O.C.G.A. § 26-5-61 — GA Code / Title 26 / Chapter 5 / Section 26-5-61
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-61
Status: in_force

(a) As used in this Code section, the term: (1) “ Administrator ” means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program. (2) “ Applicant ” means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article. (3) “ Conviction ” means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought. (4) “ Criminal record ” means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17. (5) “ GCIC ” means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35. (6) “ GCIC information ” means criminal history record information as defined in Code Section 35-3-30 . (7) “ Program ” means a narcotic treatment program required to be licensed under this article. (8) “ Records check application ” means fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section.

(a) As used in this Code section, the term:

(1) “ Administrator ” means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program.

(1) “ Administrator ” means the individual designated by the program's governing body who is responsible for the on-going and day-to-day operations of the program, for overall compliance with federal, state, and local laws and regulations regarding the operation of narcotic treatment programs, and for all program employees including practitioners, agents, or other persons providing services at the program.

(2) “ Applicant ” means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article.

(2) “ Applicant ” means any individual affiliated with a partnership, corporation, association or individuals or groups of individuals submitting an application to operate a narcotic treatment program under this article.

(3) “ Conviction ” means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

(3) “ Conviction ” means a finding or verdict of guilty or a plea of guilty regardless of whether an appeal of the conviction has been sought.

(4) “ Criminal record ” means any of the following: (A) Conviction of a crime; (B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or (C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

(4) “ Criminal record ” means any of the following:

(A) Conviction of a crime;

(A) Conviction of a crime;

(B) Arrest, charge, and sentencing for a crime where: (i) A plea of nolo contendere was entered to the charge; (ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(B) Arrest, charge, and sentencing for a crime where:

(i) A plea of nolo contendere was entered to the charge;

(i) A plea of nolo contendere was entered to the charge;

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

(ii) First offender treatment without adjudication of guilt pursuant to the charge was granted; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(iii) Adjudication or sentence was otherwise withheld or not entered on the charge; or

(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

(C) Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.

(5) “ GCIC ” means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

(5) “ GCIC ” means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.

(6) “ GCIC information ” means criminal history record information as defined in Code Section 35-3-30 .

(6) “ GCIC information ” means criminal history record information as defined in Code Section 35-3-30 .

(7) “ Program ” means a narcotic treatment program required to be licensed under this article.

(7) “ Program ” means a narcotic treatment program required to be licensed under this article.

(8) “ Records check application ” means fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section.

(8) “ Records check application ” means fingerprints in such form and of such quality as prescribed by the Georgia Crime Information Center and under standards adopted by the Federal Bureau of Investigation and a records search fee to be established by the department by rule and regulation, payable in such form as the department may direct to cover the cost of obtaining criminal background information pursuant to this Code section.

(b)(1) Prior to approving any license for a new program and periodically as established by the department by rules and regulations, the department shall require an administrator and applicant to submit a records check application. The department shall establish a uniform method of obtaining an administrator's and applicant's records check application. (2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35 . Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks. (3) The department's determination regarding an administrator's or an applicant's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. (4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section.

(b)(1) Prior to approving any license for a new program and periodically as established by the department by rules and regulations, the department shall require an administrator and applicant to submit a records check application. The department shall establish a uniform method of obtaining an administrator's and applicant's records check application.

(b)(1) Prior to approving any license for a new program and periodically as established by the department by rules and regulations, the department shall require an administrator and applicant to submit a records check application. The department shall establish a uniform method of obtaining an administrator's and applicant's records check application.

(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35 . Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record. (B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks.

(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35 . Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record.

(2)(A) Unless the department contracts pursuant to subparagraph (B) of this paragraph, the department shall transmit to the GCIC the fingerprints and records search fee from each fingerprint records check application in accordance with Code Section 35-3-35 . Upon receipt thereof, the GCIC shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to the GCIC and the fee, the GCIC shall notify the department in writing of any criminal record or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau's report, the department shall make a determination about an administrator's and applicant's criminal record and shall notify the administrator or applicant in writing as to the department's determination as to whether such administrator or applicant has or does not have a criminal record.

(B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks.

(B) The department may either perform criminal background checks under agreement with the GCIC or contract with the GCIC and appropriate law enforcement agencies which have access to the GCIC and the Federal Bureau of Investigation information to have those agencies perform for the department criminal background checks for administrators and applicants. The department or the appropriate law enforcement agencies may charge reasonable fees for performing criminal background checks.

(3) The department's determination regarding an administrator's or an applicant's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department.

(3) The department's determination regarding an administrator's or an applicant's criminal record, or any action by the department revoking or refusing to grant a license based on such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department.

(4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section.

(4) Neither the GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this Code section.

(c) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new program and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.

(c) All information received from the Federal Bureau of Investigation or the GCIC shall be for the exclusive purpose of approving or denying the granting of a license to a new program and shall not be released or otherwise disclosed to any other person or agency. All such information collected by the department shall be maintained by the department pursuant to laws regarding and the rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable. Penalties for the unauthorized release or disclosure of any such information shall be as prescribed pursuant to laws regarding and rules or regulations of the Federal Bureau of Investigation and the GCIC, as is applicable.

(d) The requirements of this Code section are supplemental to any requirements for a license application or other requirements imposed by this article.

(d) The requirements of this Code section are supplemental to any requirements for a license application or other requirements imposed by this article.

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

(e) The department shall promulgate written rules and regulations reasonable and necessary to implement the provisions of this Code section.
O.C.G.A. § 26-2-466 — GA Code / Title 26 / Chapter 2 / Section 26-2-466
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-466
Status: in_force

Any person who violates this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-184 — GA Code / Title 26 / Chapter 2 / Section 26-2-184
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-184
Status: in_force

If animals, poultry, or animal and poultry products quarantined or detained contain such contaminating residue that remains in excess of a safe level for human consumption, the Commissioner is authorized to order the animals, poultry, or animal and poultry products to be destroyed in a manner prescribed for the particular contaminating residue. Tolerances established by the United States Food and Drug Administration shall be complied with in enforcing this and other Code sections of this article.
O.C.G.A. § 26-4-177 — GA Code / Title 26 / Chapter 4 / Section 26-4-177
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-177
Status: in_force

The board may refuse to grant a license to any person, firm, or corporation for any of the grounds set forth in Code Sections 26-4-60 and 26-4-113 . In addition, the board may refuse to grant a license if any applicant shall make any false statement in the application or cheats in any manner upon any examination administered pursuant to this article.
O.C.G.A. § 26-4-27 — GA Code / Title 26 / Chapter 4 / Section 26-4-27
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-27
Status: in_force

The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof.
O.C.G.A. § 26-2-116 — GA Code / Title 26 / Chapter 2 / Section 26-2-116
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-116
Status: in_force

The ante mortem, post-mortem, and sanitary inspection services provided for in this part are not required at any slaughtering, meat-canning, salting, packing, rendering, or similar establishment at which such services are furnished by the United States Department of Agriculture pursuant to the Federal Meat Inspection Act. 1

1 21 U.S.C.A. § 601 et seq.
O.C.G.A. § 26-2-202 — GA Code / Title 26 / Chapter 2 / Section 26-2-202
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-202
Status: in_force

(a) The Commissioner is authorized to adopt rules and regulations to carry out this article.

(a) The Commissioner is authorized to adopt rules and regulations to carry out this article.

(b) The Commissioner shall adopt sanitary standards and specifications that are not less than those recognized and approved by the United States Department of Agriculture or the United States Department of Health and Human Services for like products and premises.

(b) The Commissioner shall adopt sanitary standards and specifications that are not less than those recognized and approved by the United States Department of Agriculture or the United States Department of Health and Human Services for like products and premises.
O.C.G.A. § 26-4-22 — GA Code / Title 26 / Chapter 4 / Section 26-4-22
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-22
Status: in_force

(a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor and confirmed by the Senate for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across this state.

(a) The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualifications specified in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor and confirmed by the Senate for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across this state.

(b) At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section 26-4-21 to fill the next vacancy occurring on the board, except a vacancy in the consumer member position on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board, other than in the consumer member position on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three practicing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association.

(b) At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section 26-4-21 to fill the next vacancy occurring on the board, except a vacancy in the consumer member position on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board, other than in the consumer member position on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three practicing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association.

(c) The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office.

(c) The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office.
O.C.G.A. § 26-2-435 — GA Code / Title 26 / Chapter 2 / Section 26-2-435
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-435
Status: in_force

In any action exempted under Code Section 26-2-433 , all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this Code section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under Title 9.
O.C.G.A. § 26-4-114 — GA Code / Title 26 / Chapter 4 / Section 26-4-114
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-114
Status: in_force

(a) A pharmacy located within and owned and operated by a school or college of pharmacy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit.

(a) A pharmacy located within and owned and operated by a school or college of pharmacy in this state may apply to the board for a special pharmacy permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of drugs for educational or research purposes. The application shall include the name of a registered pharmacist who shall be responsible for maintaining accurate records regarding the purchase, receipt, possession, and disposal of drugs utilized for educational or research purposes. If the board certifies that the application complies with applicable laws and rules and regulations, the board shall issue the permit.

(b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs.

(b) A holder of a special pharmacy permit under subsection (a) of this Code section shall not engage in the sale or dispensing of drugs.

(c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies.

(c) The board shall have the authority to promulgate rules and regulations governing the holder of a special pharmacy permit under this Code section and may exempt the holder thereof from requirements otherwise applicable to other pharmacies.
O.C.G.A. § 26-5-50 — GA Code / Title 26 / Chapter 5 / Section 26-5-50
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-50
Status: in_force

Narcotic treatment programs shall fully comply with local zoning requirements.
O.C.G.A. § 26-2-23 — GA Code / Title 26 / Chapter 2 / Section 26-2-23
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-23
Status: in_force

In addition to the remedies provided for in this article, the Commissioner is authorized to apply to the superior court of the appropriate 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 26-2-22 , notwithstanding the existence of an adequate remedy at law.
O.C.G.A. § 26-5-16 — GA Code / Title 26 / Chapter 5 / Section 26-5-16
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-16
Status: in_force

The promulgation of rules and regulations, the conduct of administrative hearings, and judicial review of the department's actions shall be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
O.C.G.A. § 26-2-206 — GA Code / Title 26 / Chapter 2 / Section 26-2-206
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-206
Status: in_force

The Commissioner is authorized to make the wholesomeness inspection provided in Code Section 26-2-205 available to meat, poultry, or dairy processing plants licensed under this article on the basis of actual costs. He is further authorized when sufficient funds are available to make such service available without cost.
O.C.G.A. § 26-4-49 — GA Code / Title 26 / Chapter 4 / Section 26-4-49
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-49
Status: in_force

(a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or practitioner shall biennially register with the State Board of Pharmacy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. In applying for the permit: (1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board; (2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, utilization, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and (3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16.

(a) Every person, firm, corporation, agency, department, or other entity located within this state which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for the purposes of conducting research, analysis, animal training, or drug education, as such purposes may be further defined by the board, and is not otherwise registered as a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or practitioner shall biennially register with the State Board of Pharmacy for a drug researcher permit which shall entitle the holder thereof to purchase, receive, possess, or dispose of such controlled substances and dangerous drugs for such purposes. In applying for the permit:

(1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board;

(1) The application for registration shall be made on a form to be prescribed and furnished by said board and shall show at a minimum the name of the person responsible for filing the application, the name of the applying firm, corporation, agency, department, or other entity, if applicable, the address where the controlled substances or dangerous drugs will be kept secured and can be inspected by the board, together with such other information as may be required by the board;

(2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, utilization, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and

(2) The person filing the application for the permit shall be the responsible person for the safe and proper storage and accountability, as defined under Chapter 13 of Title 16, for any and all controlled substances and dangerous drugs. Such person shall be responsible for maintaining exact and accurate records regarding the purchase, receipt, utilization, and disposal of all controlled substances and dangerous drugs utilized for purposes granted by this permit. All records must be maintained for a minimum of two years and be readily available for inspection by agents of the board; and

(3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16.

(3) Before approval by the board for any permit issued under this Code section, the application for registration must successfully undergo a thorough investigation by agents of the board to ensure the applicant complies with all applicable laws, rules, and regulations pursuant to handling controlled substances and dangerous drugs as defined under Chapter 13 of Title 16.

(b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the executive director and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void.

(b) The board may require that the application for registration as a drug researcher be accompanied by a fee in an amount established under rules promulgated by the board, and the board may establish conditions for exemptions from such fees. Such registration shall not be transferable and shall expire on the expiration date established by the executive director and may be renewed pursuant to rules and regulations promulgated by the board. If not renewed, the registration shall lapse and become null and void.

(c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section.

(c) The board shall have the authority to promulgate rules and regulations governing the holder of a drug researcher permit as defined under this Code section.

(d) A drug researcher permit may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations.

(d) A drug researcher permit may be suspended or revoked or the registrant may be reprimanded, fined, or placed on probation by the board if the registrant fails to comply with all applicable local, state, or federal laws, rules, and regulations.

(e) A holder of a drug researcher permit who is not also licensed as a pharmacist practicing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs.

(e) A holder of a drug researcher permit who is not also licensed as a pharmacist practicing in a duly licensed pharmacy shall not engage in the sale, distribution, or dispensing of controlled substances or dangerous drugs.

(f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both.

(f) Any person, firm, or corporation which violates any provision of this Code section shall be guilty of a felony and, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years or by a fine not to exceed $10,000.00 or both.
O.C.G.A. § 26-2-230 — GA Code / Title 26 / Chapter 2 / Section 26-2-230
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-230
Status: in_force

This article shall be known and may be cited as the “Georgia Dairy Act of 1980.”
O.C.G.A. § 26-2-312 — GA Code / Title 26 / Chapter 2 / Section 26-2-312
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-312
Status: in_force

(a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 . The annual license fee applicable to and required of wholesale fish dealers shall be as follows: (1) The annual license fee for each resident wholesale fish dealer shall be $60.00 for each place of business, fixed or movable; and (2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state.

(a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having procured a license from the Commissioner authorizing such person to engage in the business of wholesale fish dealer. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 . The annual license fee applicable to and required of wholesale fish dealers shall be as follows:

(1) The annual license fee for each resident wholesale fish dealer shall be $60.00 for each place of business, fixed or movable; and

(1) The annual license fee for each resident wholesale fish dealer shall be $60.00 for each place of business, fixed or movable; and

(2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state.

(2) The annual license fee for each nonresident or alien wholesale fish dealer shall be $60.00 for each place of business, fixed or movable, provided that the annual license fee for each nonresident or alien wholesale fish dealer who is a resident of a state which charges Georgia resident wholesale fish dealers a fee in excess of $60.00 shall be the same as the fee such state charges Georgia resident wholesale fish dealers for each place of business, fixed or movable. The Commissioner of Agriculture of the State of Georgia may enter into a reciprocal agreement with any other state to limit the fees such state charges a Georgia resident who operates as a wholesale fish dealer or its equivalent in such other state.

(b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article.

(b) Each truck or movable unit from which fish are sold at wholesale shall be deemed a place of business within the meaning of this article.

(c) A resident who produces the fish and other seafood he or she sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section.

(c) A resident who produces the fish and other seafood he or she sells at retail or wholesale shall not be required to pay the license fee provided in paragraph (1) of subsection (a) of this Code section; nor shall any commercial fisherman licensed to catch fish or seafood by the state game and fish laws, rules, and regulations be required to pay the license fee provided for in this Code section.
O.C.G.A. § 26-3-17 — GA Code / Title 26 / Chapter 3 / Section 26-3-17
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-17
Status: in_force

The State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such drugs, devices, or cosmetics in commerce for the purpose:

(1) Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; or

(1) Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; or

(2) To secure samples or specimens of any drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the State Board of Pharmacy to make or cause to be made examinations of samples secured under this Code section to determine whether or not this chapter is being violated.

(2) To secure samples or specimens of any drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the State Board of Pharmacy to make or cause to be made examinations of samples secured under this Code section to determine whether or not this chapter is being violated.
O.C.G.A. § 26-1-1 — GA Code / Title 26 / Chapter 1 / Section 26-1-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-1-1
Status: in_force

(a) The Department of Agriculture shall maintain an information and referral service for persons and organizations which have notified the department of their desire to donate food to nonprofit organizations.

(a) The Department of Agriculture shall maintain an information and referral service for persons and organizations which have notified the department of their desire to donate food to nonprofit organizations.

(b) Appropriate state and local departments and agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of the food items.

(b) Appropriate state and local departments and agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of the food items.
O.C.G.A. § 26-5-17 — GA Code / Title 26 / Chapter 5 / Section 26-5-17
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-17
Status: in_force

For the purpose of providing more effective treatment and rehabilitation, the records and name of any drug dependent person who seeks or obtains treatment, therapeutic advice, or counsel from any program licensed under this article shall be confidential and shall not be revealed except to the extent authorized in writing by the drug dependent person affected; furthermore, any communication by such drug dependent person to an authorized employee of any holder of a license shall be deemed confidential; provided, however, that, except for matters privileged under other laws of this state, the records of such person and information about such person shall be produced in response to a valid court order of any court of competent jurisdiction after a full and fair show-cause hearing and in response to a departmental request for access for licensing purposes when such request is accompanied by a written statement that no record of patient identifying information will be made.
O.C.G.A. § 26-5-51 — GA Code / Title 26 / Chapter 5 / Section 26-5-51
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-51
Status: in_force

Subject to the limitations of Code Section 26-5-56 , the department may require at reasonable intervals that each licensee shall furnish copies of complete records of each person treated or advised by the narcotic treatment program; provided, however, that patient identifying information shall be redacted from such records prior to submission to the department.
O.C.G.A. § 26-2-373 — GA Code / Title 26 / Chapter 2 / Section 26-2-373
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-373
Status: in_force

(a) For the purpose of protecting the public health, the Department of Public Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. As used in this subsection, the term “ political subdivision ” means any municipality, county, local government authority, board, or commission; however, such term shall not include any state agency or state authority. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.

(a) For the purpose of protecting the public health, the Department of Public Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. As used in this subsection, the term “ political subdivision ” means any municipality, county, local government authority, board, or commission; however, such term shall not include any state agency or state authority. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.

(b) Nonprofit schools and institutions serving family-style meals shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the dispensing of milk in the kitchens and dining halls of such schools and institutions, provided such school or institution produces the milk on the school's or institution's farm which passes Department of Public Health and local health department sanitary requirements.

(b) Nonprofit schools and institutions serving family-style meals shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the dispensing of milk in the kitchens and dining halls of such schools and institutions, provided such school or institution produces the milk on the school's or institution's farm which passes Department of Public Health and local health department sanitary requirements.
O.C.G.A. § 26-2-85 — GA Code / Title 26 / Chapter 2 / Section 26-2-85
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-85
Status: in_force

(a) Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found.

(a) Any carcass, part of a carcass, meat, or meat food product of cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any dead, dying, disabled, or diseased cattle, sheep, swine, nontraditional livestock, rabbit, goat, or equine, that is being transported or is held for sale in this state after such transportation, and that is or has been prepared, sold, transported, or otherwise distributed or offered or received for distribution in violation of this article, is capable of use as human food and is adulterated or misbranded, or in any other way is in violation of this article, shall be liable to be proceeded against and seized and condemned, at any time, on an action for condemnation to be brought by the Commissioner in the superior court of the county in which the article or animal is found.

(b) If the article or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct. The proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the state treasury. The article or animals shall not be sold contrary to the provisions of this article or the Federal Meat Inspection Act 1 or the Federal Food, Drug, and Cosmetic Act. 2

(b) If the article or animal is condemned, it shall, after entry of the decree, be disposed of by destruction or sale as the court may direct. The proceeds, if sold, less the court costs and fees and storage and other proper expenses, shall be paid into the state treasury. The article or animals shall not be sold contrary to the provisions of this article or the Federal Meat Inspection Act 1 or the Federal Food, Drug, and Cosmetic Act. 2

(c) Upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this article or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Commissioner as is necessary to ensure compliance with the applicable laws.

(c) Upon the execution and delivery of a good and sufficient bond conditioned that the article or animal shall not be sold or otherwise disposed of contrary to this article or the laws of the United States, the court may direct that such article or animal be delivered to the owner thereof subject to such supervision by authorized representatives of the Commissioner as is necessary to ensure compliance with the applicable laws.

(d) When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.

(d) When a decree of condemnation is entered against the article or animal and it is released under bond or destroyed, court costs and fees and storage and other proper expenses shall be awarded against the person, if any, intervening as claimant of the article or animal.

(e) This Code section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws but shall be cumulative to such other authority.

(e) This Code section shall in no way derogate from authority for condemnation or seizure conferred by other provisions of this article or other laws but shall be cumulative to such other authority.

1 21 U.S.C.A. § 601 et seq.

2 21 U.S.C.A. § 301 et seq.
O.C.G.A. § 26-4-82 — GA Code / Title 26 / Chapter 4 / Section 26-4-82
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-82
Status: in_force

(a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment.

(a) In dispensing drugs, no individual other than a licensed pharmacist shall perform or conduct those duties or functions which require professional judgment. It shall be the responsibility of the supervising pharmacist to ensure that no other employee of the pharmacy, including pharmacy technicians, performs or conducts those duties or functions which require professional judgment.

(b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.

(b) For all prescriptions, it shall be the responsibility of the pharmacist on duty at a facility to ensure that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist provides professional consultation and counseling with patients or other licensed health care professionals, and that only a pharmacist or a pharmacy intern under the direct supervision of a pharmacist accepts initial telephoned prescription orders or provides information in any manner relative to prescriptions or prescription drugs.

(c) In the dispensing of all prescription drug orders: (1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient; (2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times; (3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order; (4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and (5) Pharmacy technicians in the dispensing area shall be easily identifiable.

(c) In the dispensing of all prescription drug orders:

(1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;

(1) The pharmacist shall be responsible for all activities of the pharmacy technician in the preparation of the drug for delivery to the patient;

(2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;

(2) The pharmacist shall be present and personally supervising the activities of the pharmacy technician at all times;

(3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;

(3) When electronic systems are employed within the pharmacy, pharmacy technicians may enter information into the system and prepare labels; provided, however, that it shall be the responsibility of the pharmacist to verify the accuracy of the information entered and the label produced in conjunction with the prescription drug order;

(4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and

(4) When a prescription drug order is presented for refilling, it shall be the responsibility of the pharmacist to review all appropriate information and make the determination as to whether to refill the prescription drug order; and

(5) Pharmacy technicians in the dispensing area shall be easily identifiable.

(5) Pharmacy technicians in the dispensing area shall be easily identifiable.

(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28 ; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of four pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. At any time during which the pharmacist directly supervises four pharmacy technicians, two of such technicians must be certified. At any time during which the pharmacist directly supervises three pharmacy technicians, one of such technicians must be certified. No certification is required for pharmacy technicians in pharmacies at any time during which the pharmacist directly supervises one or two pharmacy technicians. In order to be certified, pharmacy technicians must: (1) Have successfully passed a certification program approved by the board of pharmacy; (2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or (3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy.

(d) The board of pharmacy shall promulgate rules and regulations regarding the activities and utilization of pharmacy technicians in pharmacies, including the establishment of a registry as required in paragraph (7) of subsection (a) of Code Section 26-4-28 ; provided, however, that the pharmacist to pharmacy technician ratio shall not exceed one pharmacist providing direct supervision of four pharmacy technicians. The board may consider and approve an application to increase the ratio in a pharmacy located in a licensed hospital. Such application must be made in writing and must be submitted to the board by the pharmacist in charge of a specific hospital pharmacy in this state. At any time during which the pharmacist directly supervises four pharmacy technicians, two of such technicians must be certified. At any time during which the pharmacist directly supervises three pharmacy technicians, one of such technicians must be certified. No certification is required for pharmacy technicians in pharmacies at any time during which the pharmacist directly supervises one or two pharmacy technicians. In order to be certified, pharmacy technicians must:

(1) Have successfully passed a certification program approved by the board of pharmacy;

(1) Have successfully passed a certification program approved by the board of pharmacy;

(2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or

(2) Have successfully passed an employer's training and assessment program which has been approved by the board of pharmacy; or

(3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy.

(3) Have been certified by either the Pharmacy Technician Certification Board or any other nationally recognized certifying body approved by the board of pharmacy.

(e) In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.

(e) In addition to the utilization of pharmacy technicians, a pharmacist may be assisted by and directly supervise one pharmacy intern and one pharmacy extern.
O.C.G.A. § 26-2-354 — GA Code / Title 26 / Chapter 2 / Section 26-2-354
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-354
Status: in_force

Any license issued pursuant to this article may be suspended or revoked by the Commissioner for the violation of this article or of any of the sanitary standards and specifications or rules and regulations issued pursuant to this article. The Commissioner shall notify the person whose license is to be suspended or revoked, by registered or certified mail or statutory overnight delivery, of his intent to suspend or revoke the license and shall afford such person a hearing before him, within ten days after receipt of the notice, to show cause why the license should not be suspended or revoked.
O.C.G.A. § 26-2-210 — GA Code / Title 26 / Chapter 2 / Section 26-2-210
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-210
Status: in_force

To assure the protection of the consuming public, no person shall operate a poultry processing plant in this state without having first obtained a permanent license from the Commissioner; provided, however, that any poultry 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. § 26-3-16 — GA Code / Title 26 / Chapter 3 / Section 26-3-16
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-16
Status: in_force

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the federal act.

(a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the federal act.

(b) No drug, device, or cosmetic which is subject to and complies with regulations promulgated under the provisions of the Federal Food, Drug, and Cosmetic Act 1 relating to adulteration and misbranding shall be deemed to be adulterated or misbranded in violation of this chapter because of its failure to comply with regulations promulgated under this chapter insofar as the regulations are in conflict with regulations relating to adulteration and misbranding under the Federal Food, Drug, and Cosmetic Act.

(b) No drug, device, or cosmetic which is subject to and complies with regulations promulgated under the provisions of the Federal Food, Drug, and Cosmetic Act 1 relating to adulteration and misbranding shall be deemed to be adulterated or misbranded in violation of this chapter because of its failure to comply with regulations promulgated under this chapter insofar as the regulations are in conflict with regulations relating to adulteration and misbranding under the Federal Food, Drug, and Cosmetic Act.

1 21 U.S.C.A. § 301 et seq.
O.C.G.A. § 26-3-18 — GA Code / Title 26 / Chapter 3 / Section 26-3-18
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-18
Status: in_force

In addition to the remedies provided in this chapter and to provide for more efficient enforcement of this chapter, the State Board of Pharmacy or the director of the Georgia Drugs and Narcotics Agency may ask the Department of Agriculture and the Department of Public Health for assistance; and, in such event, either or both such departments may render such assistance. Any employee or agent of either such department engaged in the rendering of such assistance shall be an authorized agent of the board.
O.C.G.A. § 26-2-433 — GA Code / Title 26 / Chapter 2 / Section 26-2-433
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-433
Status: in_force

The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food but is instead based on other cognizable injuries arising from:

(1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or

(1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or

(2) Any other material violation of federal or state statutes or regulations applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, the claim is brought by a party authorized to bring suit under such law, and the claimed injury was proximately caused by such violation.

(2) Any other material violation of federal or state statutes or regulations applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, the claim is brought by a party authorized to bring suit under such law, and the claimed injury was proximately caused by such violation.
O.C.G.A. § 26-2-350 — GA Code / Title 26 / Chapter 2 / Section 26-2-350
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-350
Status: in_force

As used in this article, the term:

(1) “Bottled soft drink” means all nonalcoholic beverages, whether carbonated or not, such as soda water, carbonated water, orangeade, lemonade, fruit juice when any plain or carbonated water, flavoring, or syrup is added, or any and all preparations commonly referred to as “soft drinks” of whatever kind, which are closed and sealed in glass, paper, metal, or any other type of container or bottle, whether manufactured with or without the use of any syrup. This term shall not include fluid milk to which no flavoring has been added, or natural undiluted fruit or vegetable juice but shall include these drinks when mixed with any syrup, flavoring, water, or additive.

(1) “Bottled soft drink” means all nonalcoholic beverages, whether carbonated or not, such as soda water, carbonated water, orangeade, lemonade, fruit juice when any plain or carbonated water, flavoring, or syrup is added, or any and all preparations commonly referred to as “soft drinks” of whatever kind, which are closed and sealed in glass, paper, metal, or any other type of container or bottle, whether manufactured with or without the use of any syrup. This term shall not include fluid milk to which no flavoring has been added, or natural undiluted fruit or vegetable juice but shall include these drinks when mixed with any syrup, flavoring, water, or additive.

(2) “Commissioner” means the Commissioner of Agriculture.

(2) “Commissioner” means the Commissioner of Agriculture.

(3) “Person” means any person, firm, corporation, association, or any combination thereof.

(3) “Person” means any person, firm, corporation, association, or any combination thereof.

(4) “Soft drink syrup” means the compound mixture or the basic ingredients, whether dry or liquid, practically and commercially usable in making, mixing, or compounding soft drinks at soda fountains by the mixing thereof with carbonated or plain water, ice, fruit, milk, or any other product suitable to make a soft drink, or any such syrup used in the manufacture, bottling, or distribution of a bottled soft drink.

(4) “Soft drink syrup” means the compound mixture or the basic ingredients, whether dry or liquid, practically and commercially usable in making, mixing, or compounding soft drinks at soda fountains by the mixing thereof with carbonated or plain water, ice, fruit, milk, or any other product suitable to make a soft drink, or any such syrup used in the manufacture, bottling, or distribution of a bottled soft drink.
O.C.G.A. § 26-2-353 — GA Code / Title 26 / Chapter 2 / Section 26-2-353
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-353
Status: in_force

The Commissioner is authorized to promulgate reasonable rules and regulations to effectuate this article. He shall employ the necessary personnel and fix their compensation to assist him in the administration of this article.
O.C.G.A. § 26-4-178 — GA Code / Title 26 / Chapter 4 / Section 26-4-178
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-178
Status: in_force

The board is authorized to promulgate rules and regulations to implement the provisions of this article.
O.C.G.A. § 26-4-145 — GA Code / Title 26 / Chapter 4 / Section 26-4-145
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-145
Status: in_force

A participating pharmacy shall not submit claims for payment for pharmaceuticals under a program for charges in excess of those charged by that pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals.
O.C.G.A. § 26-2-310 — GA Code / Title 26 / Chapter 2 / Section 26-2-310
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-310
Status: in_force

As used in this article, the term:

(1) “Nonresident of the State of Georgia” means a person who has not maintained a continuous residence in this state for one year and not resided therein for six months next preceding the time when he makes application for a license.

(1) “Nonresident of the State of Georgia” means a person who has not maintained a continuous residence in this state for one year and not resided therein for six months next preceding the time when he makes application for a license.

(2) “Resident of the State of Georgia” means a person who has maintained a continuous residence in this state for one year and has resided therein for the six-month period preceding the time when he makes application for a license and a corporation organized under the laws of this state, of which a majority of the stockholders are residents of this state, or a foreign corporation which has become domesticated and qualified with the Secretary of State to do business in this state six months before it makes application for a license.

(2) “Resident of the State of Georgia” means a person who has maintained a continuous residence in this state for one year and has resided therein for the six-month period preceding the time when he makes application for a license and a corporation organized under the laws of this state, of which a majority of the stockholders are residents of this state, or a foreign corporation which has become domesticated and qualified with the Secretary of State to do business in this state six months before it makes application for a license.

(3) “Seafood” means all fresh or frozen fish and all fresh or frozen shellfish, such as shrimp, oysters, clams, scallops, lobsters, crayfish, and other similar fresh or frozen edible products. However, nothing in this article shall apply to any canned or salted seafoods.

(3) “Seafood” means all fresh or frozen fish and all fresh or frozen shellfish, such as shrimp, oysters, clams, scallops, lobsters, crayfish, and other similar fresh or frozen edible products. However, nothing in this article shall apply to any canned or salted seafoods.

(4) “Wholesale fish dealer” means any person, firm, association of persons, or corporation who sells fish or seafood of any kind to a retail dealer, a wholesale dealer, hotels, restaurants, or other public eating places of any kind or nature whatsoever.

(4) “Wholesale fish dealer” means any person, firm, association of persons, or corporation who sells fish or seafood of any kind to a retail dealer, a wholesale dealer, hotels, restaurants, or other public eating places of any kind or nature whatsoever.
O.C.G.A. § 26-3-12 — GA Code / Title 26 / Chapter 3 / Section 26-3-12
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-12
Status: in_force

A cosmetic shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular;

(1) If its labeling is false or misleading in any particular;

(2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;

(2) If in package form unless it bears a label containing:

(A) The name and place of business of the manufacturer, packer, or distributor; and

(A) The name and place of business of the manufacturer, packer, or distributor; and

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;

(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(3) If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or

(4) If its container is so made, formed, or filled as to be misleading.

(4) If its container is so made, formed, or filled as to be misleading.
O.C.G.A. § 26-2-244 — GA Code / Title 26 / Chapter 2 / Section 26-2-244
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-244
Status: in_force

(a) No milk or milk products for human consumption shall be shipped into this state from any other state unless such milk or milk product is produced and handled under sanitary conditions no less adequate for the protection of public health and welfare than the conditions under which milk and milk products are produced, handled, and marketed in this state, and then not until authorization for the shipping of milk or milk products has been issued by the Commissioner after careful investigation; provided, however, that shippers listed on the interstate milk shippers list shall be deemed to be in compliance with this Code section.

(a) No milk or milk products for human consumption shall be shipped into this state from any other state unless such milk or milk product is produced and handled under sanitary conditions no less adequate for the protection of public health and welfare than the conditions under which milk and milk products are produced, handled, and marketed in this state, and then not until authorization for the shipping of milk or milk products has been issued by the Commissioner after careful investigation; provided, however, that shippers listed on the interstate milk shippers list shall be deemed to be in compliance with this Code section.

(b) Any applicant who is not listed on the interstate milk shippers list but who desires to ship milk or milk products into this state shall furnish certified copies of all laws, rules, and regulations pertaining to the sanitary standards in force in the area where the product which he wishes to bring into this state is produced, processed, handled, and sold, together with certified copies of any and all licenses, permits, certificates, test results, and inspection reports pertaining to the production, processing, marketing, handling, and sale of the milk or milk products. If the Commissioner finds that the milk or milk product is produced, processed, marketed, and handled under sanitary conditions no less adequate than those applicable in this state, he may authorize the shipping of the milk or milk product into this state. If the applicant is unable to comply with this subsection, he may request an inspection under subsection (c) of this Code section.

(b) Any applicant who is not listed on the interstate milk shippers list but who desires to ship milk or milk products into this state shall furnish certified copies of all laws, rules, and regulations pertaining to the sanitary standards in force in the area where the product which he wishes to bring into this state is produced, processed, handled, and sold, together with certified copies of any and all licenses, permits, certificates, test results, and inspection reports pertaining to the production, processing, marketing, handling, and sale of the milk or milk products. If the Commissioner finds that the milk or milk product is produced, processed, marketed, and handled under sanitary conditions no less adequate than those applicable in this state, he may authorize the shipping of the milk or milk product into this state. If the applicant is unable to comply with this subsection, he may request an inspection under subsection (c) of this Code section.

(c) Upon application from a person who desires authorization to ship any milk or milk product into this state and upon the payment by the person of the amount of actual expense necessary to make an inspection, the Commissioner shall cause an inspection to be made. If, upon inspection, the requirements of this article and the rules and regulations promulgated hereunder are found to be met, the Commissioner shall authorize the shipment of the milk or milk product.

(c) Upon application from a person who desires authorization to ship any milk or milk product into this state and upon the payment by the person of the amount of actual expense necessary to make an inspection, the Commissioner shall cause an inspection to be made. If, upon inspection, the requirements of this article and the rules and regulations promulgated hereunder are found to be met, the Commissioner shall authorize the shipment of the milk or milk product.
O.C.G.A. § 26-3-21 — GA Code / Title 26 / Chapter 3 / Section 26-3-21
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-21
Status: in_force

The provisions of this chapter regarding the selling of drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offering, possession, and holding of any such article for sale, the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any drug or cosmetic establishment.
O.C.G.A. § 26-2-3 — GA Code / Title 26 / Chapter 2 / Section 26-2-3
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-3
Status: in_force

Any manufacturer, dealer, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in collecting samples or otherwise in connection with this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than $10.00 nor more than $50.00. Any violation of this chapter, relating to feeding stuffs for domestic animals, shall be punished by a fine not exceeding $50.00 or imprisonment not exceeding 30 days, or both, in the discretion of the court.
O.C.G.A. § 26-2-455 — GA Code / Title 26 / Chapter 2 / Section 26-2-455
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-455
Status: in_force

(a) Raw milk for human consumption shall be examined by the department as often as necessary to determine that it is not adulterated or misbranded. The department may, upon written notice to the owner or person in charge, place a hold order on any raw milk for human consumption that it determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded. Under a hold order, raw milk for human consumption shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on raw milk for human consumption by the department, and neither such milk nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the department except on order by a court of competent jurisdiction.

(a) Raw milk for human consumption shall be examined by the department as often as necessary to determine that it is not adulterated or misbranded. The department may, upon written notice to the owner or person in charge, place a hold order on any raw milk for human consumption that it determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded. Under a hold order, raw milk for human consumption shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on raw milk for human consumption by the department, and neither such milk nor the containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or destroyed without permission of the department except on order by a court of competent jurisdiction.

(b) When the freezing point of milk is greater than -0.525 degrees Celsius, the farm shall be notified that apparently the raw milk contains added water. If a second violation of this freezing point standard occurs within two years, an observed milking or operation of processing shall be conducted and samples analyzed. The freezing point obtained from raw milk collected during the observation shall be used to determine a definite freezing point from the individual farm. A violation of the determined freezing point for a specific operation by over 3 percent within two years of setting the standard shall call for a two-day permit suspension or equivalent.

(b) When the freezing point of milk is greater than -0.525 degrees Celsius, the farm shall be notified that apparently the raw milk contains added water. If a second violation of this freezing point standard occurs within two years, an observed milking or operation of processing shall be conducted and samples analyzed. The freezing point obtained from raw milk collected during the observation shall be used to determine a definite freezing point from the individual farm. A violation of the determined freezing point for a specific operation by over 3 percent within two years of setting the standard shall call for a two-day permit suspension or equivalent.

(c) When raw milk for human consumption is found to be adulterated by the presence of drugs, pesticides, herbicides, or other poisonous substances, it shall be impounded and additional samples analyzed. Raw milk for human consumption found to be adulterated shall be disposed of until analysis shows the product not to be adulterated. If testing reveals raw milk for human consumption positive for drug residues, the raw milk shall be disposed of in a manner that removes it from the human and animal food chain. The department shall immediately suspend the producer's Grade “A” raw milk for human consumption permit, or equally effective measures shall be taken, to prevent the sale of raw milk for human consumption containing drug residues, and a penalty shall be imposed. Future sales are prohibited until subsequent testing reveals the milk is free of drug residue. The Grade “A” producer's permit may be reinstated to allow the sale of raw milk for human consumption when a representative sample taken from the producer's raw milk is no longer positive for drug residue. Whenever a drug residue test is positive, a recall shall be initiated and an investigation shall be made to determine the cause. The farm inspection must be completed by the department to determine the cause of the residue and actions taken to prevent future violations, including on-farm changes in procedures necessary to prevent future occurrences as recommended by the department.

(c) When raw milk for human consumption is found to be adulterated by the presence of drugs, pesticides, herbicides, or other poisonous substances, it shall be impounded and additional samples analyzed. Raw milk for human consumption found to be adulterated shall be disposed of until analysis shows the product not to be adulterated. If testing reveals raw milk for human consumption positive for drug residues, the raw milk shall be disposed of in a manner that removes it from the human and animal food chain. The department shall immediately suspend the producer's Grade “A” raw milk for human consumption permit, or equally effective measures shall be taken, to prevent the sale of raw milk for human consumption containing drug residues, and a penalty shall be imposed. Future sales are prohibited until subsequent testing reveals the milk is free of drug residue. The Grade “A” producer's permit may be reinstated to allow the sale of raw milk for human consumption when a representative sample taken from the producer's raw milk is no longer positive for drug residue. Whenever a drug residue test is positive, a recall shall be initiated and an investigation shall be made to determine the cause. The farm inspection must be completed by the department to determine the cause of the residue and actions taken to prevent future violations, including on-farm changes in procedures necessary to prevent future occurrences as recommended by the department.
O.C.G.A. § 26-2-153 — GA Code / Title 26 / Chapter 2 / Section 26-2-153
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-153
Status: in_force

It shall be unlawful for any person, partnership, firm, company, or corporation to advertise, sell, or offer for sale any quarter, half, three-quarters, or whole animal carcass for use as food for human consumption without disclosing in such advertisement and to the purchaser at the time of sale the minimum number of pounds of retail cuts contained in such quarter, half, three-quarters, or whole animal carcass. In determining the minimum number of pounds of red meat from such carcass, the person, partnership, firm, company, or corporation shall refer to currently effective United States Department of Agriculture charts and tables of yield grades.
O.C.G.A. § 26-2-371 — GA Code / Title 26 / Chapter 2 / Section 26-2-371
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-371
Status: in_force

It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Except as provided for in Code Section 26-2-379 , such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. When a mobile food service establishment has been permitted in any county, that permit shall be recognized by all counties pursuant to Code Section 26-2-379 . Except as provided for in Code Section 26-2-379 , nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments.
O.C.G.A. § 26-2-431 — GA Code / Title 26 / Chapter 2 / Section 26-2-431
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-431
Status: in_force

As used in this article, the term:

(1) “ Claim ” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(1) “ Claim ” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.

(2) “ Federal act ” means the Federal Food, Drug, and Cosmetic Act ( Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).

(2) “ Federal act ” means the Federal Food, Drug, and Cosmetic Act ( Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).

(3) “ Generally known condition allegedly caused by or allegedly likely to result from long-term consumption ” means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption.

(3) “ Generally known condition allegedly caused by or allegedly likely to result from long-term consumption ” means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption.

(4) “ Knowing and willful ” means that: (A) The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (B) The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.

(4) “ Knowing and willful ” means that:

(A) The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and

(A) The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and

(B) The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.

(B) The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.

(5) “ Other person ” means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general.

(5) “ Other person ” means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general.
O.C.G.A. § 26-2-317 — GA Code / Title 26 / Chapter 2 / Section 26-2-317
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-317
Status: in_force

No person shall be permitted as a traveling fish dealer to conduct a business in this state unless he is so equipped with refrigerated and insulated containers and unless his vehicle is so equipped with proper refrigeration or insulation as to provide adequate safeguards to prevent the sale of unsanitary products.
O.C.G.A. § 26-2-83 — GA Code / Title 26 / Chapter 2 / Section 26-2-83
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-83
Status: in_force

(a) The Commissioner is authorized to refuse to provide or to withdraw inspection service under Part 3 of this article and to revoke or suspend any license issued by the Department of Agriculture to any person, firm, or corporation subject to this article who shall violate any of the laws of this state pertaining to the department or any of the rules and regulations of the department promulgated pursuant to such laws, or who is unfit to engage in any business requiring inspection under Part 3 of this article because the applicant or recipient has been convicted in any federal or state court of: (1) Any felony; or (2) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.

(a) The Commissioner is authorized to refuse to provide or to withdraw inspection service under Part 3 of this article and to revoke or suspend any license issued by the Department of Agriculture to any person, firm, or corporation subject to this article who shall violate any of the laws of this state pertaining to the department or any of the rules and regulations of the department promulgated pursuant to such laws, or who is unfit to engage in any business requiring inspection under Part 3 of this article because the applicant or recipient has been convicted in any federal or state court of:

(1) Any felony; or

(1) Any felony; or

(2) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.

(2) More than one violation of any law, other than a felony, based upon the acquiring, handling, or distributing of unwholesome, mislabeled, or deceptively packaged food or upon fraud in connection with transactions in food.

(b) This Code section shall not affect in any way other provisions of this article for withdrawal of inspection services under Part 3 of this article from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat, or meat food products.

(b) This Code section shall not affect in any way other provisions of this article for withdrawal of inspection services under Part 3 of this article from establishments failing to maintain sanitary conditions or to destroy condemned carcasses, parts, meat, or meat food products.

(c) For the purpose of this Code section, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or an employee in a managerial or executive capacity.

(c) For the purpose of this Code section, a person shall be deemed to be responsibly connected with the business if he was a partner, officer, director, holder, or owner of 10 percent or more of its voting stock or an employee in a managerial or executive capacity.
O.C.G.A. § 26-2-232 — GA Code / Title 26 / Chapter 2 / Section 26-2-232
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-232
Status: in_force

(a) The Commissioner is charged with the responsibility of enforcing this article.

(a) The Commissioner is charged with the responsibility of enforcing this article.

(b) It shall be the duty of the Commissioner or his authorized representative: (1) To inspect or cause to be inspected, as often as may be deemed practicable, all creameries, public dairies, condenseries, butter factories, cheese factories, ice cream factories, or any other places where dairy products are produced, manufactured, kept, handled, stored, or sold; (2) To prohibit the production, sale, or distribution of unclean or unwholesome milk, cream, butter, cheese, ice cream, or other dairy products; (3) To condemn for food purposes all unclean or unwholesome dairy products, wherever found; (4) To take samples anywhere of any dairy product or imitation thereof and cause the same to be analyzed or satisfactorily tested; (5) To weigh and test milk, cream, and other dairy products for the purpose of ascertaining the percentage and weight of butterfat or other ingredients contained therein; provided, however, that it shall not be necessary for the Commissioner to perform the tests if they are being performed by an agency of the federal government; (6) To inspect and make tests of any instrument or equipment used in the testing or measuring of milk, cream, or other dairy products; and (7) To compile and publish in print or electronically annually, or at such shorter intervals as he may desire, statistics and information concerning all phases of the dairy industry in this state.

(b) It shall be the duty of the Commissioner or his authorized representative:

(1) To inspect or cause to be inspected, as often as may be deemed practicable, all creameries, public dairies, condenseries, butter factories, cheese factories, ice cream factories, or any other places where dairy products are produced, manufactured, kept, handled, stored, or sold;

(1) To inspect or cause to be inspected, as often as may be deemed practicable, all creameries, public dairies, condenseries, butter factories, cheese factories, ice cream factories, or any other places where dairy products are produced, manufactured, kept, handled, stored, or sold;

(2) To prohibit the production, sale, or distribution of unclean or unwholesome milk, cream, butter, cheese, ice cream, or other dairy products;

(2) To prohibit the production, sale, or distribution of unclean or unwholesome milk, cream, butter, cheese, ice cream, or other dairy products;

(3) To condemn for food purposes all unclean or unwholesome dairy products, wherever found;

(3) To condemn for food purposes all unclean or unwholesome dairy products, wherever found;

(4) To take samples anywhere of any dairy product or imitation thereof and cause the same to be analyzed or satisfactorily tested;

(4) To take samples anywhere of any dairy product or imitation thereof and cause the same to be analyzed or satisfactorily tested;

(5) To weigh and test milk, cream, and other dairy products for the purpose of ascertaining the percentage and weight of butterfat or other ingredients contained therein; provided, however, that it shall not be necessary for the Commissioner to perform the tests if they are being performed by an agency of the federal government;

(5) To weigh and test milk, cream, and other dairy products for the purpose of ascertaining the percentage and weight of butterfat or other ingredients contained therein; provided, however, that it shall not be necessary for the Commissioner to perform the tests if they are being performed by an agency of the federal government;

(6) To inspect and make tests of any instrument or equipment used in the testing or measuring of milk, cream, or other dairy products; and

(6) To inspect and make tests of any instrument or equipment used in the testing or measuring of milk, cream, or other dairy products; and

(7) To compile and publish in print or electronically annually, or at such shorter intervals as he may desire, statistics and information concerning all phases of the dairy industry in this state.

(7) To compile and publish in print or electronically annually, or at such shorter intervals as he may desire, statistics and information concerning all phases of the dairy industry in this state.
O.C.G.A. § 26-2-320 — GA Code / Title 26 / Chapter 2 / Section 26-2-320
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-320
Status: in_force

Any person who violates any provision of this article or any valid rule or regulation promulgated by the Commissioner of Agriculture pursuant to the terms of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not less than 30 days nor more than six months or by a fine of not less than $50.00 nor more than $500.00, or by both fine and imprisonment, in the discretion of the court.
O.C.G.A. § 26-2-200 — GA Code / Title 26 / Chapter 2 / Section 26-2-200
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-200
Status: in_force

As used in this article, the term:

(1) “Commissioner” means the Commissioner of Agriculture.

(1) “Commissioner” means the Commissioner of Agriculture.

(2) “Meat” or “meat products” means the carcass or part of any carcass of any animal or fowl or any by-product thereof in any form.

(2) “Meat” or “meat products” means the carcass or part of any carcass of any animal or fowl or any by-product thereof in any form.

(3) “Meat, poultry, or dairy processing plant” means: any abattoir, slaughterhouse, poultry killing or processing plant, milk depot, milk processing plant, or any other establishment for the killing, storage, dressing, manufacture, preparation, or processing of any animal, fowl, or dairy product or any by-product thereof for human consumption.

(3) “Meat, poultry, or dairy processing plant” means: any abattoir, slaughterhouse, poultry killing or processing plant, milk depot, milk processing plant, or any other establishment for the killing, storage, dressing, manufacture, preparation, or processing of any animal, fowl, or dairy product or any by-product thereof for human consumption.

(4) “Person” means any person, firm, corporation, or association of persons, or combination thereof.

(4) “Person” means any person, firm, corporation, or association of persons, or combination thereof.
O.C.G.A. § 26-2-183 — GA Code / Title 26 / Chapter 2 / Section 26-2-183
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-183
Status: in_force

All animals, poultry, or animal and poultry products suspected of bearing or containing a contaminating residue shall be quarantined or detained at the premises where found until sufficient sampling conducted under the authority of the Commissioner has been completed to determine that the resultant meat or product is wholesome and fit for human consumption. No such animal, poultry, or product shall be moved from quarantine or detention except by order of the Commissioner.
O.C.G.A. § 26-2-32 — GA Code / Title 26 / Chapter 2 / Section 26-2-32
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-32
Status: in_force

(a) It shall be unlawful for any person to package any product and label the product as “honey” or “imitation honey,” or to use the word “honey” in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled “honey” or “imitation honey” or which contains a label with the word “honey” prominently displayed thereon, unless such product is pure honey manufactured by honeybees.

(a) It shall be unlawful for any person to package any product and label the product as “honey” or “imitation honey,” or to use the word “honey” in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled “honey” or “imitation honey” or which contains a label with the word “honey” prominently displayed thereon, unless such product is pure honey manufactured by honeybees.

(b) Any person who violates any provisions of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both.

(b) Any person who violates any provisions of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both.
O.C.G.A. § 26-2-458 — GA Code / Title 26 / Chapter 2 / Section 26-2-458
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-458
Status: in_force

(a) All Grade “A” raw milk for human consumption shall be produced to conform with the following chemical, bacteriological, and temperature standards of this Code section: (1) Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, of the commencement of the first milking, and to 7 degrees Celsius or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10 degrees Celsius. All finished, processed, and packaged raw milk for human consumption shall be maintained at 7 degrees Celsius or less after processing, during storage, and during transportation; (2) Individual producer milk shall not exceed bacteria limits of 20,000 per mL; (3) No positive results on drug residue detection methods required by the department; (4) Individual producer milk shall not exceed a somatic cell count of 500,000 per mL, except individual producer goat milk shall not exceed 1,000,000 per mL; (5) Coliform counts shall not exceed 10 per milliliter; and (6) Individual producer milk shall not contain any organisms of Escherichia coli, including, but not limited to, the 0157:H7 strain, Salmonella, Listeria monocytogenes, or Campylobacter. Pathogenic testing for such organisms shall be conducted with samples taken by the department: (A) Quarterly; (B) Prior to permitting; and (C) In association with any outbreak of a foodborne disease.

(a) All Grade “A” raw milk for human consumption shall be produced to conform with the following chemical, bacteriological, and temperature standards of this Code section:

(1) Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, of the commencement of the first milking, and to 7 degrees Celsius or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10 degrees Celsius. All finished, processed, and packaged raw milk for human consumption shall be maintained at 7 degrees Celsius or less after processing, during storage, and during transportation;

(1) Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, of the commencement of the first milking, and to 7 degrees Celsius or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10 degrees Celsius. All finished, processed, and packaged raw milk for human consumption shall be maintained at 7 degrees Celsius or less after processing, during storage, and during transportation;

(2) Individual producer milk shall not exceed bacteria limits of 20,000 per mL;

(2) Individual producer milk shall not exceed bacteria limits of 20,000 per mL;

(3) No positive results on drug residue detection methods required by the department;

(3) No positive results on drug residue detection methods required by the department;

(4) Individual producer milk shall not exceed a somatic cell count of 500,000 per mL, except individual producer goat milk shall not exceed 1,000,000 per mL;

(4) Individual producer milk shall not exceed a somatic cell count of 500,000 per mL, except individual producer goat milk shall not exceed 1,000,000 per mL;

(5) Coliform counts shall not exceed 10 per milliliter; and

(5) Coliform counts shall not exceed 10 per milliliter; and

(6) Individual producer milk shall not contain any organisms of Escherichia coli, including, but not limited to, the 0157:H7 strain, Salmonella, Listeria monocytogenes, or Campylobacter. Pathogenic testing for such organisms shall be conducted with samples taken by the department: (A) Quarterly; (B) Prior to permitting; and (C) In association with any outbreak of a foodborne disease.

(6) Individual producer milk shall not contain any organisms of Escherichia coli, including, but not limited to, the 0157:H7 strain, Salmonella, Listeria monocytogenes, or Campylobacter. Pathogenic testing for such organisms shall be conducted with samples taken by the department:

(A) Quarterly;

(A) Quarterly;

(B) Prior to permitting; and

(B) Prior to permitting; and

(C) In association with any outbreak of a foodborne disease.

(C) In association with any outbreak of a foodborne disease.

(b) No process or manipulation other than appropriate refrigeration shall be applied to raw milk for human consumption for the purpose of removing or deactivating microorganisms.

(b) No process or manipulation other than appropriate refrigeration shall be applied to raw milk for human consumption for the purpose of removing or deactivating microorganisms.
O.C.G.A. § 26-4-131 — GA Code / Title 26 / Chapter 4 / Section 26-4-131
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-131
Status: in_force

The examination of specimens of foods, drugs, and cosmetics shall be made by the state chemist or under direction of that chemist and supervision for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this title; and, in the case of drugs and cosmetics, if it shall appear from any such examination that any such specimens are adulterated or misbranded within the meaning of this title, a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination under the oath of such analyst or officer, shall be forwarded to the board without delay. If it shall appear to the satisfaction of the board and the Attorney General, in the case of adulterated or misbranded drugs, that the article involved was shipped in interstate commerce or the act complained of comes under the supervision and jurisdiction of the United States, the board shall certify the case to the United States district attorney in whose district the violation may have been committed.
O.C.G.A. § 26-4-86 — GA Code / Title 26 / Chapter 4 / Section 26-4-86
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-86
Status: in_force

(a) The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.

(a) The board shall establish rules and regulations governing the compounding and distribution of drug products by pharmacists, practitioners, and pharmacies licensed or registered by this state. Such rules and regulations shall include provisions ensuring compliance with USP-NF standards.

(b)(1) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title. (2) All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration.

(b)(1) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title.

(b)(1) All drug products compounded and labeled in accordance with board rules regarding pharmaceutical compounding shall be deemed to meet the labeling requirements of Chapter 13 of Title 16 and Chapters 3 and 4 of this title.

(2) All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration.

(2) All drug products compounded by a licensed outsourcing facility shall also be compounded in accordance with applicable current good manufacturing practices established by the federal Food and Drug Administration.

(c) In regards to pharmacists compounding nonpatient-specific sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such nonpatient-specific sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication.

(c) In regards to pharmacists compounding nonpatient-specific sterile drugs to be provided to practitioners to use in patient care or altering or repackaging such drugs for practitioners to use in patient care in the practitioner's office, such nonpatient-specific sterile compounding shall only be conducted by an outsourcing facility and as allowed by applicable federal law and board rule for pharmaceutical compounding using USP-NF standards for sterile compounding. Such sterile drugs may be compounded only in quantities determined by board rule following consultation with the Georgia Composite Medical Board. No Schedule II, III, IV, or V controlled substance, as defined in Article 2 of Chapter 13 of Title 16, shall be eligible for such designation. Nothing in this subsection shall be construed to apply to pharmacies owned or operated by institutions or to pharmacists or practitioners within or employed by an institution or affiliated entity; provided, however, that pharmacies owned or operated by institutions and pharmacists and practitioners within or employed by institutions or affiliated entities shall remain subject to other requirements, rules, and regulations established by the board and the federal Food and Drug Administration governing the compounding of medication.

(d)(1) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding. (2) Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 .

(d)(1) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding.

(d)(1) Practitioners who may lawfully compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 shall comply with all provisions of this Code section and board rules regarding pharmaceutical compounding.

(2) Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 .

(2) Nothing in this Code section shall be construed to prohibit or interfere with the ability of a practitioner to compound drugs for administering or dispensing to their own patients pursuant to Code Section 26-4-130 .
O.C.G.A. § 26-3-7 — GA Code / Title 26 / Chapter 3 / Section 26-3-7
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-7
Status: in_force

A drug or device shall be deemed to be adulterated:

(1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (B) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health; (C) If it is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (D) If it is a drug and it bears or contains for purposes of coloring only a coal-tar color other than one from a batch certified under the authority of the federal act;

(1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance;

(1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance;

(B) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health;

(B) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health;

(C) If it is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or

(C) If it is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or

(D) If it is a drug and it bears or contains for purposes of coloring only a coal-tar color other than one from a batch certified under the authority of the federal act;

(D) If it is a drug and it bears or contains for purposes of coloring only a coal-tar color other than one from a batch certified under the authority of the federal act;

(2) If it purports to be or is represented as a drug the name of which is recognized in an official compendium and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopeia;

(2) If it purports to be or is represented as a drug the name of which is recognized in an official compendium and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopeia;

(3) If it is not subject to the provisions of paragraph (2) of this Code section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or

(3) If it is not subject to the provisions of paragraph (2) of this Code section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or

(4) If it is a drug and any substance has been: (A) Mixed or packed therewith so as to reduce its quality or strength; or (B) Substituted wholly or in part therefor.

(4) If it is a drug and any substance has been:

(A) Mixed or packed therewith so as to reduce its quality or strength; or

(A) Mixed or packed therewith so as to reduce its quality or strength; or

(B) Substituted wholly or in part therefor.

(B) Substituted wholly or in part therefor.
O.C.G.A. § 26-2-64 — GA Code / Title 26 / Chapter 2 / Section 26-2-64
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-64
Status: in_force

Consistent with the Federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without regard to licensing agency.
O.C.G.A. § 26-2-270 — GA Code / Title 26 / Chapter 2 / Section 26-2-270
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-270
Status: in_force

The Commissioner of Agriculture is authorized to enter into reciprocal marketing agreements with other states to vary the labeling requirements provided in this article. Such agreements shall not vary the standards of quality and weights provided in this article, it being the purpose and intent of this Code section to promote and encourage interstate marketing of eggs and to authorize variations of labeling as required in this article where such variations will promote and encourage the marketing of eggs.
O.C.G.A. § 26-5-23 — GA Code / Title 26 / Chapter 5 / Section 26-5-23
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-23
Status: in_force

The Department of Community Health and the Department of Behavioral Health and Developmental Disabilities shall publish an annual report using data from the department's central registry data base on the number of patients in enrolled treatment, the number of patients discharged from treatment, each patient's state of residence, and other information determined by the departments. Such published report shall exclude patient identifying information and be compliant with state and federal laws.
O.C.G.A. § 26-2-20 — GA Code / Title 26 / Chapter 2 / Section 26-2-20
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-20
Status: in_force

This article may be cited as the “Georgia Food Act.”
O.C.G.A. § 26-4-116-4 — GA Code / Title 26 / Chapter 4 / Section 26-4-116-4
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-116.4
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 undesignated ready-to-use glucagon in the name of a public or private school for use in accordance with Code Section 20-2-779 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant.

(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 undesignated ready-to-use glucagon in the name of a public or private school for use in accordance with Code Section 20-2-779 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant.

(b) A pharmacist may dispense undesignated ready-to-use glucagon pursuant to a prescription issued in accordance with subsection (a) of this Code section.

(b) A pharmacist may dispense undesignated ready-to-use glucagon pursuant to a prescription issued in accordance with subsection (a) of this Code section.
O.C.G.A. § 26-2-393 — GA Code / Title 26 / Chapter 2 / Section 26-2-393
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-393
Status: in_force

The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's consent may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users.
O.C.G.A. § 26-2-107 — GA Code / Title 26 / Chapter 2 / Section 26-2-107
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-107
Status: in_force

(a) When any meat or meat food product which has been inspected as provided for in Code Sections 26-2-102 through 26-2-106 , and marked as “Inspected and Passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under this article is maintained, the person, firm, or corporation preparing said product shall attach a label to said can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been “Inspected and Passed” under this article. No inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas, or other receptacles or coverings in any establishment where inspection under this article is maintained shall be deemed to be complete until such meat or meat food products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

(a) When any meat or meat food product which has been inspected as provided for in Code Sections 26-2-102 through 26-2-106 , and marked as “Inspected and Passed” shall be placed or packed in any can, pot, tin, canvas, or other receptacle or covering in any establishment where inspection under this article is maintained, the person, firm, or corporation preparing said product shall attach a label to said can, pot, tin, canvas, or other receptacle or covering, under supervision of an inspector, which label shall state that the contents thereof have been “Inspected and Passed” under this article. No inspection and examination of meat or meat food products deposited or enclosed in cans, tins, pots, canvas, or other receptacles or coverings in any establishment where inspection under this article is maintained shall be deemed to be complete until such meat or meat food products have been sealed or enclosed in said can, tin, pot, canvas, or other receptacle or covering under the supervision of an inspector.

(b) All carcasses, parts of carcasses, meat, and meat food products inspected at any establishment under the authority of this article and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Commissioner may require, the information required under paragraph (13) of Code Section 26-2-62 .

(b) All carcasses, parts of carcasses, meat, and meat food products inspected at any establishment under the authority of this article and found to be not adulterated shall at the time they leave the establishment bear, in distinctly legible form, directly thereon or on their containers, as the Commissioner may require, the information required under paragraph (13) of Code Section 26-2-62 .

(c) The Commissioner, whenever he determines such action is necessary for the protection of the public, may prescribe the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any articles or animals subject to this part or to Part 4 of this article; definitions and standards of identity or composition for articles subject to this part and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act 1 or under the Federal Meat Inspection Act; 2 and there shall be consultation between the Commissioner and the secretary of agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the federal standards.

(c) The Commissioner, whenever he determines such action is necessary for the protection of the public, may prescribe the styles and sizes of type to be used with respect to material required to be incorporated in labeling to avoid false or misleading labeling of any articles or animals subject to this part or to Part 4 of this article; definitions and standards of identity or composition for articles subject to this part and standards of fill of container for such articles not inconsistent with any such standards established under the Federal Food, Drug, and Cosmetic Act 1 or under the Federal Meat Inspection Act; 2 and there shall be consultation between the Commissioner and the secretary of agriculture of the United States prior to the issuance of such standards to avoid inconsistency between such standards and the federal standards.

(d) No article subject to this part shall be sold or offered for sale by any person, firm, or corporation under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Commissioner are permitted.

(d) No article subject to this part shall be sold or offered for sale by any person, firm, or corporation under any name or other marking or labeling which is false or misleading, or in any container of a misleading form or size. Established trade names and other marking and labeling and containers which are not false or misleading and which are approved by the Commissioner are permitted.

(e) If the Commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this part is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling, or container does not accept the determination of the Commissioner, such person, firm, or corporation may request a hearing; but the use of the marking, labeling, or container shall, if the Commissioner so directs, be withheld pending hearing and final determination by the Commissioner. Any hearing conducted pursuant to this subsection shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

(e) If the Commissioner has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this part is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person, firm, or corporation using or proposing to use the marking, labeling, or container does not accept the determination of the Commissioner, such person, firm, or corporation may request a hearing; but the use of the marking, labeling, or container shall, if the Commissioner so directs, be withheld pending hearing and final determination by the Commissioner. Any hearing conducted pursuant to this subsection shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

1 21 U.S.C.A. § 301 et seq.

2 21 U.S.C.A. § 601 et seq.
O.C.G.A. § 26-2-2 — GA Code / Title 26 / Chapter 2 / Section 26-2-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-2
Status: in_force

(a) All meat, meat products, fish, and poultry offered or exposed for sale or sold commercially shall be sold by net weight only except when sold for immediate consumption on the premises or when sold as a cooked food but not in a package or when sold for breeding purposes or when sold as pets or for other purposes than for human or animal consumption.

(a) All meat, meat products, fish, and poultry offered or exposed for sale or sold commercially shall be sold by net weight only except when sold for immediate consumption on the premises or when sold as a cooked food but not in a package or when sold for breeding purposes or when sold as pets or for other purposes than for human or animal consumption.

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

(b) Any person who violates this Code section shall be guilty of a misdemeanor.
O.C.G.A. § 26-2-453 — GA Code / Title 26 / Chapter 2 / Section 26-2-453
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-453
Status: repealed

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

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

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

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

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

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

(3) Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.
O.C.G.A. § 26-2-311 — GA Code / Title 26 / Chapter 2 / Section 26-2-311
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-311
Status: in_force

It shall be the duty of the Commissioner of Agriculture to administer this article.
O.C.G.A. § 26-4-1 — GA Code / Title 26 / Chapter 4 / Section 26-4-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-1
Status: in_force

This chapter shall be known and may be cited as the “Georgia Pharmacy Practice Act.”
O.C.G.A. § 26-4-48 — GA Code / Title 26 / Chapter 4 / Section 26-4-48
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-48
Status: in_force

Licenses issued pursuant to Code Section 26-4-46 which shall expire by lapse of time may be renewed upon application, unless, at the time of expiration, there shall be pending action before the board to suspend or revoke such license.
O.C.G.A. § 26-2-29 — GA Code / Title 26 / Chapter 2 / Section 26-2-29
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-29
Status: in_force

(a) An advertisement of a food shall be deemed to be false if it is misleading in any particular.

(a) An advertisement of a food shall be deemed to be false if it is misleading in any particular.

(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading: (1) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food; (2) Using deceptive representations or designations of geographic origin in connection with food; (3) Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have; (4) Representing that food is of a particular standard, quality, or grade if it is not; or (5) Making false or misleading statements concerning the food of another.

(b) By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading:

(1) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;

(1) Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;

(2) Using deceptive representations or designations of geographic origin in connection with food;

(2) Using deceptive representations or designations of geographic origin in connection with food;

(3) Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(3) Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;

(4) Representing that food is of a particular standard, quality, or grade if it is not; or

(4) Representing that food is of a particular standard, quality, or grade if it is not; or

(5) Making false or misleading statements concerning the food of another.

(5) Making false or misleading statements concerning the food of another.
O.C.G.A. § 26-2-30 — GA Code / Title 26 / Chapter 2 / Section 26-2-30
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-30
Status: in_force

If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statements, words, designs, devices, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.
O.C.G.A. § 26-2-110-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-110-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-110.1
Status: in_force

(a) For purposes of this article, the following methods of slaughtering and handling are declared to be humane: (1) In the case of cattle, calves, horses, mules, sheep, swine, nontraditional livestock, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or (2) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(a) For purposes of this article, the following methods of slaughtering and handling are declared to be humane:

(1) In the case of cattle, calves, horses, mules, sheep, swine, nontraditional livestock, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or

(1) In the case of cattle, calves, horses, mules, sheep, swine, nontraditional livestock, rabbits, and other livestock, all animals are to be rendered insensible to pain by a single blow or gunshot or by an electrical, chemical, or other means which is rapid and effective before being shackled, hoisted, thrown, cast, or cut; or

(2) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(2) By slaughtering and handling in connection with such slaughtering in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument.

(b) In addition to the methods prescribed in subsection (a) of this Code section, the Commissioner may designate as humane any methods of slaughtering and handling which have been so designated by the United States secretary of agriculture on or before April 7, 1981, pursuant to United States Code Section 7 - 1904 . The Commissioner is further authorized to designate as humane other methods of slaughtering and handling which have been demonstrated by research, investigation, and experimentation to be humane with reference to the speed and scope of slaughtering operations and with reference to other existing methods and then current scientific knowledge.

(b) In addition to the methods prescribed in subsection (a) of this Code section, the Commissioner may designate as humane any methods of slaughtering and handling which have been so designated by the United States secretary of agriculture on or before April 7, 1981, pursuant to United States Code Section 7 - 1904 . The Commissioner is further authorized to designate as humane other methods of slaughtering and handling which have been demonstrated by research, investigation, and experimentation to be humane with reference to the speed and scope of slaughtering operations and with reference to other existing methods and then current scientific knowledge.
O.C.G.A. § 26-2-274 — GA Code / Title 26 / Chapter 2 / Section 26-2-274
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-274
Status: in_force

Any person, firm, or corporation who violates any provisions of this article shall be guilty of a misdemeanor. It shall be the duty of the prosecuting attorney of the appropriate court to prosecute all persons charged with the violation of this article as soon as the evidence has been transmitted to them by the Commissioner of Agriculture.
O.C.G.A. § 26-5-3 — GA Code / Title 26 / Chapter 5 / Section 26-5-3
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-3
Status: in_force

As used in this article, the term:

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

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

(2) “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in the following types of facilities: (A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who live on the premises; and (B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who do not live on the premises.

(2) “Drug abuse treatment and education program” means any system of treatment or therapeutic advice or counsel provided for the rehabilitation of drug dependent persons and shall include programs offered in the following types of facilities:

(A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who live on the premises; and

(A) Residential care centers. A facility staffed by professional and paraprofessional persons offering treatment or therapeutic programs for drug dependent persons who live on the premises; and

(B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who do not live on the premises.

(B) Nonresidential care centers. A non-live-in facility, staffed by professional and paraprofessional persons, offering treatment or therapeutic programs for drug dependent persons who do not live on the premises.

(3) “Drug dependent person” means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted.

(3) “Drug dependent person” means a person who is in imminent danger of becoming dependent upon or addicted to the use of drugs or who habitually lacks self-control as to the use of drugs or who uses drugs to the extent that his health is substantially impaired or endangered or his social or economic function is substantially disrupted.

(4) “Drugs” means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivatives.

(4) “Drugs” means any substance defined as a drug by federal or Georgia law or any other chemical substance which may be used in lieu of a drug to obtain similar effects, with the exception of alcohol and its derivatives.

(5) “Governing body” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation.

(5) “Governing body” means the county board of health, the partnership, the corporation, the association, or the person or group of persons who maintains and controls the program and who is legally responsible for the operation.

(6) “License” means the official permit issued by the director which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein.

(6) “License” means the official permit issued by the director which authorizes the holder to operate a drug abuse treatment and education program for the term provided therein.

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

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

(8) “Program” means the drug abuse treatment and education program.

(8) “Program” means the drug abuse treatment and education program.
O.C.G.A. § 26-2-260 — GA Code / Title 26 / Chapter 2 / Section 26-2-260
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-260
Status: in_force

As used in this article, the term:

(1) “Cold storage” means protected storage in a refrigerated place.

(1) “Cold storage” means protected storage in a refrigerated place.

(2) “Commerce” means interstate, foreign, or intrastate commerce.

(2) “Commerce” means interstate, foreign, or intrastate commerce.

(3) “Commissioner” means the Commissioner of Agriculture of the State of Georgia.

(3) “Commissioner” means the Commissioner of Agriculture of the State of Georgia.

(4) “Department” means the Department of Agriculture of the State of Georgia.

(4) “Department” means the Department of Agriculture of the State of Georgia.

(5) “Egg” means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.

(5) “Egg” means the shell egg of the domesticated chicken, turkey, duck, goose, or guinea.

(6) “Egg handler” means any person who engages in any business in commerce which involves buying or selling any eggs, as a poultry producer or otherwise, processing any egg products, or otherwise using any eggs in the preparation of human food.

(6) “Egg handler” means any person who engages in any business in commerce which involves buying or selling any eggs, as a poultry producer or otherwise, processing any egg products, or otherwise using any eggs in the preparation of human food.

(7) “Egg product” means any dried, frozen, or liquid eggs, with or without added ingredients, except products which contain eggs only in a relatively small proportion or which historically have not been considered by consumers as products of the egg food industry.

(7) “Egg product” means any dried, frozen, or liquid eggs, with or without added ingredients, except products which contain eggs only in a relatively small proportion or which historically have not been considered by consumers as products of the egg food industry.

(8) “Quality” means the inherent properties of any product which determine its relative degree of excellence.

(8) “Quality” means the inherent properties of any product which determine its relative degree of excellence.

(9) “Wholesaler” means any person, firm, corporation, association, dealer, or broker selling or offering for sale, in or into this state, more than five cases of eggs in any one week.

(9) “Wholesaler” means any person, firm, corporation, association, dealer, or broker selling or offering for sale, in or into this state, more than five cases of eggs in any one week.
O.C.G.A. § 26-2-36 — GA Code / Title 26 / Chapter 2 / Section 26-2-36
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-36
Status: in_force

(a) The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes: (1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 26-2-27.1 , to determine if any of the provisions of this article are being violated; and (2) Of securing samples or specimens of any food, after paying or offering to pay for such sample.

(a) The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:

(1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 26-2-27.1 , to determine if any of the provisions of this article are being violated; and

(1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 26-2-27.1 , to determine if any of the provisions of this article are being violated; and

(2) Of securing samples or specimens of any food, after paying or offering to pay for such sample.

(2) Of securing samples or specimens of any food, after paying or offering to pay for such sample.

(b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated.

(b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated.
O.C.G.A. § 26-2-80 — GA Code / Title 26 / Chapter 2 / Section 26-2-80
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-80
Status: in_force

The Commissioner is authorized to promulgate, from time to time, such regulations as are necessary to effectuate the purpose of this article.
O.C.G.A. § 26-4-200 — GA Code / Title 26 / Chapter 4 / Section 26-4-200
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-200
Status: in_force

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

This article shall be known and may be cited as the “Prescription Medication Integrity Act.”
O.C.G.A. § 26-2-157 — GA Code / Title 26 / Chapter 2 / Section 26-2-157
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-157
Status: in_force

No horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words “HORSE MEAT FOR SALE.” No sausage, ground meat, canned, or processed meat containing horse meat shall be sold for human consumption unless the package bears a label stating the proportionate amount of horse meat contained therein and unless there is likewise kept and maintained in a conspicuous place a sign showing that the meat offered for sale contains horse meat.
O.C.G.A. § 26-2-151 — GA Code / Title 26 / Chapter 2 / Section 26-2-151
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-151
Status: in_force

The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations necessary or convenient to carry out Code Section 26-2-150 , this Code section, and Code Sections 26-2-152 through 26-2-154 and to prevent the deceptive advertising of meat.
O.C.G.A. § 26-2-351 — GA Code / Title 26 / Chapter 2 / Section 26-2-351
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-351
Status: in_force

(a) In addition to complying with the food laws of this state, no person shall manufacture or bottle any soft drink or soft drink syrup within this state unless he or she has a current food sales establishment license from the Commissioner.

(a) In addition to complying with the food laws of this state, no person shall manufacture or bottle any soft drink or soft drink syrup within this state unless he or she has a current food sales establishment license from the Commissioner.

(b) Each place of business or bottling or manufacturing plant shall be required to obtain a separate license.

(b) Each place of business or bottling or manufacturing plant shall be required to obtain a separate license.
O.C.G.A. § 26-2-24 — GA Code / Title 26 / Chapter 2 / Section 26-2-24
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-24
Status: in_force

Any person who violates Code Section 26-2-22 shall be guilty of a misdemeanor, provided that:

(1) No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section 26-2-22 if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article;

(1) No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section 26-2-22 if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article;

(2) No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and

(2) No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and

(3) If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section 26-2-22 by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section 26-2-38 shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years.

(3) If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section 26-2-22 by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section 26-2-38 shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years.
O.C.G.A. § 26-2-411 — GA Code / Title 26 / Chapter 2 / Section 26-2-411
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-411
Status: in_force

(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1 .

(b) As a condition for retaining a license issued pursuant to this article, a mobile vehicle shall be inspected by the department a minimum of once every six months and a stamp, seal, or other marking showing the date of such inspection shall be affixed to the license by the department or its inspector. There shall be no charge or fee for such semi-annual inspection stamp, seal, or other marking. It shall be the duty of the owner or operator of each mobile vehicle licensed or required to be licensed under this article to make such mobile vehicle available to the department for inspection a minimum of once every six months at a reasonable time and place specified by the department. Said place shall be within 100 miles of the county in which the license is issued.

(b) As a condition for retaining a license issued pursuant to this article, a mobile vehicle shall be inspected by the department a minimum of once every six months and a stamp, seal, or other marking showing the date of such inspection shall be affixed to the license by the department or its inspector. There shall be no charge or fee for such semi-annual inspection stamp, seal, or other marking. It shall be the duty of the owner or operator of each mobile vehicle licensed or required to be licensed under this article to make such mobile vehicle available to the department for inspection a minimum of once every six months at a reasonable time and place specified by the department. Said place shall be within 100 miles of the county in which the license is issued.
O.C.G.A. § 26-4-179 — GA Code / Title 26 / Chapter 4 / Section 26-4-179
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-179
Status: in_force

Nothing in this article shall be construed to repeal the authority of the Department of Natural Resources to regulate the use of radioactive materials.
O.C.G.A. § 26-2-160 — GA Code / Title 26 / Chapter 2 / Section 26-2-160
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-160
Status: in_force

It shall be unlawful for any person, firm, or corporation to distribute or offer for sale for human consumption any dog meat in the State of Georgia; and all dog meat sold in this state for any purpose, other than human consumption, shall be sold in packages only. The packages shall carry a label showing the contents, for what use it is intended, and stating that said contents are “NOT FOR HUMAN CONSUMPTION.” The words “not for human consumption” shall be in conspicuous type.
O.C.G.A. § 26-2-295 — GA Code / Title 26 / Chapter 2 / Section 26-2-295
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-295
Status: in_force

It shall be unlawful to sell or offer for sale in this state any enriched flour, enriched bread, enriched degerminated corn meal, or enriched degerminated hominy grits which, if wrapped, fails to conform to the labeling requirements of the Commissioner of Agriculture.
O.C.G.A. § 26-4-203 — GA Code / Title 26 / Chapter 4 / Section 26-4-203
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-203
Status: in_force

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

(a) If the board finds that there is a reasonable probability that: (1) A wholesale distributor, other than a manufacturer, has: (A) Violated a provision of this article; or (B) Falsified a pedigree, provided a falsified pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use; (2) The prescription drug at issue in subparagraph (B) of paragraph (1) of this subsection could cause serious, adverse health consequences or death; and (3) Other procedures would result in unreasonable delay, the board shall issue an order requiring the appropriate person including the distributors or retailers of the prescription drug to immediately cease distribution of the prescription drug in or to this state.

(a) If the board finds that there is a reasonable probability that:

(1) A wholesale distributor, other than a manufacturer, has: (A) Violated a provision of this article; or (B) Falsified a pedigree, provided a falsified pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;

(1) A wholesale distributor, other than a manufacturer, has:

(A) Violated a provision of this article; or

(A) Violated a provision of this article; or

(B) Falsified a pedigree, provided a falsified pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;

(B) Falsified a pedigree, provided a falsified pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;

(2) The prescription drug at issue in subparagraph (B) of paragraph (1) of this subsection could cause serious, adverse health consequences or death; and

(2) The prescription drug at issue in subparagraph (B) of paragraph (1) of this subsection could cause serious, adverse health consequences or death; and

(3) Other procedures would result in unreasonable delay,

(3) Other procedures would result in unreasonable delay,

the board shall issue an order requiring the appropriate person including the distributors or retailers of the prescription drug to immediately cease distribution of the prescription drug in or to this state.

(b) An order under subsection (a) of this Code section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten calendar days after the date of the issuance of the order, on the actions required by the order. If, after such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.

(b) An order under subsection (a) of this Code section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten calendar days after the date of the issuance of the order, on the actions required by the order. If, after such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.
O.C.G.A. § 26-2-30-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-30-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-30.1
Status: in_force

(a) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from which such beef was produced.

(a) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from which such beef was produced.

(b) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations and to establish standards for the labeling and certification of beef as “Georgia lean.”

(b) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations and to establish standards for the labeling and certification of beef as “Georgia lean.”
O.C.G.A. § 26-3-15 — GA Code / Title 26 / Chapter 3 / Section 26-3-15
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-15
Status: in_force

The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.
O.C.G.A. § 26-2-205 — GA Code / Title 26 / Chapter 2 / Section 26-2-205
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-205
Status: in_force

The Commissioner is authorized to adopt and maintain an adequate system of wholesomeness inspection as to all meat, poultry, or dairy products offered for sale in this state. He shall be authorized to employ or designate qualified personnel necessary to maintain such inspection program. The Commissioner is authorized to require an ante mortem and post-mortem inspection of all livestock slaughtered by licensees under this article for sale as food in this state. He shall be authorized to adopt an appropriate marking system so as to identify those carcasses of animals inspected and passed as fit for human consumption. The Commissioner is authorized to adopt standards and specifications for meat, poultry, and dairy products and the processing thereof. Nothing contained in this Code section shall be applicable to any person slaughtering livestock or poultry or processing meat, poultry, or dairy products for home consumption.
O.C.G.A. § 26-2-452 — GA Code / Title 26 / Chapter 2 / Section 26-2-452
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-452
Status: in_force

(a) The Commissioner is charged with the responsibility of enforcing this article.

(a) The Commissioner is charged with the responsibility of enforcing this article.

(b) It shall be the duty of the Commissioner or his or her authorized representative: (1) To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for human consumption is produced, manufactured, kept, handled, stored, or sold; (2) To prohibit the production, sale, or distribution of unclean or unwholesome raw milk for human consumption; (3) To condemn for food purposes all unclean or unwholesome raw milk for human consumption, wherever found; (4) To take samples anywhere of any raw milk for human consumption or imitation thereof and cause the same to be analyzed or satisfactorily tested; (5) To weigh and test raw milk for human consumption; and (6) To compile and publish in print or electronically annually, or at such shorter intervals as he or she may desire, statistics and information concerning all phases of the raw dairy industry in this state.

(b) It shall be the duty of the Commissioner or his or her authorized representative:

(1) To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for human consumption is produced, manufactured, kept, handled, stored, or sold;

(1) To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for human consumption is produced, manufactured, kept, handled, stored, or sold;

(2) To prohibit the production, sale, or distribution of unclean or unwholesome raw milk for human consumption;

(2) To prohibit the production, sale, or distribution of unclean or unwholesome raw milk for human consumption;

(3) To condemn for food purposes all unclean or unwholesome raw milk for human consumption, wherever found;

(3) To condemn for food purposes all unclean or unwholesome raw milk for human consumption, wherever found;

(4) To take samples anywhere of any raw milk for human consumption or imitation thereof and cause the same to be analyzed or satisfactorily tested;

(4) To take samples anywhere of any raw milk for human consumption or imitation thereof and cause the same to be analyzed or satisfactorily tested;

(5) To weigh and test raw milk for human consumption; and

(5) To weigh and test raw milk for human consumption; and

(6) To compile and publish in print or electronically annually, or at such shorter intervals as he or she may desire, statistics and information concerning all phases of the raw dairy industry in this state.

(6) To compile and publish in print or electronically annually, or at such shorter intervals as he or she may desire, statistics and information concerning all phases of the raw dairy industry in this state.
O.C.G.A. § 26-5-44 — GA Code / Title 26 / Chapter 5 / Section 26-5-44
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-44
Status: in_force

No governing body shall operate a narcotic treatment program without having a valid license or provisional license issued pursuant to this article.
O.C.G.A. § 26-2-231 — GA Code / Title 26 / Chapter 2 / Section 26-2-231
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-231
Status: reserved

(a) As used in this article, the term: (1) “ Commissioner ” means the Commissioner of Agriculture for the State of Georgia. (2) “ Cream tester ” means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products. (3) “ Dairy manufacturing plants ” means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter. (4) “ Department ” means the Department of Agriculture of the State of Georgia. (5) Reserved. (6) Reserved. (7) “ Manufactured milk products ” means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result. (8) Reserved. (9) Reserved. (10) “ Person ” means any individual, partnership, firm, company, or corporation. (11) “ Public dairies ” means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail. (12) “ Raw whole milk for manufacturing purposes ” means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk. (13) Reserved. (14) “ Ungraded milk ” means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk, raw whole milk for manufacturing purposes as defined in this article, or raw milk for human consumption, as provided for in Article 18 of this chapter.

(a) As used in this article, the term:

(1) “ Commissioner ” means the Commissioner of Agriculture for the State of Georgia.

(1) “ Commissioner ” means the Commissioner of Agriculture for the State of Georgia.

(2) “ Cream tester ” means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products.

(2) “ Cream tester ” means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products.

(3) “ Dairy manufacturing plants ” means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter.

(3) “ Dairy manufacturing plants ” means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter.

(4) “ Department ” means the Department of Agriculture of the State of Georgia.

(4) “ Department ” means the Department of Agriculture of the State of Georgia.

(5) Reserved.

(5) Reserved.

(6) Reserved.

(6) Reserved.

(7) “ Manufactured milk products ” means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result.

(7) “ Manufactured milk products ” means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result.

(8) Reserved.

(8) Reserved.

(9) Reserved.

(9) Reserved.

(10) “ Person ” means any individual, partnership, firm, company, or corporation.

(10) “ Person ” means any individual, partnership, firm, company, or corporation.

(11) “ Public dairies ” means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail.

(11) “ Public dairies ” means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail.

(12) “ Raw whole milk for manufacturing purposes ” means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk.

(12) “ Raw whole milk for manufacturing purposes ” means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk.

(13) Reserved.

(13) Reserved.

(14) “ Ungraded milk ” means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk, raw whole milk for manufacturing purposes as defined in this article, or raw milk for human consumption, as provided for in Article 18 of this chapter.

(14) “ Ungraded milk ” means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk, raw whole milk for manufacturing purposes as defined in this article, or raw milk for human consumption, as provided for in Article 18 of this chapter.

(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 2001, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service--Food and Drug Administration and supplements thereto: (1) “Grade A buttermilk”; (2) “Grade A chocolate milk”; (3) “Grade A milk, pasteurized”; (4) “Grade A modified solids milk”; (5) “Grade A skim milk”; (6) “Grade A whole milk”; (7) “Pasteurization”; and (8) “Raw cow's milk.”

(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 2001, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service--Food and Drug Administration and supplements thereto:

(1) “Grade A buttermilk”;

(1) “Grade A buttermilk”;

(2) “Grade A chocolate milk”;

(2) “Grade A chocolate milk”;

(3) “Grade A milk, pasteurized”;

(3) “Grade A milk, pasteurized”;

(4) “Grade A modified solids milk”;

(4) “Grade A modified solids milk”;

(5) “Grade A skim milk”;

(5) “Grade A skim milk”;

(6) “Grade A whole milk”;

(6) “Grade A whole milk”;

(7) “Pasteurization”; and

(7) “Pasteurization”; and

(8) “Raw cow's milk.”

(8) “Raw cow's milk.”

(c) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in “Frozen Desserts,” 21 C.F.R. Sec. 135.3 , 21 C.F.R. Sec. 135.110 -- 135.160 (1979): (1) “Ice cream”; (2) “Frozen custard”; (3) Reserved; (4) “Sherbet”; and (5) “Water ices.”

(c) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in “Frozen Desserts,” 21 C.F.R. Sec. 135.3 , 21 C.F.R. Sec. 135.110 -- 135.160 (1979):

(1) “Ice cream”;

(1) “Ice cream”;

(2) “Frozen custard”;

(2) “Frozen custard”;

(3) Reserved;

(3) Reserved;

(4) “Sherbet”; and

(4) “Sherbet”; and

(5) “Water ices.”

(5) “Water ices.”
O.C.G.A. § 26-5-52 — GA Code / Title 26 / Chapter 5 / Section 26-5-52
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-52
Status: in_force

Each licensee shall permit the authorized department representatives to enter upon and inspect any and all premises upon or in which a program is to be conducted or for which a license has been applied so that verification of compliance with all relevant laws or regulations can be made.
O.C.G.A. § 26-2-86 — GA Code / Title 26 / Chapter 2 / Section 26-2-86
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-86
Status: in_force

In addition to other remedies provided for in this article, the Commissioner is authorized to apply to the superior court of the appropriate 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 any provision of this article, notwithstanding whether or not there exists an adequate remedy at law or the fact that the conduct sought to be enjoined is in violation of the criminal provisions of this article.
O.C.G.A. § 26-2-110 — GA Code / Title 26 / Chapter 2 / Section 26-2-110
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-110
Status: in_force

No person, firm, or corporation shall, with respect to any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines, or any carcasses, parts of carcasses, meat, or meat food products of any such animals:

(1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with this article;

(1) Slaughter any such animals or prepare any such articles which are capable of use as human food, at any establishment preparing such articles for commerce except in compliance with this article;

(2) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Code Section 26-2-110.1 ;

(2) Slaughter or handle in connection with such slaughter any such animals in any manner not declared to be humane under Code Section 26-2-110.1 ;

(3) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce: (A) Any such articles which: (i) Are capable of use as human food; and (ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or (B) Any articles required to be inspected under this part unless they have been so inspected and passed; or

(3) Sell, transport, offer for sale or transportation, or receive for transportation, in commerce:

(A) Any such articles which: (i) Are capable of use as human food; and (ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or

(A) Any such articles which:

(i) Are capable of use as human food; and

(i) Are capable of use as human food; and

(ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or

(ii) Are adulterated or misbranded at the time of such sale, transportation, offer for sale or transportation, or receipt for transportation; or

(B) Any articles required to be inspected under this part unless they have been so inspected and passed; or

(B) Any articles required to be inspected under this part unless they have been so inspected and passed; or

(4) With respect to any such articles which are capable of use as human food, do any act while they are being transported in commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.

(4) With respect to any such articles which are capable of use as human food, do any act while they are being transported in commerce or held for sale after such transportation which is intended to cause or has the effect of causing such articles to be adulterated or misbranded.
O.C.G.A. § 26-2-248 — GA Code / Title 26 / Chapter 2 / Section 26-2-248
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-248
Status: in_force

Any person, firm, or corporation subject to this article and the other milk laws of this state who violates any of said provisions or any valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for cause shown the superior court having jurisdiction of the defendant in any such action may grant, injunctive relief, by interlocutory injunction, permanent injunction, or temporary restraining order, as the circumstances may warrant. The proceeding may be maintained notwithstanding the pendency of any civil action and notwithstanding the pendency of or conviction in a criminal proceeding arising from the same transaction. Such action may be maintained without bond. The purpose of this Code section is to create a statutory cause of action by way of injunction, and the Commissioner is authorized to bring such proceedings in the same form and manner and in the same court as other equitable proceedings may be brought. This remedy is not exclusive but is cumulative of other remedies afforded to protect the consuming public from unwholesome products which are economic frauds.