jurisdiction of this state or mutilate, alter, or by any other means falsify or conceal any documentary evidence of any such person, firm, or corporation; or (v) Refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control. (B) Any person or the officers or agents of any firm or corporation who violate this subsection shall, upon conviction, be punished by imprisonment of not more than three years or by a fine not to exceed $5,000.00, or both. (2) If any person, firm, or corporation required by this article to file any annual or special report fails so to do within the time fixed by the Commissioner for filing the report and such failure shall continue for 30 days after notice of such default, such person, firm, or corporation shall forfeit to this state the sum of $100.00 for each and every day of the continuance of such failure, which forfeiture shall be payable into the state treasury and shall be recoverable in a civil action in the name of the state brought in the county where the person, firm, or corporation has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures. (3) Information obtained by the Commissioner pursuant to the authority of this article shall not be made public by any officer or employee of this state without the authorization of the Commissioner. Such information and records shall not be subject to Article 4 of Chapter 18 of Title 50, providing for the inspection of public records.

(c)(1)(A) It shall be unlawful for any person, firm, or corporation willfully to: (i) Make, or cause to be made, any false entry or statement of fact in any report required to be made under this article; (ii) Make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this article; (iii) Neglect or fail to make, or cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, firm, or corporation; (iv) Remove out of the jurisdiction of this state or mutilate, alter, or by any other means falsify or conceal any documentary evidence of any such person, firm, or corporation; or (v) Refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control. (B) Any person or the officers or agents of any firm or corporation who violate this subsection shall, upon conviction, be punished by imprisonment of not more than three years or by a fine not to exceed $5,000.00, or both.

(c)(1)(A) It shall be unlawful for any person, firm, or corporation willfully to: (i) Make, or cause to be made, any false entry or statement of fact in any report required to be made under this article; (ii) Make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this article; (iii) Neglect or fail to make, or cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, firm, or corporation; (iv) Remove out of the jurisdiction of this state or mutilate, alter, or by any other means falsify or conceal any documentary evidence of any such person, firm, or corporation; or (v) Refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control.

(c)(1)(A) It shall be unlawful for any person, firm, or corporation willfully to:

(i) Make, or cause to be made, any false entry or statement of fact in any report required to be made under this article;

(i) Make, or cause to be made, any false entry or statement of fact in any report required to be made under this article;

(ii) Make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this article;

(ii) Make, or cause to be made, any false entry in any account, record, or memorandum kept by any person, firm, or corporation subject to this article;

(iii) Neglect or fail to make, or cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, firm, or corporation;

(iii) Neglect or fail to make, or cause to be made, full, true, and correct entries in such accounts, records, or memoranda of all facts and transactions appertaining to the business of such person, firm, or corporation;

(iv) Remove out of the jurisdiction of this state or mutilate, alter, or by any other means falsify or conceal any documentary evidence of any such person, firm, or corporation; or

(iv) Remove out of the jurisdiction of this state or mutilate, alter, or by any other means falsify or conceal any documentary evidence of any such person, firm, or corporation; or

(v) Refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control.

(v) Refuse to submit to the Commissioner or to any of his authorized agents, for the purpose of inspection and taking copies, any documentary evidence of any such person, firm, or corporation in his possession or within his control.

(B) Any person or the officers or agents of any firm or corporation who violate this subsection shall, upon conviction, be punished by imprisonment of not more than three years or by a fine not to exceed $5,000.00, or both.

(B) Any person or the officers or agents of any firm or corporation who violate this subsection shall, upon conviction, be punished by imprisonment of not more than three years or by a fine not to exceed $5,000.00, or both.

(2) If any person, firm, or corporation required by this article to file any annual or special report fails so to do within the time fixed by the Commissioner for filing the report and such failure shall continue for 30 days after notice of such default, such person, firm, or corporation shall forfeit to this state the sum of $100.00 for each and every day of the continuance of such failure, which forfeiture shall be payable into the state treasury and shall be recoverable in a civil action in the name of the state brought in the county where the person, firm, or corporation has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures.

(2) If any person, firm, or corporation required by this article to file any annual or special report fails so to do within the time fixed by the Commissioner for filing the report and such failure shall continue for 30 days after notice of such default, such person, firm, or corporation shall forfeit to this state the sum of $100.00 for each and every day of the continuance of such failure, which forfeiture shall be payable into the state treasury and shall be recoverable in a civil action in the name of the state brought in the county where the person, firm, or corporation has his or its principal office or in any county in which he or it shall do business. It shall be the duty of the Attorney General to prosecute for the recovery of such forfeitures.

(3) Information obtained by the Commissioner pursuant to the authority of this article shall not be made public by any officer or employee of this state without the authorization of the Commissioner. Such information and records shall not be subject to Article 4 of Chapter 18 of Title 50, providing for the inspection of public records.

(3) Information obtained by the Commissioner pursuant to the authority of this article shall not be made public by any officer or employee of this state without the authorization of the Commissioner. Such information and records shall not be subject to Article 4 of Chapter 18 of Title 50, providing for the inspection of public records.
O.C.G.A. § 26-2-262 — GA Code / Title 26 / Chapter 2 / Section 26-2-262
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-262
Status: in_force

All wholesalers, commission merchants, brokers, retailers, and dealers of any kind or character who desire to sell or offer eggs for sale in this state shall first file with the Commissioner of Agriculture, upon forms furnished by the Commissioner, the name of the firm or person desiring to offer eggs for sale either by themselves or by their agent, together with the address of said firm or person and the type or kind of eggs to be offered for sale.
O.C.G.A. § 26-2-39 — GA Code / Title 26 / Chapter 2 / Section 26-2-39
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-39
Status: in_force

(a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this article, including the nature of the charge and the disposition thereof.

(a) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this article, including the nature of the charge and the disposition thereof.

(b) The Commissioner may also cause to be disseminated such information regarding food as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud.

(b) The Commissioner may also cause to be disseminated such information regarding food as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud.

(c) Nothing in this Code section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Commissioner.

(c) Nothing in this Code section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Commissioner.
O.C.G.A. § 26-2-246 — GA Code / Title 26 / Chapter 2 / Section 26-2-246
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-246
Status: in_force

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

(a) Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he 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. § 26-2-35 — GA Code / Title 26 / Chapter 2 / Section 26-2-35
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-35
Status: in_force

(a) Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of identity and, if applicable, a reasonable standard of quality and fill of container.

(a) Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of identity and, if applicable, a reasonable standard of quality and fill of container.

(b) In prescribing a definition and a standard of identity for any food or class of food in which optional ingredients are permitted, the Commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.

(b) In prescribing a definition and a standard of identity for any food or class of food in which optional ingredients are permitted, the Commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.
O.C.G.A. § 26-2-41 — GA Code / Title 26 / Chapter 2 / Section 26-2-41
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-41
Status: in_force

It shall be the duty of each prosecuting attorney to whom the Commissioner reports any violation of this article to cause appropriate proceedings to be instituted in the appropriate court without delay and to prosecute the same in the manner provided by law. Before any violation of this article 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 Commissioner or his designated agent orally or in writing, in person, or by attorney, with regard to such contemplated proceedings.
O.C.G.A. § 26-4-211 — GA Code / Title 26 / Chapter 4 / Section 26-4-211
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-211
Status: in_force

(a) The General Assembly finds and declares that: (1) Medications are essential for the effective treatment and prevention of illness and disease, and medications, particularly dangerous drugs, are recognized to be complex chemical compounds which may cause untoward side effects, adverse reactions, and other undesirable and potentially harmful effects; (2) Hospital pharmacists are highly trained in the therapeutic use of medications and have expertise in the safe, appropriate, and cost-effective use of medications; and (3) Therefore, it is essential that physicians, pharmacists, and other clinical health care practitioners in an institutional setting collaborate to promote safe and effective medication therapy for the institution's patients.

(a) The General Assembly finds and declares that:

(1) Medications are essential for the effective treatment and prevention of illness and disease, and medications, particularly dangerous drugs, are recognized to be complex chemical compounds which may cause untoward side effects, adverse reactions, and other undesirable and potentially harmful effects;

(1) Medications are essential for the effective treatment and prevention of illness and disease, and medications, particularly dangerous drugs, are recognized to be complex chemical compounds which may cause untoward side effects, adverse reactions, and other undesirable and potentially harmful effects;

(2) Hospital pharmacists are highly trained in the therapeutic use of medications and have expertise in the safe, appropriate, and cost-effective use of medications; and

(2) Hospital pharmacists are highly trained in the therapeutic use of medications and have expertise in the safe, appropriate, and cost-effective use of medications; and

(3) Therefore, it is essential that physicians, pharmacists, and other clinical health care practitioners in an institutional setting collaborate to promote safe and effective medication therapy for the institution's patients.

(3) Therefore, it is essential that physicians, pharmacists, and other clinical health care practitioners in an institutional setting collaborate to promote safe and effective medication therapy for the institution's patients.

(b) The intent of the General Assembly in enacting this legislation is to maximize patient safety, to ensure safe and desirable medication therapy outcomes, and to achieve desired therapeutic goals.

(b) The intent of the General Assembly in enacting this legislation is to maximize patient safety, to ensure safe and desirable medication therapy outcomes, and to achieve desired therapeutic goals.
O.C.G.A. § 26-4-202 — GA Code / Title 26 / Chapter 4 / Section 26-4-202
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-202
Status: in_force

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

(a)(1) Each person who is engaged in wholesale distribution of prescription drugs shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the prescription drugs. These records shall include pedigrees for all prescription drugs that leave or have ever left the normal distribution channel in accordance with rules and regulations adopted by the board. (2) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this Code section only if the retail pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs. (3) The board shall conduct a study to be completed no later than July 1, 2009, which shall include consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. Based on the results of the study, the board shall establish a mandated implementation date for electronic pedigrees which shall be no sooner than December 31, 2011, and may be extended by the board in one year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply; provided, however, that no provision of this article shall be effective until such time as the General Assembly appropriates reasonable funds for administration of this subsection. Effective at a date established by the board, pedigrees may be implemented through an approved and readily available system based on electronic track and trace pedigree technology. This electronic tracking system will be deemed to be readily available for use on a wide scale across the entire pharmaceutical supply chain which includes manufacturers, wholesale distributors, and pharmacies. Consideration must be given to the large-scale implementation of this technology across the supply chain and the technology must be proven to have no negative impact on the safety and efficacy of the pharmaceutical product.

(a)(1) Each person who is engaged in wholesale distribution of prescription drugs shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the prescription drugs. These records shall include pedigrees for all prescription drugs that leave or have ever left the normal distribution channel in accordance with rules and regulations adopted by the board.

(a)(1) Each person who is engaged in wholesale distribution of prescription drugs shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of the prescription drugs. These records shall include pedigrees for all prescription drugs that leave or have ever left the normal distribution channel in accordance with rules and regulations adopted by the board.

(2) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this Code section only if the retail pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs.

(2) A retail pharmacy or chain pharmacy warehouse shall comply with the requirements of this Code section only if the retail pharmacy or chain pharmacy warehouse engages in wholesale distribution of prescription drugs.

(3) The board shall conduct a study to be completed no later than July 1, 2009, which shall include consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. Based on the results of the study, the board shall establish a mandated implementation date for electronic pedigrees which shall be no sooner than December 31, 2011, and may be extended by the board in one year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply; provided, however, that no provision of this article shall be effective until such time as the General Assembly appropriates reasonable funds for administration of this subsection. Effective at a date established by the board, pedigrees may be implemented through an approved and readily available system based on electronic track and trace pedigree technology. This electronic tracking system will be deemed to be readily available for use on a wide scale across the entire pharmaceutical supply chain which includes manufacturers, wholesale distributors, and pharmacies. Consideration must be given to the large-scale implementation of this technology across the supply chain and the technology must be proven to have no negative impact on the safety and efficacy of the pharmaceutical product.

(3) The board shall conduct a study to be completed no later than July 1, 2009, which shall include consultation with manufacturers, distributors, and pharmacies responsible for the sale and distribution of prescription drug products in this state. Based on the results of the study, the board shall establish a mandated implementation date for electronic pedigrees which shall be no sooner than December 31, 2011, and may be extended by the board in one year increments if it appears the technology is not universally available across the entire prescription pharmaceutical supply; provided, however, that no provision of this article shall be effective until such time as the General Assembly appropriates reasonable funds for administration of this subsection. Effective at a date established by the board, pedigrees may be implemented through an approved and readily available system based on electronic track and trace pedigree technology. This electronic tracking system will be deemed to be readily available for use on a wide scale across the entire pharmaceutical supply chain which includes manufacturers, wholesale distributors, and pharmacies. Consideration must be given to the large-scale implementation of this technology across the supply chain and the technology must be proven to have no negative impact on the safety and efficacy of the pharmaceutical product.

(b) Each person in possession of a pedigree for a prescription drug who is engaged in the wholesale distribution of a prescription drug, including repackagers but excluding the original manufacturer of the finished form of the prescription drug and any entity engaged in the activities listed in paragraph (9) of Code Section 26-4-201 , and who attempts to further distribute that prescription drug shall affirmatively verify before any distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred.

(b) Each person in possession of a pedigree for a prescription drug who is engaged in the wholesale distribution of a prescription drug, including repackagers but excluding the original manufacturer of the finished form of the prescription drug and any entity engaged in the activities listed in paragraph (9) of Code Section 26-4-201 , and who attempts to further distribute that prescription drug shall affirmatively verify before any distribution of a prescription drug occurs that each transaction listed on the pedigree has occurred.

(c) The pedigree shall include all necessary identifying information concerning each sale in the chain of distribution of the product from the manufacturer, to acquisition and sale by any wholesale distributor or repackager, and to final sale to a pharmacy or other person dispensing or administering the prescription drug. At a minimum, the pedigree shall include: (1) The name, address, telephone number, and, if available, e-mail address of each owner of the prescription drug and each wholesale distributor of the prescription drug; (2) The name and address of each location from which the prescription drug was shipped, if different from the owner's; (3) Transaction dates; (4) Certification that each recipient, excluding retail or hospital pharmacies, has authenticated the pedigree; (5) The name of the prescription drug; (6) Dosage form and strength of the prescription drug; (7) Size of the container; (8) Number of containers; (9) Lot number of the prescription drug; and (10) The name of the manufacturer of the finished dosage form.

(c) The pedigree shall include all necessary identifying information concerning each sale in the chain of distribution of the product from the manufacturer, to acquisition and sale by any wholesale distributor or repackager, and to final sale to a pharmacy or other person dispensing or administering the prescription drug. At a minimum, the pedigree shall include:

(1) The name, address, telephone number, and, if available, e-mail address of each owner of the prescription drug and each wholesale distributor of the prescription drug;

(1) The name, address, telephone number, and, if available, e-mail address of each owner of the prescription drug and each wholesale distributor of the prescription drug;

(2) The name and address of each location from which the prescription drug was shipped, if different from the owner's;

(2) The name and address of each location from which the prescription drug was shipped, if different from the owner's;

(3) Transaction dates;

(3) Transaction dates;

(4) Certification that each recipient, excluding retail or hospital pharmacies, has authenticated the pedigree;

(4) Certification that each recipient, excluding retail or hospital pharmacies, has authenticated the pedigree;

(5) The name of the prescription drug;

(5) The name of the prescription drug;

(6) Dosage form and strength of the prescription drug;

(6) Dosage form and strength of the prescription drug;

(7) Size of the container;

(7) Size of the container;

(8) Number of containers;

(8) Number of containers;

(9) Lot number of the prescription drug; and

(9) Lot number of the prescription drug; and

(10) The name of the manufacturer of the finished dosage form.

(10) The name of the manufacturer of the finished dosage form.

(d) Each pedigree shall be: (1) Maintained by the wholesale distributor at its licensed location, unless given written authorization from the board to do otherwise, for three years from the date of sale or transfer; and (2) Available for inspection, copying, or use at the licensed location upon a verbal request by the board or its designee.

(d) Each pedigree shall be:

(1) Maintained by the wholesale distributor at its licensed location, unless given written authorization from the board to do otherwise, for three years from the date of sale or transfer; and

(1) Maintained by the wholesale distributor at its licensed location, unless given written authorization from the board to do otherwise, for three years from the date of sale or transfer; and

(2) Available for inspection, copying, or use at the licensed location upon a verbal request by the board or its designee.

(2) Available for inspection, copying, or use at the licensed location upon a verbal request by the board or its designee.

(e) The board shall adopt rules and regulations, including a standard form, relating to the requirements of this article no later than 90 days after the effective date of this article.

(e) The board shall adopt rules and regulations, including a standard form, relating to the requirements of this article no later than 90 days after the effective date of this article.

(f) Pharmacies licensed pursuant to this chapter shall not be required to possess or maintain any pedigree issued pursuant to this Code section.

(f) Pharmacies licensed pursuant to this chapter shall not be required to possess or maintain any pedigree issued pursuant to this Code section.
O.C.G.A. § 26-2-88 — GA Code / Title 26 / Chapter 2 / Section 26-2-88
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-88
Status: in_force

(a) Any person, firm, or corporation who violates this article with intent to defraud or who distributes or attempts to distribute an article that is adulterated, except as defined in subparagraph (H) of paragraph (1) of Code Section 26-2-62 , shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both, provided that no person, firm, or corporation shall be subject to penalties under this subsection for receiving for transportation any article or animal in violation of this article if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish, on request of a representative of the Commissioner, the name and address of the person from whom he received such article or animal and copies of all documents, if there are any, pertaining to the delivery of the article or animal to him.

(a) Any person, firm, or corporation who violates this article with intent to defraud or who distributes or attempts to distribute an article that is adulterated, except as defined in subparagraph (H) of paragraph (1) of Code Section 26-2-62 , shall be subject to imprisonment for not more than three years or a fine of not more than $10,000.00, or both, provided that no person, firm, or corporation shall be subject to penalties under this subsection for receiving for transportation any article or animal in violation of this article if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish, on request of a representative of the Commissioner, the name and address of the person from whom he received such article or animal and copies of all documents, if there are any, pertaining to the delivery of the article or animal to him.

(b) Any person who unlawfully slaughters any diseased or cancerous animal for purposes of selling any part of the carcass for human consumption or who knowingly distributes or attempts to distribute any part of such a carcass for human consumption shall be guilty of a felony and punished by imprisonment for not less than three years or more than ten years or by a fine of not less than $10,000.00 or more than $50,000.00, or both.

(b) Any person who unlawfully slaughters any diseased or cancerous animal for purposes of selling any part of the carcass for human consumption or who knowingly distributes or attempts to distribute any part of such a carcass for human consumption shall be guilty of a felony and punished by imprisonment for not less than three years or more than ten years or by a fine of not less than $10,000.00 or more than $50,000.00, or both.

(c) Any person who violates any of the provisions of this article for which a penalty is not otherwise prescribed in this article or who violates any rule or regulation promulgated under this article shall be guilty of a misdemeanor.

(c) Any person who violates any of the provisions of this article for which a penalty is not otherwise prescribed in this article or who violates any rule or regulation promulgated under this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-101 — GA Code / Title 26 / Chapter 2 / Section 26-2-101
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-101
Status: in_force

All inspections and examinations made under this article shall be such and made in such manner as described in the rules and regulations promulgated by the Commissioner, if not inconsistent with this article. This article may be administered in conjunction with the administration of Article 2 of this chapter.
O.C.G.A. § 26-2-211 — GA Code / Title 26 / Chapter 2 / Section 26-2-211
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-211
Status: in_force

The Commissioner shall maintain a system by which accurate statistics regarding the disposition of all animals or poultry slaughtered for human consumption in this state by licensees may be obtained. He shall require that each licensee maintain adequate records so as to ascertain the total number of animals or poultry slaughtered, processed, or disposed of and the amount of meat, poultry, or dairy products received or processed by him.
O.C.G.A. § 26-5-48 — GA Code / Title 26 / Chapter 5 / Section 26-5-48
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-48
Status: in_force

(a) Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following: (1) Compliance with all state and federal law and regulations; (2) Compliance with all applicable standards of practice; (3) Program structure for successful service delivery; and (4) Impact on the delivery of opioid treatment services of the applicant in the applicable population.

(a) Prior to the department issuing a license to a governing body for any narcotic treatment program, the program shall demonstrate the following:

(1) Compliance with all state and federal law and regulations;

(1) Compliance with all state and federal law and regulations;

(2) Compliance with all applicable standards of practice;

(2) Compliance with all applicable standards of practice;

(3) Program structure for successful service delivery; and

(3) Program structure for successful service delivery; and

(4) Impact on the delivery of opioid treatment services of the applicant in the applicable population.

(4) Impact on the delivery of opioid treatment services of the applicant in the applicable population.

(b) The department shall issue a license to a governing body for any narcotic treatment program which meets all the rules and regulations for such program and the licensing of such program does not exceed four licensed treatment programs per region pursuant to subsection (h) of this Code section.

(b) The department shall issue a license to a governing body for any narcotic treatment program which meets all the rules and regulations for such program and the licensing of such program does not exceed four licensed treatment programs per region pursuant to subsection (h) of this Code section.

(c) The department will evaluate the applications based on data submitted as required by Code Section 26-5-47 .

(c) The department will evaluate the applications based on data submitted as required by Code Section 26-5-47 .

(d) Applications for licensure submitted to the department prior to June 1, 2016, shall not be subject to Code Section 26-5-46 or 26-5-47 .

(d) Applications for licensure submitted to the department prior to June 1, 2016, shall not be subject to Code Section 26-5-46 or 26-5-47 .

(e) Programs licensed on or before June 30, 2017, are not subject to the regional maximum allowable program limitations pursuant to this Code section. However, if a region has four or more licensed programs on or after July 1, 2017, such region shall be considered to have reached its maximum allowable programs.

(e) Programs licensed on or before June 30, 2017, are not subject to the regional maximum allowable program limitations pursuant to this Code section. However, if a region has four or more licensed programs on or after July 1, 2017, such region shall be considered to have reached its maximum allowable programs.

(f) The department shall establish a review process to determine if a waiver should be granted to an applicant and allow an application to be submitted for review in a region that has four or more licensed narcotic treatment programs. The department shall have full authority to determine the requirements that must be met for a waiver to be considered for review.

(f) The department shall establish a review process to determine if a waiver should be granted to an applicant and allow an application to be submitted for review in a region that has four or more licensed narcotic treatment programs. The department shall have full authority to determine the requirements that must be met for a waiver to be considered for review.

(g) In the event that the department receives multiple letters of intent before an open enrollment period for a specific region and the ensuing applications will lead to the regional license limit being exceeded, the department shall have the authority to develop a scoring system for the applications submitted and approve a program or programs determined to be most fit for licensure. The department shall develop an appeal process for those applications not selected under such scoring system.

(g) In the event that the department receives multiple letters of intent before an open enrollment period for a specific region and the ensuing applications will lead to the regional license limit being exceeded, the department shall have the authority to develop a scoring system for the applications submitted and approve a program or programs determined to be most fit for licensure. The department shall develop an appeal process for those applications not selected under such scoring system.

(h) For the purpose of narcotic treatment program application evaluation for the department and delivery of services by narcotic treatment programs in communities and to citizens of this state and for the purpose of establishing narcotic treatment programs regional boundaries, there are created 49 regions with those counties designated as follows: (1) Region 1 shall be composed of Dade, Catoosa, Walker, and Chattooga counties; (2) Region 2 shall be composed of Whitfield and Murray counties; (3) Region 3 shall be composed of Gordon and Bartow counties; (4) Region 4 shall be composed of Floyd County; (5) Region 5 shall be composed of Polk and Haralson counties; (6) Region 6 shall be composed of Paulding County; (7) Region 7 shall be composed of Cobb County; (8) Region 8 shall be composed of Douglas County; (9) Region 9 shall be composed of Fulton County; (10) Region 10 shall be composed of Cherokee County; (11) Region 11 shall be composed of Forsyth County; (12) Region 12 shall be composed of Fannin, Gilmer, and Pickens counties; (13) Region 13 shall be composed of Towns, Union, Lumpkin, and White counties; (14) Region 14 shall be composed of Rabun, Habersham, and Stephens counties; (15) Region 15 shall be composed of Hart, Franklin, Elbert, Oglethorpe, and Madison counties; (16) Region 16 shall be composed of Banks, Jackson, and Barrow counties; (17) Region 17 shall be composed of Hall and Dawson counties; (18) Region 18 shall be composed of Gwinnett County; (19) Region 19 shall be composed of DeKalb County; (20) Region 20 shall be composed of Clayton County; (21) Region 21 shall be composed of Henry County; (22) Region 22 shall be composed of Rockdale County; (23) Region 23 shall be composed of Clarke and Oconee counties; (24) Region 24 shall be composed of Walton and Newton counties; (25) Region 25 shall be composed of Wilkes, Lincoln, Taliaferro, McDuffie, Warren, and Glascock counties; (26) Region 26 shall be composed of Columbia, Richmond, and Burke counties; (27) Region 27 shall be composed of Greene, Morgan, Hancock, Putnam, Jasper, Jones, Baldwin, and Wilkinson counties; (28) Region 28 shall be composed of Butts, Lamar, and Monroe counties; (29) Region 29 shall be composed of Fayette, Spalding, Pike, and Upson counties; (30) Region 30 shall be composed of Carroll, Heard, Troup, Coweta, and Meriwether counties; (31) Region 31 shall be composed of Muscogee, Harris, Talbot, Taylor, Marion, and Chattahoochee counties; (32) Region 32 shall be composed of Bibb, Crawford, and Twiggs counties; (33) Region 33 shall be composed of Houston and Peach counties; (34) Region 34 shall be composed of Laurens, Johnson, and Treutlen counties; (35) Region 35 shall be composed of Washington, Jefferson, Emanuel, Candler, and Toombs counties; (36) Region 36 shall be composed of Jenkins, Screven, Bulloch, and Effingham counties; (37) Region 37 shall be composed of Chatham County; (38) Region 38 shall be composed of Bryan, Liberty, McIntosh, Long, Tattnall, and Evans counties; (39) Region 39 shall be composed of Glynn, Camden, Wayne, Appling, and Jeff Davis counties; (40) Region 40 shall be composed of Dodge, Telfair, Montgomery, Wheeler, Bleckley, and Pulaski counties; (41) Region 41 shall be composed of Charlton, Ware, Brantley, Pierce, Bacon, and Coffee counties; (42) Region 42 shall be composed of Clinch, Atkinson, Lanier, Berrien, and Cook counties; (43) Region 43 shall be composed of Lowndes, Colquitt, Echols, Brooks, and Thomas counties; (44) Region 44 shall be composed of Tift, Turner, Irwin, and Worth counties; (45) Region 45 shall be composed of Dooly, Crisp, Ben Hill, and Wilcox counties; (46) Region 46 shall be composed of Dougherty County; (47) Region 47 shall be composed of Lee, Sumter, Macon, Schley, Webster, and Stewart counties; (48) Region 48 shall be composed of Calhoun, Baker, Mitchell, Decatur, and Grady counties; and (49) Region 49 shall be composed of Terrell, Randolph, Quitman, Clay, Early, Miller, and Seminole counties.

(h) For the purpose of narcotic treatment program application evaluation for the department and delivery of services by narcotic treatment programs in communities and to citizens of this state and for the purpose of establishing narcotic treatment programs regional boundaries, there are created 49 regions with those counties designated as follows:

(1) Region 1 shall be composed of Dade, Catoosa, Walker, and Chattooga counties;

(1) Region 1 shall be composed of Dade, Catoosa, Walker, and Chattooga counties;

(2) Region 2 shall be composed of Whitfield and Murray counties;

(2) Region 2 shall be composed of Whitfield and Murray counties;

(3) Region 3 shall be composed of Gordon and Bartow counties;

(3) Region 3 shall be composed of Gordon and Bartow counties;

(4) Region 4 shall be composed of Floyd County;

(4) Region 4 shall be composed of Floyd County;

(5) Region 5 shall be composed of Polk and Haralson counties;

(5) Region 5 shall be composed of Polk and Haralson counties;

(6) Region 6 shall be composed of Paulding County;

(6) Region 6 shall be composed of Paulding County;

(7) Region 7 shall be composed of Cobb County;

(7) Region 7 shall be composed of Cobb County;

(8) Region 8 shall be composed of Douglas County;

(8) Region 8 shall be composed of Douglas County;

(9) Region 9 shall be composed of Fulton County;

(9) Region 9 shall be composed of Fulton County;

(10) Region 10 shall be composed of Cherokee County;

(10) Region 10 shall be composed of Cherokee County;

(11) Region 11 shall be composed of Forsyth County;

(11) Region 11 shall be composed of Forsyth County;

(12) Region 12 shall be composed of Fannin, Gilmer, and Pickens counties;

(12) Region 12 shall be composed of Fannin, Gilmer, and Pickens counties;

(13) Region 13 shall be composed of Towns, Union, Lumpkin, and White counties;

(13) Region 13 shall be composed of Towns, Union, Lumpkin, and White counties;

(14) Region 14 shall be composed of Rabun, Habersham, and Stephens counties;

(14) Region 14 shall be composed of Rabun, Habersham, and Stephens counties;

(15) Region 15 shall be composed of Hart, Franklin, Elbert, Oglethorpe, and Madison counties;

(15) Region 15 shall be composed of Hart, Franklin, Elbert, Oglethorpe, and Madison counties;

(16) Region 16 shall be composed of Banks, Jackson, and Barrow counties;

(16) Region 16 shall be composed of Banks, Jackson, and Barrow counties;

(17) Region 17 shall be composed of Hall and Dawson counties;

(17) Region 17 shall be composed of Hall and Dawson counties;

(18) Region 18 shall be composed of Gwinnett County;

(18) Region 18 shall be composed of Gwinnett County;

(19) Region 19 shall be composed of DeKalb County;

(19) Region 19 shall be composed of DeKalb County;

(20) Region 20 shall be composed of Clayton County;

(20) Region 20 shall be composed of Clayton County;

(21) Region 21 shall be composed of Henry County;

(21) Region 21 shall be composed of Henry County;

(22) Region 22 shall be composed of Rockdale County;

(22) Region 22 shall be composed of Rockdale County;

(23) Region 23 shall be composed of Clarke and Oconee counties;

(23) Region 23 shall be composed of Clarke and Oconee counties;

(24) Region 24 shall be composed of Walton and Newton counties;

(24) Region 24 shall be composed of Walton and Newton counties;

(25) Region 25 shall be composed of Wilkes, Lincoln, Taliaferro, McDuffie, Warren, and Glascock counties;

(25) Region 25 shall be composed of Wilkes, Lincoln, Taliaferro, McDuffie, Warren, and Glascock counties;

(26) Region 26 shall be composed of Columbia, Richmond, and Burke counties;

(26) Region 26 shall be composed of Columbia, Richmond, and Burke counties;

(27) Region 27 shall be composed of Greene, Morgan, Hancock, Putnam, Jasper, Jones, Baldwin, and Wilkinson counties;

(27) Region 27 shall be composed of Greene, Morgan, Hancock, Putnam, Jasper, Jones, Baldwin, and Wilkinson counties;

(28) Region 28 shall be composed of Butts, Lamar, and Monroe counties;

(28) Region 28 shall be composed of Butts, Lamar, and Monroe counties;

(29) Region 29 shall be composed of Fayette, Spalding, Pike, and Upson counties;

(29) Region 29 shall be composed of Fayette, Spalding, Pike, and Upson counties;

(30) Region 30 shall be composed of Carroll, Heard, Troup, Coweta, and Meriwether counties;

(30) Region 30 shall be composed of Carroll, Heard, Troup, Coweta, and Meriwether counties;

(31) Region 31 shall be composed of Muscogee, Harris, Talbot, Taylor, Marion, and Chattahoochee counties;

(31) Region 31 shall be composed of Muscogee, Harris, Talbot, Taylor, Marion, and Chattahoochee counties;

(32) Region 32 shall be composed of Bibb, Crawford, and Twiggs counties;

(32) Region 32 shall be composed of Bibb, Crawford, and Twiggs counties;

(33) Region 33 shall be composed of Houston and Peach counties;

(33) Region 33 shall be composed of Houston and Peach counties;

(34) Region 34 shall be composed of Laurens, Johnson, and Treutlen counties;

(34) Region 34 shall be composed of Laurens, Johnson, and Treutlen counties;

(35) Region 35 shall be composed of Washington, Jefferson, Emanuel, Candler, and Toombs counties;

(35) Region 35 shall be composed of Washington, Jefferson, Emanuel, Candler, and Toombs counties;

(36) Region 36 shall be composed of Jenkins, Screven, Bulloch, and Effingham counties;

(36) Region 36 shall be composed of Jenkins, Screven, Bulloch, and Effingham counties;

(37) Region 37 shall be composed of Chatham County;

(37) Region 37 shall be composed of Chatham County;

(38) Region 38 shall be composed of Bryan, Liberty, McIntosh, Long, Tattnall, and Evans counties;

(38) Region 38 shall be composed of Bryan, Liberty, McIntosh, Long, Tattnall, and Evans counties;

(39) Region 39 shall be composed of Glynn, Camden, Wayne, Appling, and Jeff Davis counties;

(39) Region 39 shall be composed of Glynn, Camden, Wayne, Appling, and Jeff Davis counties;

(40) Region 40 shall be composed of Dodge, Telfair, Montgomery, Wheeler, Bleckley, and Pulaski counties;

(40) Region 40 shall be composed of Dodge, Telfair, Montgomery, Wheeler, Bleckley, and Pulaski counties;

(41) Region 41 shall be composed of Charlton, Ware, Brantley, Pierce, Bacon, and Coffee counties;

(41) Region 41 shall be composed of Charlton, Ware, Brantley, Pierce, Bacon, and Coffee counties;

(42) Region 42 shall be composed of Clinch, Atkinson, Lanier, Berrien, and Cook counties;

(42) Region 42 shall be composed of Clinch, Atkinson, Lanier, Berrien, and Cook counties;

(43) Region 43 shall be composed of Lowndes, Colquitt, Echols, Brooks, and Thomas counties;

(43) Region 43 shall be composed of Lowndes, Colquitt, Echols, Brooks, and Thomas counties;

(44) Region 44 shall be composed of Tift, Turner, Irwin, and Worth counties;

(44) Region 44 shall be composed of Tift, Turner, Irwin, and Worth counties;

(45) Region 45 shall be composed of Dooly, Crisp, Ben Hill, and Wilcox counties;

(45) Region 45 shall be composed of Dooly, Crisp, Ben Hill, and Wilcox counties;

(46) Region 46 shall be composed of Dougherty County;

(46) Region 46 shall be composed of Dougherty County;

(47) Region 47 shall be composed of Lee, Sumter, Macon, Schley, Webster, and Stewart counties;

(47) Region 47 shall be composed of Lee, Sumter, Macon, Schley, Webster, and Stewart counties;

(48) Region 48 shall be composed of Calhoun, Baker, Mitchell, Decatur, and Grady counties; and

(48) Region 48 shall be composed of Calhoun, Baker, Mitchell, Decatur, and Grady counties; and

(49) Region 49 shall be composed of Terrell, Randolph, Quitman, Clay, Early, Miller, and Seminole counties.

(49) Region 49 shall be composed of Terrell, Randolph, Quitman, Clay, Early, Miller, and Seminole counties.
O.C.G.A. § 26-5-8 — GA Code / Title 26 / Chapter 5 / Section 26-5-8
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-8
Status: in_force

(a) Application for a license to operate a program shall be submitted by the governing authority to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant.

(a) Application for a license to operate a program shall be submitted by the governing authority to the department in the manner prescribed by rules and regulations and shall contain a comprehensive outline of the program to be offered by the applicant.

(b) Proof of compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the application submitted to the department.

(b) Proof of compliance with all applicable federal and state laws for the handling and dispensing of drugs and all state and local health, safety, sanitation, building, and zoning codes shall be attached to the application submitted to the department.
O.C.G.A. § 26-2-212 — GA Code / Title 26 / Chapter 2 / Section 26-2-212
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-212
Status: in_force

Nothing in this article shall prevent the governing authority of any county or municipal corporation from adopting ordinances or resolutions providing for the inspection of meats, poultry, meat or poultry food products, and dairy products sold within its limits and to provide penalties for violation thereof; but no such ordinance or resolution shall conflict with any power or authority of the Commissioner or his representatives; provided, however, that no county or municipal corporation shall adopt sanitary standards or specifications that are less than those adopted by the Commissioner.
O.C.G.A. § 26-3-9 — GA Code / Title 26 / Chapter 3 / Section 26-3-9
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-9
Status: in_force

(a) Any drug product designed for human usage which is branded as follows: “Caution: Federal law prohibits dispensing without prescription” shall bear on the label the name and address of the manufacturer.

(a) Any drug product designed for human usage which is branded as follows:

“Caution: Federal law prohibits dispensing without prescription”

shall bear on the label the name and address of the manufacturer.

(b) For the purposes of this Code section, the term “manufacturer” includes any of the following parties: (1) The person who is responsible for the production of the drug and maintains control over the processing of same; (2) The person to whose specifications the drug is manufactured and who reviews adherence to such specifications through a drug testing program; (3) The person who manufactures the drug product and then packs and ships the said drug products on behalf of the person designated on the label as being responsible for the drug product; or (4) The person who manufactures the drug product and which product is distributed by the person designated on the label as being responsible for the drug without testing to determine adherence to specifications for manufacture.

(b) For the purposes of this Code section, the term “manufacturer” includes any of the following parties:

(1) The person who is responsible for the production of the drug and maintains control over the processing of same;

(1) The person who is responsible for the production of the drug and maintains control over the processing of same;

(2) The person to whose specifications the drug is manufactured and who reviews adherence to such specifications through a drug testing program;

(2) The person to whose specifications the drug is manufactured and who reviews adherence to such specifications through a drug testing program;

(3) The person who manufactures the drug product and then packs and ships the said drug products on behalf of the person designated on the label as being responsible for the drug product; or

(3) The person who manufactures the drug product and then packs and ships the said drug products on behalf of the person designated on the label as being responsible for the drug product; or

(4) The person who manufactures the drug product and which product is distributed by the person designated on the label as being responsible for the drug without testing to determine adherence to specifications for manufacture.

(4) The person who manufactures the drug product and which product is distributed by the person designated on the label as being responsible for the drug without testing to determine adherence to specifications for manufacture.

(c) Where the drug product is manufactured by an affiliated or subsidiary company of the distributor, the name and address of the distributor only need appear.

(c) Where the drug product is manufactured by an affiliated or subsidiary company of the distributor, the name and address of the distributor only need appear.
O.C.G.A. § 26-4-89 — GA Code / Title 26 / Chapter 4 / Section 26-4-89
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-89
Status: in_force

(a) Any person who shall sell or dispense drugs by the use of vending machines shall be guilty of a misdemeanor.

(a) Any person who shall sell or dispense drugs by the use of vending machines shall be guilty of a misdemeanor.

(b) A remote automated medication system shall not be considered a vending machine for purposes of this Code section.

(b) A remote automated medication system shall not be considered a vending machine for purposes of this Code section.
O.C.G.A. § 26-2-40 — GA Code / Title 26 / Chapter 2 / Section 26-2-40
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-40
Status: in_force

Nothing in this article shall be construed as requiring the Commissioner to report, for the institution of proceedings under this article, minor violations of this article whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
O.C.G.A. § 26-2-114 — GA Code / Title 26 / Chapter 2 / Section 26-2-114
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-114
Status: in_force

(a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Commissioner.

(a) No brand manufacturer, printer, or other person, firm, or corporation shall cast, print, lithograph, or otherwise make any device containing any official mark or simulation thereof, or any label bearing any such mark or simulation, or any form of official certificate or simulation thereof, except as authorized by the Commissioner.

(b) No person, firm, or corporation shall: (1) Forge any official device, mark, or certificate; (2) Without authorization from the Commissioner, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate; (3) Contrary to the regulations promulgated by the Commissioner, fail to use or to detach, deface, or destroy any official device, mark, or certificate; (4) Knowingly possess, without promptly notifying the Commissioner or his representative, any official device, or any counterfeit, simulated, forged, or improperly altered official certificate, or any device or label, or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark; (5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Commissioner; or (6) Knowingly represent that any article has been inspected and passed or exempted under this article when, in fact, it has, respectively, not been so inspected and passed or exempted.

(b) No person, firm, or corporation shall:

(1) Forge any official device, mark, or certificate;

(1) Forge any official device, mark, or certificate;

(2) Without authorization from the Commissioner, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(2) Without authorization from the Commissioner, use any official device, mark, or certificate, or simulation thereof, or alter, detach, deface, or destroy any official device, mark, or certificate;

(3) Contrary to the regulations promulgated by the Commissioner, fail to use or to detach, deface, or destroy any official device, mark, or certificate;

(3) Contrary to the regulations promulgated by the Commissioner, fail to use or to detach, deface, or destroy any official device, mark, or certificate;

(4) Knowingly possess, without promptly notifying the Commissioner or his representative, any official device, or any counterfeit, simulated, forged, or improperly altered official certificate, or any device or label, or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(4) Knowingly possess, without promptly notifying the Commissioner or his representative, any official device, or any counterfeit, simulated, forged, or improperly altered official certificate, or any device or label, or any carcass of any animal, or part or product thereof, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Commissioner; or

(5) Knowingly make any false statement in any shipper's certificate or other nonofficial or official certificate provided for in the regulations prescribed by the Commissioner; or

(6) Knowingly represent that any article has been inspected and passed or exempted under this article when, in fact, it has, respectively, not been so inspected and passed or exempted.

(6) Knowingly represent that any article has been inspected and passed or exempted under this article when, in fact, it has, respectively, not been so inspected and passed or exempted.
O.C.G.A. § 26-2-203 — GA Code / Title 26 / Chapter 2 / Section 26-2-203
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-203
Status: in_force

In the performance of his duties, the Commissioner or any of his duly authorized representatives is authorized to enter and inspect, at any reasonable time, any dairy, or any meat, poultry, or dairy processing plant, or any vehicle where any dairy, animal, or poultry product, any by-product thereof, or any part thereof is held, stored, transported, or offered for sale.
O.C.G.A. § 26-4-116 — GA Code / Title 26 / Chapter 4 / Section 26-4-116
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-116
Status: in_force

(a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from pharmacies licensed in this state only in accordance with the provisions of this Code section.

(a) Dangerous drugs and controlled substances as defined under Chapter 13 of Title 16 shall only be issued to the medical director of an emergency service provider from pharmacies licensed in this state only in accordance with the provisions of this Code section.

(b) The medical director of an emergency service provider and an issuing pharmacy must have a signed contract or agreement designating such pharmacy as a provider of drugs and consultant services and a copy must be filed with the state board and the Department of Public Health prior to any drugs being issued.

(b) The medical director of an emergency service provider and an issuing pharmacy must have a signed contract or agreement designating such pharmacy as a provider of drugs and consultant services and a copy must be filed with the state board and the Department of Public Health prior to any drugs being issued.

(c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of an issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.

(c) A manual of policies and procedures for the handling, storage, labeling, and record keeping of all drugs must be written, approved, and signed by the medical director of an emergency service provider and the pharmacist in charge of an issuing pharmacy. The manual shall contain procedures for the safe and effective use of drugs from acquisition to final disposition.

(d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs.

(d) A written record of all drugs issued to the medical director of an emergency service provider must be maintained by the issuing pharmacy and emergency service provider. Agents of the Georgia Drugs and Narcotics Agency may review all records to determine the accuracy and proper accountability for the use of all drugs.

(e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.

(e) To provide for the proper control and accountability of drugs, a written record of all drugs used by such emergency service provider shall be provided to the issuing pharmacy within 72 hours of use.

(f) A pharmacist from a contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that: (1) Drugs are properly stored, especially those requiring special storage conditions; (2) Drugs are properly accounted for by personnel of such emergency service provider; (3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and (4) All policies and procedures are followed and enforced.

(f) A pharmacist from a contracting issuing pharmacy shall physically inspect the drugs of such emergency service provider to determine compliance with appropriate policies and procedures for the handling, storage, labeling, and record keeping of all drugs not less than annually and maintain records of such inspection for a period of not less than two years. Such an inspection shall, at a minimum, verify that:

(1) Drugs are properly stored, especially those requiring special storage conditions;

(1) Drugs are properly stored, especially those requiring special storage conditions;

(2) Drugs are properly accounted for by personnel of such emergency service provider;

(2) Drugs are properly accounted for by personnel of such emergency service provider;

(3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and

(3) Proper security measures to prohibit unauthorized access to the drugs are implemented; and

(4) All policies and procedures are followed and enforced.

(4) All policies and procedures are followed and enforced.

(g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board.

(g) All outdated, expired, unused, or unusable drugs shall be returned to the issuing pharmacy for proper disposition in a manner acceptable to the board.
O.C.G.A. § 26-2-105 — GA Code / Title 26 / Chapter 2 / Section 26-2-105
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-105
Status: in_force

(a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where such articles are prepared for commerce.

(a) The Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all meat food products prepared in any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where such articles are prepared for commerce.

(b) For the purpose of any examination and inspection, said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment.

(b) For the purpose of any examination and inspection, said inspectors shall have access at all times, by day or night, whether the establishment be operated or not, to every part of said establishment.

(c) The inspectors shall mark, stamp, tag, or label as “Inspected and Passed” all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned” all such products found adulterated; and all such condemned meat food products shall be made unfit for human consumption, as provided for in Code Section 26-2-103 . The Commissioner may remove inspectors from any establishment which fails to destroy such condemned meat food products.

(c) The inspectors shall mark, stamp, tag, or label as “Inspected and Passed” all such products found to be not adulterated; and said inspectors shall label, mark, stamp, or tag as “Inspected and Condemned” all such products found adulterated; and all such condemned meat food products shall be made unfit for human consumption, as provided for in Code Section 26-2-103 . The Commissioner may remove inspectors from any establishment which fails to destroy such condemned meat food products.
O.C.G.A. § 26-5-59 — GA Code / Title 26 / Chapter 5 / Section 26-5-59
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-59
Status: in_force

Any program licensed or funded by the department under this article shall implement a priority admissions policy for the treatment of drug dependent pregnant females which provides for immediate access to services for any such female applying for admission, which access shall be contingent only upon the availability of space.
O.C.G.A. § 26-2-297 — GA Code / Title 26 / Chapter 2 / Section 26-2-297
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-297
Status: in_force

Any person who violates this article or the orders, rules, or regulations promulgated by the Department of Agriculture under authority of this article shall, upon conviction thereof, be subject to a fine for each and every offense in a sum not exceeding $100.00 or to imprisonment for not more than 30 days, or both.
O.C.G.A. § 26-3-19 — GA Code / Title 26 / Chapter 3 / Section 26-3-19
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-19
Status: in_force

(a) The State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.

(a) The State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.

(b) The board may also cause to be disseminated such information regarding drugs, devices, and cosmetics as the board deems necessary in the interest of public health and the protection of the consumer against fraud.

(b) The board may also cause to be disseminated such information regarding drugs, devices, and cosmetics as the board deems necessary in the interest of public health and the protection of the consumer against fraud.

(c) Nothing in this Code section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board.

(c) Nothing in this Code section shall be construed to prohibit the board from collecting, reporting, and illustrating the results of the investigations of the board.
O.C.G.A. § 26-2-242 — GA Code / Title 26 / Chapter 2 / Section 26-2-242
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-242
Status: in_force

(a) Milk and milk products which are in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption, provided the container in which the milk or milk product is sold, offered for sale, or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale, or delivered for the purpose of human consumption if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article unless such product complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder.

(a) Milk and milk products which are in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered to the consuming public for the purpose of human consumption, provided the container in which the milk or milk product is sold, offered for sale, or delivered has affixed thereto or printed thereon labels approved by the Commissioner. No milk or milk product may be sold, offered for sale, or delivered for the purpose of human consumption if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to this article unless such product complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder.

(b) The sale, offering for sale, or delivery of ungraded milk is prohibited except as provided in Article 18 of this chapter.

(b) The sale, offering for sale, or delivery of ungraded milk is prohibited except as provided in Article 18 of this chapter.

(c) No raw whole milk for manufacturing purposes may be offered for sale in this state to anyone except processors and manufacturers properly licensed and inspected to manufacture and process manufactured milk products.

(c) No raw whole milk for manufacturing purposes may be offered for sale in this state to anyone except processors and manufacturers properly licensed and inspected to manufacture and process manufactured milk products.

(d) It shall be unlawful to sell, keep for sale, or offer for sale any condensed or evaporated milk, concentrated milk, sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, sweetened evaporated skimmed milk, or any of the fluid derivatives of any of them, to which shall have been added any fat or oil other than milk fat, either under the name of the products or articles or the derivatives thereof, or under any fictitious or trade name whatsoever.

(d) It shall be unlawful to sell, keep for sale, or offer for sale any condensed or evaporated milk, concentrated milk, sweetened condensed milk, sweetened evaporated milk, sweetened concentrated milk, sweetened evaporated skimmed milk, or any of the fluid derivatives of any of them, to which shall have been added any fat or oil other than milk fat, either under the name of the products or articles or the derivatives thereof, or under any fictitious or trade name whatsoever.
O.C.G.A. § 26-4-173 — GA Code / Title 26 / Chapter 4 / Section 26-4-173
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-173
Status: in_force

(a) An applicant for a license as a nuclear pharmacist shall: (1) Be a currently licensed pharmacist in the State of Georgia; (2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and (3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department.

(a) An applicant for a license as a nuclear pharmacist shall:

(1) Be a currently licensed pharmacist in the State of Georgia;

(1) Be a currently licensed pharmacist in the State of Georgia;

(2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and

(2) Meet the minimum requirements and be licensed to possess and use radioactive materials for medical use, as authorized by the department; and

(3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department.

(3) Have met all requirements for training and experience established by the board in rules and regulations promulgated pursuant to this authority; provided, however, rules and regulations prescribing training and experience requirements for nuclear pharmacists shall have first been approved by the department.

(b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section.

(b) A license as a nuclear pharmacist shall be issued to any pharmacist who makes application to the board, together with a required fee, and meets the requirements of subsection (a) of this Code section.
O.C.G.A. § 26-5-9 — GA Code / Title 26 / Chapter 5 / Section 26-5-9
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-9
Status: in_force

The department may issue a provisional license effective for a period not to exceed 90 days to each applicant who has substantially complied with all requirements for a regular license. Provisional licenses shall be renewed in the discretion of the department only in cases of extreme hardship and in no case for longer than 90 days. The obligations and conditions of a provisional license shall be the same as those of a regular license except as otherwise provided for in this article.
O.C.G.A. § 26-2-158 — GA Code / Title 26 / Chapter 2 / Section 26-2-158
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-158
Status: in_force

It shall be unlawful for any person, firm, or corporation to sell horse meat in any form for human consumption unless the person, firm, or corporation selling the meat shall inform the purchaser thereof at the time of sale that the purchaser is obtaining horse meat.
O.C.G.A. § 26-2-213 — GA Code / Title 26 / Chapter 2 / Section 26-2-213
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-213
Status: in_force

In addition to the remedies provided in this article and notwithstanding the existence of any remedy at law, the Commissioner is authorized to apply to the superior court and such court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, restraining order, or both, restraining any person from violating or continuing to violate this article or for failing or refusing to comply with the requirements of this article or any rule or regulation adopted by the Commissioner pursuant to this article. No ex parte restraining order shall be issued without bond.
O.C.G.A. § 26-4-52 — GA Code / Title 26 / Chapter 4 / Section 26-4-52
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-52
Status: in_force

(a) As used in this Code section, the term “ vaccine ” means any COVID-19 vaccine and any vaccine that is included on the adult immunization schedule recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention.

(a) As used in this Code section, the term “ vaccine ” means any COVID-19 vaccine and any vaccine that is included on the adult immunization schedule recommended by the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention.

(b) At the discretion of a supervising pharmacist, a qualified pharmacy technician may be authorized to administer vaccines pursuant to this Code section under the following conditions: (1) The vaccine administration has been delegated by the supervising pharmacist to the qualified pharmacy technician; (2) The supervising pharmacist shall be readily and immediately available to the qualified pharmacy technician administering the vaccine; (3) The vaccine shall be administered only to individuals 18 years of age or older; (4) The vaccine being administered shall be authorized or licensed for use by the federal Food and Drug Administration; and (5) In the case of a COVID-19 vaccine, the vaccine shall be dispensed and administered according to the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention COVID-19 vaccine recommendations.

(b) At the discretion of a supervising pharmacist, a qualified pharmacy technician may be authorized to administer vaccines pursuant to this Code section under the following conditions:

(1) The vaccine administration has been delegated by the supervising pharmacist to the qualified pharmacy technician;

(1) The vaccine administration has been delegated by the supervising pharmacist to the qualified pharmacy technician;

(2) The supervising pharmacist shall be readily and immediately available to the qualified pharmacy technician administering the vaccine;

(2) The supervising pharmacist shall be readily and immediately available to the qualified pharmacy technician administering the vaccine;

(3) The vaccine shall be administered only to individuals 18 years of age or older;

(3) The vaccine shall be administered only to individuals 18 years of age or older;

(4) The vaccine being administered shall be authorized or licensed for use by the federal Food and Drug Administration; and

(4) The vaccine being administered shall be authorized or licensed for use by the federal Food and Drug Administration; and

(5) In the case of a COVID-19 vaccine, the vaccine shall be dispensed and administered according to the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention COVID-19 vaccine recommendations.

(5) In the case of a COVID-19 vaccine, the vaccine shall be dispensed and administered according to the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention COVID-19 vaccine recommendations.

(c) In order to become a qualified pharmacy technician and be authorized to administer vaccines pursuant to this Code section, a pharmacy technician shall: (1) Have completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board that includes hands-on injection techniques and the recognition and treatment of emergency reactions to vaccines; (2) Hold current certification in Basic Cardiac Life Support; and (3) Have completed a minimum of two hours of training of immunization related continuing pharmacy education approved by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board during each biennium preceding application for renewal of his or her certificate of registration.

(c) In order to become a qualified pharmacy technician and be authorized to administer vaccines pursuant to this Code section, a pharmacy technician shall:

(1) Have completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board that includes hands-on injection techniques and the recognition and treatment of emergency reactions to vaccines;

(1) Have completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board that includes hands-on injection techniques and the recognition and treatment of emergency reactions to vaccines;

(2) Hold current certification in Basic Cardiac Life Support; and

(2) Hold current certification in Basic Cardiac Life Support; and

(3) Have completed a minimum of two hours of training of immunization related continuing pharmacy education approved by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board during each biennium preceding application for renewal of his or her certificate of registration.

(3) Have completed a minimum of two hours of training of immunization related continuing pharmacy education approved by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the board during each biennium preceding application for renewal of his or her certificate of registration.

(d) The supervising pharmacist shall: (1) Comply with record-keeping and reporting requirements established by the board; (2) Make documented reasonable efforts to obtain the name of the patient's primary care provider and to notify such primary care provider of the vaccine administered by the qualified pharmacy technician within 72 hours of administration; (3) Be responsible for complying with requirements related to reporting adverse events; (4) Check the Georgia Registry of Immunization Transactions and Services established pursuant to Code Section 31-12-3.1 prior to dispensing the vaccine to be administered by the qualified pharmacy technician and enter the patient's vaccine information in such registry in accordance with the registry's designated time frame and other requirements; and (5) Comply with any applicable requirements or conditions of use set forth in the federal Centers for Disease Control and Prevention COVID-19 vaccine provider agreement and any other federal requirements that apply to the administration of COVID-19 vaccines.

(d) The supervising pharmacist shall:

(1) Comply with record-keeping and reporting requirements established by the board;

(1) Comply with record-keeping and reporting requirements established by the board;

(2) Make documented reasonable efforts to obtain the name of the patient's primary care provider and to notify such primary care provider of the vaccine administered by the qualified pharmacy technician within 72 hours of administration;

(2) Make documented reasonable efforts to obtain the name of the patient's primary care provider and to notify such primary care provider of the vaccine administered by the qualified pharmacy technician within 72 hours of administration;

(3) Be responsible for complying with requirements related to reporting adverse events;

(3) Be responsible for complying with requirements related to reporting adverse events;

(4) Check the Georgia Registry of Immunization Transactions and Services established pursuant to Code Section 31-12-3.1 prior to dispensing the vaccine to be administered by the qualified pharmacy technician and enter the patient's vaccine information in such registry in accordance with the registry's designated time frame and other requirements; and

(4) Check the Georgia Registry of Immunization Transactions and Services established pursuant to Code Section 31-12-3.1 prior to dispensing the vaccine to be administered by the qualified pharmacy technician and enter the patient's vaccine information in such registry in accordance with the registry's designated time frame and other requirements; and

(5) Comply with any applicable requirements or conditions of use set forth in the federal Centers for Disease Control and Prevention COVID-19 vaccine provider agreement and any other federal requirements that apply to the administration of COVID-19 vaccines.

(5) Comply with any applicable requirements or conditions of use set forth in the federal Centers for Disease Control and Prevention COVID-19 vaccine provider agreement and any other federal requirements that apply to the administration of COVID-19 vaccines.

(e) The board shall promulgate rules and regulations necessary to implement the provisions of this Code section.

(e) The board shall promulgate rules and regulations necessary to implement the provisions of this Code section.

(f) Nothing in this Code section shall be construed to require any pharmacist to authorize a pharmacy technician to administer vaccines pursuant to this Code section or to require any pharmacy technician to administer vaccines pursuant to this Code section.

(f) Nothing in this Code section shall be construed to require any pharmacist to authorize a pharmacy technician to administer vaccines pursuant to this Code section or to require any pharmacy technician to administer vaccines pursuant to this Code section.

(g) Nothing in this Code section shall be construed to authorize a qualified pharmacy technician to order vaccines.

(g) Nothing in this Code section shall be construed to authorize a qualified pharmacy technician to order vaccines.
O.C.G.A. § 26-4-143 — GA Code / Title 26 / Chapter 4 / Section 26-4-143
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-143
Status: in_force

(a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner, in a manner provided by the Commissioner, and is approved by the Commissioner as complying with the requirements of this article.

(a) Unless the program is exempt under subsection (b) of this Code section, no administrator, person, corporation, or business entity shall offer, operate, or administer a program in this state unless that program has been submitted to the Commissioner, in a manner provided by the Commissioner, and is approved by the Commissioner as complying with the requirements of this article.

(b)(1) A program contract existing immediately prior to January 1, 1984, shall be exempt from the requirements of this article but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval. (2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the “Georgia Medical Assistance Act of 1977,” shall be exempt from the requirements of this article. (3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article.

(b)(1) A program contract existing immediately prior to January 1, 1984, shall be exempt from the requirements of this article but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval.

(b)(1) A program contract existing immediately prior to January 1, 1984, shall be exempt from the requirements of this article but shall not be renewed or otherwise extended beyond its renewal or expiration date, respectively, as specified immediately prior to January 1, 1984, unless the program under the renewed or extended contract is approved by the Commissioner under subsection (a) of this Code section, except that if no such expiration or renewal date is provided in that program contract, the program contract shall be submitted not later than March 1, 1984, to the Commissioner for approval.

(2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the “Georgia Medical Assistance Act of 1977,” shall be exempt from the requirements of this article.

(2) A program providing pharmaceuticals pursuant to Article 7 of Chapter 4 of Title 49, the “Georgia Medical Assistance Act of 1977,” shall be exempt from the requirements of this article.

(3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article.

(3) A policy or plan regulated under Title 33, relating to insurance, which does not include or utilize a third-party prescription program or contract shall be exempt from the requirements of this article.

(c) A program approved by the Commissioner may have that approval revoked or suspended if it fails to meet any requirements therefor specified in this article or if it fails to be administered in conformity with those requirements.

(c) A program approved by the Commissioner may have that approval revoked or suspended if it fails to meet any requirements therefor specified in this article or if it fails to be administered in conformity with those requirements.

(d) Disapproval or revocation or suspension of approval of a program by the Commissioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(d) Disapproval or revocation or suspension of approval of a program by the Commissioner shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-5-49 — GA Code / Title 26 / Chapter 5 / Section 26-5-49
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-49
Status: in_force

(a) Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program.

(a) Narcotic treatment programs shall not provide a bounty, free services, free medication, or other rewards for patient referral to such program.

(b) Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that does not conform to the schedule of fees established by such program as required by the department's rules and regulations.

(b) Narcotic treatment programs shall not provide temporary discounted financial incentives to a potential patient that does not conform to the schedule of fees established by such program as required by the department's rules and regulations.

(c) Narcotic treatment programs shall not provide discounted fees for services during the first 90 days of treatment.

(c) Narcotic treatment programs shall not provide discounted fees for services during the first 90 days of treatment.

(d) Subsections (b) and (c) of this Code section shall not apply to drug dependent pregnant females.

(d) Subsections (b) and (c) of this Code section shall not apply to drug dependent pregnant females.
O.C.G.A. § 26-5-53 — GA Code / Title 26 / Chapter 5 / Section 26-5-53
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-53
Status: in_force

The department may deny any license applied for under this article that does not fulfill the minimum requirements which the department shall 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 licensee, 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. § 26-2-133 — GA Code / Title 26 / Chapter 2 / Section 26-2-133
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-133
Status: in_force

No person, firm, or corporation shall buy, sell, transport, offer for sale or transportation, or receive for transportation any animal, carcasses, or parts thereof, meat, or meat food products of any such animals, which are not intended for use as human food unless they are denatured or otherwise identified as required by the regulations of the Commissioner or are naturally inedible by humans.
O.C.G.A. § 26-2-208 — GA Code / Title 26 / Chapter 2 / Section 26-2-208
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-208
Status: in_force

(a) No person, firm, or corporation shall sell, offer for sale, or have in his possession for sale any dairy, animal, or poultry product or any by-product thereof that has been produced, manufactured, transported, handled, stored, or processed under other than sanitary conditions.

(a) No person, firm, or corporation shall sell, offer for sale, or have in his possession for sale any dairy, animal, or poultry product or any by-product thereof that has been produced, manufactured, transported, handled, stored, or processed under other than sanitary conditions.

(b) Conditions other than sanitary shall be deemed to exist where any or all of the following conditions exist: (1) Premises, buildings, handling or storage space, or equipment, in a state of decay; (2) Floors and side walls or other parts of any space of building covered or coated with decaying matter; (3) Sufficient insect screens not provided or maintained; (4) Insufficient drainage; (5) Inadequate supply of pure water; (6) Inadequate supply of hot water; (7) Any animal or fowl held on the premises in unsanitary lots, pens, or cages or fed uncooked animal offal; or (8) Where putrid odors exist.

(b) Conditions other than sanitary shall be deemed to exist where any or all of the following conditions exist:

(1) Premises, buildings, handling or storage space, or equipment, in a state of decay;

(1) Premises, buildings, handling or storage space, or equipment, in a state of decay;

(2) Floors and side walls or other parts of any space of building covered or coated with decaying matter;

(2) Floors and side walls or other parts of any space of building covered or coated with decaying matter;

(3) Sufficient insect screens not provided or maintained;

(3) Sufficient insect screens not provided or maintained;

(4) Insufficient drainage;

(4) Insufficient drainage;

(5) Inadequate supply of pure water;

(5) Inadequate supply of pure water;

(6) Inadequate supply of hot water;

(6) Inadequate supply of hot water;

(7) Any animal or fowl held on the premises in unsanitary lots, pens, or cages or fed uncooked animal offal; or

(7) Any animal or fowl held on the premises in unsanitary lots, pens, or cages or fed uncooked animal offal; or

(8) Where putrid odors exist.

(8) Where putrid odors exist.

(c) The enumeration of these conditions shall not be exclusive and the Commissioner shall determine whether unsanitary conditions exist.

(c) The enumeration of these conditions shall not be exclusive and the Commissioner shall determine whether unsanitary conditions exist.
O.C.G.A. § 26-3-20 — GA Code / Title 26 / Chapter 3 / Section 26-3-20
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-20
Status: in_force

In addition to the remedies provided for in this chapter, the State Board of Pharmacy is authorized to bring an action in the appropriate court of the county for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown to grant a temporary or permanent injunction restraining any person from violating Code Section 26-3-3 , notwithstanding whether or not there exists an adequate remedy at law.
O.C.G.A. § 26-4-116-3 — GA Code / Title 26 / Chapter 4 / Section 26-4-116-3
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-116.3
Status: in_force

(a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25 , and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe levalbuterol sulfate or albuterol sulfate in the name of a public or private school for use in accordance with Code Section 20-2-776.3 .

(a) A physician licensed to practice medicine in this state, an advanced practice registered nurse acting pursuant to the authority of Code Section 43-34-25 , and a physician assistant acting pursuant to the authority of subsection (e.1) of Code Section 43-34-103 may prescribe levalbuterol sulfate or albuterol sulfate in the name of a public or private school for use in accordance with Code Section 20-2-776.3 .

(b) A pharmacist may dispense levalbuterol sulfate or albuterol sulfate pursuant to a prescription issued in accordance with subsection (a) of this Code section.

(b) A pharmacist may dispense levalbuterol sulfate or albuterol sulfate pursuant to a prescription issued in accordance with subsection (a) of this Code section.
O.C.G.A. § 26-2-61 — GA Code / Title 26 / Chapter 2 / Section 26-2-61
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-61
Status: in_force

Meat and meat food products are an important source of the nation's total supply of food. It is essential to the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, and properly marked, labeled, and packaged. Unwholesome, adulterated, or misbranded meat or meat food products are injurious to the public welfare, destroy markets for wholesome, not adulterated, and properly labeled and packaged meat and meat food products, and result in sundry losses to livestock producers and processors of meat and meat food products as well as injury to consumers. The unwholesome, adulterated, mislabeled, or deceptively packaged articles can be sold at lower prices and compete unfairly with the wholesome, not adulterated, and properly labeled and packaged articles, to the detriment of consumers and the public generally. It is hereby found that regulation by the Commissioner and cooperation by this state and the United States as contemplated by this article are appropriate to the health and welfare of consumers and otherwise effectuate the purposes of this article.
O.C.G.A. § 26-2-26 — GA Code / Title 26 / Chapter 2 / Section 26-2-26
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-26
Status: in_force

A food shall be deemed to be adulterated if:

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health;

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health;

(2) It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Code Section 26-2-27 . In regard to pesticide residues, a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act 1 or if it bears a residue of a pesticide for which no tolerance has been established or is currently in effect for that food, if such residue appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the Commissioner on the date of the assay;

(2) It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Code Section 26-2-27 . In regard to pesticide residues, a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act 1 or if it bears a residue of a pesticide for which no tolerance has been established or is currently in effect for that food, if such residue appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the Commissioner on the date of the assay;

(3) It consists in whole or in part of a diseased or contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food;

(3) It consists in whole or in part of a diseased or contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food;

(4) It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health;

(4) It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health;

(5) It is the product of a diseased animal or an animal that has died otherwise than by slaughter or an animal that has been fed upon the uncooked offal from a slaughterhouse;

(5) It is the product of a diseased animal or an animal that has died otherwise than by slaughter or an animal that has been fed upon the uncooked offal from a slaughterhouse;

(6) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;

(6) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;

(7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(7) Any valuable constituent has been in whole or in part omitted or abstracted therefrom;

(8) Any substance has been substituted wholly or in part therefor;

(8) Any substance has been substituted wholly or in part therefor;

(9) Damage or inferiority has been concealed in any manner;

(9) Damage or inferiority has been concealed in any manner;

(10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is;

(10) Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is;

(11) It is confectionary and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of 1 percent, harmless natural gum, and pectin, provided that this paragraph shall not apply to any confection containing less than one-half of 1 percent by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or

(11) It is confectionary and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of 1 percent, harmless natural gum, and pectin, provided that this paragraph shall not apply to any confection containing less than one-half of 1 percent by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or

(12) It bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.

(12) It bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.

1 21 U.S.C.A. § 301 et seq.
O.C.G.A. § 26-4-3 — GA Code / Title 26 / Chapter 4 / Section 26-4-3
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-3
Status: in_force

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that distribute, manufacture, or sell drugs or devices used in the dispensing and administration of drugs within this state; and the regulation and control of such other materials as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual.
O.C.G.A. § 26-4-41 — GA Code / Title 26 / Chapter 4 / Section 26-4-41
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-41
Status: in_force

(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (1) Have submitted an application in the form prescribed by the board; (2) Have attained the age of majority; (3) Be of good moral character; (4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language; (5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board; (6) Have successfully passed an examination or examinations approved by the board; and (7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license.

(a) Qualifications. To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:

(1) Have submitted an application in the form prescribed by the board;

(1) Have submitted an application in the form prescribed by the board;

(2) Have attained the age of majority;

(2) Have attained the age of majority;

(3) Be of good moral character;

(3) Be of good moral character;

(4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language;

(4) Have graduated and received a professional undergraduate degree from a college or school of pharmacy as the same may be approved by the board; provided, however, that, since it would be impractical for the board to evaluate a school or college of pharmacy located in another country, the board may accept a graduate from such a school or college so long as the graduate has completed all requirements of the Foreign Pharmacy Equivalency Certification Program administered by the National Association of Boards of Pharmacy. This shall include successful completion of all required examinations and the issuance of the equivalency certificate and be based upon an individual evaluation by the board of the applicant's educational experience, professional background, and proficiency in the English language;

(5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;

(5) Have completed an internship or other program that has been approved by the board or demonstrated to the board's satisfaction that experience in the practice of pharmacy which meets or exceeds the minimum internship requirements of the board;

(6) Have successfully passed an examination or examinations approved by the board; and

(6) Have successfully passed an examination or examinations approved by the board; and

(7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license.

(7) Have paid the fees specified by the board for the examination and any related materials and have paid for the issuance of the license.

(b) Examinations. (1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination. (2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination. (3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person shall not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time shall not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid.

(b) Examinations.

(1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination.

(1) The examination for licensure required under paragraph (6) of subsection (a) of this Code section shall be made available at least two times during each year. The board shall determine the content and subject matter of each examination, and the place, time, and date of administration of the examination.

(2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination.

(2) The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ, cooperate, and contract with any organization or consultant in the preparation and grading of an examination, but shall retain the sole discretion and responsibility for determining which applicants have successfully passed such an examination.

(3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person shall not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time shall not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid.

(3) Any person who takes the board approved examination and fails the examination may repeat the examination at regular intervals of administration; however, a person shall not take the examination more than three times without permission from the board. A person who has taken the board approved examination and failed the examination for the third time shall not practice as a pharmacy intern. A person who takes the board approved examination and successfully completes the examination must become licensed within two years of the examination date or the results of the examination shall become invalid.

(c) Internship and other training programs. (1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine. (2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.

(c) Internship and other training programs.

(1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine.

(1) All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance or both under such terms and conditions as the board shall determine.

(2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.

(2) The board shall establish such licensure requirements for interns and standards for internship or any other experiential program necessary to qualify an applicant for the licensure examination and shall also determine the qualifications of preceptors used in practical experience programs.
O.C.G.A. § 26-2-108 — GA Code / Title 26 / Chapter 2 / Section 26-2-108
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-108
Status: in_force

The Commissioner shall cause to be made, by experts in sanitation or by other competent inspectors, such inspection as may be necessary to inform himself or herself about the sanitary conditions of all slaughtering, meat-canning, salting, packing, rendering, or similar establishments in which cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines are slaughtered and the meat and meat food products thereof are prepared for commerce. The Commissioner shall prescribe the rules and regulations of sanitation under which such establishments shall be maintained; and, where the sanitary conditions of any such establishment are such that the meat or meat food products are rendered adulterated, the Commissioner shall refuse to allow the meat or meat food products to be labeled, marked, stamped, or tagged as “Inspected and Passed.”
O.C.G.A. § 26-2-238 — GA Code / Title 26 / Chapter 2 / Section 26-2-238
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-238
Status: in_force

The standards and requirements of the May, 2005, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service--Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressly adopted as the standards and requirements for this state. Future changes in and supplements to said milk ordinance may be adopted by the Commissioner as a part of the standards and requirements for this state.
O.C.G.A. § 26-2-249 — GA Code / Title 26 / Chapter 2 / Section 26-2-249
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-249
Status: in_force

It shall be unlawful:

(1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner;

(1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner;

(2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;

(2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;

(3) To handle or ship milk, cream, ice cream, or other dairy products in unclean or unsanitary vessels;

(3) To handle or ship milk, cream, ice cream, or other dairy products in unclean or unsanitary vessels;

(4) To expose milk, cream, ice cream, or other dairy products to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;

(4) To expose milk, cream, ice cream, or other dairy products to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;

(5) For any common carrier, railway, or express company to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at the depot for transportation;

(5) For any common carrier, railway, or express company to neglect or fail to remove or ship from its depot, on the day of its arrival there for shipment, any milk, cream, or other dairy products left at the depot for transportation;

(6) For any common carrier, railway, or express company to allow merchandise of a contaminating nature to be stored on or with dairy products;

(6) For any common carrier, railway, or express company to allow merchandise of a contaminating nature to be stored on or with dairy products;

(7) To use or possess any branded or registered cream can or milk can or ice cream container for any purpose other than the handling, storing, or shipping of milk, cream, or ice cream; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;

(7) To use or possess any branded or registered cream can or milk can or ice cream container for any purpose other than the handling, storing, or shipping of milk, cream, or ice cream; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;

(8) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain which contains any article of food other than ice cream or dairy products;

(8) To sell or offer for sale ice cream from a container or a compartment of a cabinet or fountain which contains any article of food other than ice cream or dairy products;

(9) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils;

(9) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products that are not pure and fresh and handled with clean utensils;

(10) To sell or offer for sale milk or cream from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;

(10) To sell or offer for sale milk or cream from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;

(11) To sell or offer for sale any milk or cream which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the milk or cream or the product manufactured therefrom unfit for human consumption; or

(11) To sell or offer for sale any milk or cream which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the milk or cream or the product manufactured therefrom unfit for human consumption; or

(12) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder except raw milk for human consumption which complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder.

(12) To sell or offer for sale milk, cream, butter, cheese, ice cream, or other dairy products which do not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder except raw milk for human consumption which complies with the standards and requirements of Article 18 of this chapter and the rules and regulations promulgated thereunder.
O.C.G.A. § 26-4-61 — GA Code / Title 26 / Chapter 4 / Section 26-4-61
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-61
Status: in_force

(a) The provisions of subsection (c) of Code Section 50-13-18 with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.

(a) The provisions of subsection (c) of Code Section 50-13-18 with respect to emergency action by a professional licensing board and summary suspension of a license are adopted and incorporated by reference into this Code section.

(b) Whenever a notice of summary suspension, notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding is docketed, it shall be personally served upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked “unclaimed” or “refused” or is otherwise undeliverable and if the licensee or applicant cannot, after reasonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant.

(b) Whenever a notice of summary suspension, notice of hearing, initial or recommended decision, or final decision of the board in a disciplinary proceeding is docketed, it shall be personally served upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the board. If such material is served by certified mail or statutory overnight delivery and is returned marked “unclaimed” or “refused” or is otherwise undeliverable and if the licensee or applicant cannot, after reasonable effort, be located, the director for the board shall be deemed to be the agent for service for such licensee or applicant for purposes of this Code section and service upon the director shall be deemed to be service upon the licensee or applicant.

(c) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present.

(c) If any licensee or applicant after reasonable notice fails to appear at any hearing of the board for that licensee or applicant, the board may proceed to hear the evidence against such licensee or applicant and take action as if such licensee or applicant had been present.
O.C.G.A. § 26-4-45 — GA Code / Title 26 / Chapter 4 / Section 26-4-45
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-45
Status: in_force

The board shall establish a program of continuing professional pharmaceutical education for the renewal of pharmacist licenses. Notwithstanding any other provision of this chapter, no pharmacist license shall be renewed by the board or the executive director until the pharmacist submits to the board satisfactory proof of his or her participation, during the biennium preceding his or her application for renewal, in a minimum of 30 hours of approved programs of continuing professional pharmacy education as defined in this Code section. Continuing professional pharmacy education shall consist of educational programs providing training pertinent to the practice of pharmacy and approved by the board under this Code section. The board shall approve educational programs for persons practicing pharmacy in this state on a reasonable nondiscriminatory fee basis and may contract with institutions of higher learning, professional organizations, or qualified individuals for the providing of approved programs. In addition to such programs, the board shall allow the continuing professional pharmacy education requirement to be fulfilled by the completion of approved correspondence courses which provide the required hours of approved programs of continuing professional pharmaceutical education or to be fulfilled by a combination of approved correspondence courses and other approved educational programs. The board may, consistent with the requirements of this Code section, promulgate rules and regulations to implement and administer this Code section, including the establishment of a committee to prescribe standards, approve and contract for educational programs, and set the required minimum number of hours per year.
O.C.G.A. § 26-2-209 — GA Code / Title 26 / Chapter 2 / Section 26-2-209
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-209
Status: in_force

To assure the protection of the consuming public, no person shall operate a meat processing plant in this state without having first obtained a permanent license from the Commissioner; provided, however, that any meat processing plant operating under a federal grant of inspection from the United States Department of Agriculture, Food Safety Inspection Service, shall be exempt from such license requirement. There shall be no fee for such license. The license shall be kept on file in each place of business. The license shall not be transferable. The Georgia Department of Agriculture may refuse to grant inspection, and any such license may be revoked or suspended by the Commissioner for the violation of this article or rules and regulations or sanitary standards and specifications adopted pursuant to this article. The Commissioner shall notify the licensee of the reasons why he or she intends to revoke or suspend the license, and the licensee shall be entitled to a hearing before the Commissioner within ten days after receipt of such notice of intention to revoke or suspend. At such hearing the Commissioner shall consider the circumstances and shall give the licensee reasonable time to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given.
O.C.G.A. § 26-2-355 — GA Code / Title 26 / Chapter 2 / Section 26-2-355
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-355
Status: in_force

The Commissioner or his authorized representatives shall have access, at any reasonable hour, to any building, area, structure, plant, or vehicle used in the manufacture, bottling, or distribution of a bottled soft drink or soft drink syrup to inspect sanitary conditions therein.
O.C.G.A. § 26-2-272 — GA Code / Title 26 / Chapter 2 / Section 26-2-272
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-272
Status: in_force

Each candler and grader of eggs offered for sale shall obtain a license from the Department of Agriculture at no cost, after demonstrating to the satisfaction of the department his capability and qualifications as an egg candler and grader. The Commissioner of Agriculture is authorized to establish by rule and regulation the minimum qualifications for egg candlers and graders. With the approval of the Commissioner, any person may candle and grade eggs not to exceed 14 days, pending licensing by the department, provided that during this period the employer of such temporary candler and grader shall be accountable for the actions of such candler and grader while acting in such capacity.
O.C.G.A. § 26-2-413 — GA Code / Title 26 / Chapter 2 / Section 26-2-413
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-413
Status: in_force

Any person who violates this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-456 — GA Code / Title 26 / Chapter 2 / Section 26-2-456
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-456
Status: in_force

(a) All Grade “A” raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced.

(a) All Grade “A” raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced.

(b) All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the Federal Food, Drug, and Cosmetic Act as amended, the Nutrition Labeling and Education Act (NLEA) of 1990 and regulations developed thereunder, the Code of Federal Regulations, and in addition shall comply with the applicable requirements of this Code section.

(b) All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the Federal Food, Drug, and Cosmetic Act as amended, the Nutrition Labeling and Education Act (NLEA) of 1990 and regulations developed thereunder, the Code of Federal Regulations, and in addition shall comply with the applicable requirements of this Code section.

(c) All bottles, containers, and packages enclosing raw milk for human consumption shall be conspicuously marked with: (1) The words “Grade A Raw” on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover; (2) The identity of the farm where packaged. This identifying information shall include the name, address, and permit number; (3) The following information statement, in print no smaller than 12 point font, shall be included on the package: “Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness”; and (4) The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle's milk.

(c) All bottles, containers, and packages enclosing raw milk for human consumption shall be conspicuously marked with:

(1) The words “Grade A Raw” on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover;

(1) The words “Grade A Raw” on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover;

(2) The identity of the farm where packaged. This identifying information shall include the name, address, and permit number;

(2) The identity of the farm where packaged. This identifying information shall include the name, address, and permit number;

(3) The following information statement, in print no smaller than 12 point font, shall be included on the package: “Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness”; and

(3) The following information statement, in print no smaller than 12 point font, shall be included on the package: “Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness”; and

(4) The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle's milk.

(4) The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle's milk.

(d) The department shall not permit the use of any misleading marks, words, or endorsements upon the label. The department may permit the use of registered trade designs or similar terms on the bottle cap or label, when, in its opinion, they are not misleading and are not used to obscure the required labeling. Descriptive labeling terms must not be used in conjunction with the Grade “A” designation or name of the raw milk and must not be false or misleading.

(d) The department shall not permit the use of any misleading marks, words, or endorsements upon the label. The department may permit the use of registered trade designs or similar terms on the bottle cap or label, when, in its opinion, they are not misleading and are not used to obscure the required labeling. Descriptive labeling terms must not be used in conjunction with the Grade “A” designation or name of the raw milk and must not be false or misleading.
O.C.G.A. § 26-2-465 — GA Code / Title 26 / Chapter 2 / Section 26-2-465
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-465
Status: in_force

It shall be unlawful:

(1) To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner;

(1) To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner;

(2) To keep, store, or prepare for market any raw milk for human consumption in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;

(2) To keep, store, or prepare for market any raw milk for human consumption in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;

(3) To handle or ship raw milk for human consumption in unclean or unsanitary vessels;

(3) To handle or ship raw milk for human consumption in unclean or unsanitary vessels;

(4) To expose raw milk for human consumption to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;

(4) To expose raw milk for human consumption to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;

(5) To use or possess any branded or registered raw milk for human consumption can or container for any purpose other than the handling, storing, or shipping of raw milk for human consumption; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;

(5) To use or possess any branded or registered raw milk for human consumption can or container for any purpose other than the handling, storing, or shipping of raw milk for human consumption; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;

(6) To sell or offer for sale raw milk for human consumption that is not pure and fresh and handled with clean utensils;

(6) To sell or offer for sale raw milk for human consumption that is not pure and fresh and handled with clean utensils;

(7) To sell or offer for sale raw milk for human consumption from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;

(7) To sell or offer for sale raw milk for human consumption from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;

(8) To sell or offer for sale any raw milk for human consumption which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the raw milk unfit for human consumption; or

(8) To sell or offer for sale any raw milk for human consumption which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the raw milk unfit for human consumption; or

(9) To sell or offer for sale raw milk for human consumption which does not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder.

(9) To sell or offer for sale raw milk for human consumption which does not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder.
O.C.G.A. § 26-5-19 — GA Code / Title 26 / Chapter 5 / Section 26-5-19
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-19
Status: in_force

Any person who violates this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-104 — GA Code / Title 26 / Chapter 2 / Section 26-2-104
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-104
Status: in_force

(a) Code Sections 26-2-102 and 26-2-103 shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where inspection under this part is maintained; and such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products.

(a) Code Sections 26-2-102 and 26-2-103 shall apply to all carcasses or parts of carcasses of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines, or the meat or meat products thereof, capable of use as human food, which may be brought into any slaughtering, meat-canning, salting, packing, rendering, or similar establishment where inspection under this part is maintained; and such examination and inspection shall be had before the carcasses or parts thereof shall be allowed to enter into any department wherein the same are to be treated and prepared for meat food products.

(b) Code Sections 26-2-102 and 26-2-103 shall also apply to all such products which, after having been issued from any such slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.

(b) Code Sections 26-2-102 and 26-2-103 shall also apply to all such products which, after having been issued from any such slaughtering, meat-canning, salting, packing, rendering, or similar establishment, shall be returned to the same or to any similar establishment where such inspection is maintained.

(c) The Commissioner may limit the entry of carcasses, parts of carcasses, meat, and meat food products, and other materials into any establishment at which inspection under this part is maintained, under such conditions as he may prescribe, to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this article.

(c) The Commissioner may limit the entry of carcasses, parts of carcasses, meat, and meat food products, and other materials into any establishment at which inspection under this part is maintained, under such conditions as he may prescribe, to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this article.