O.C.G.A. § 26-4-5 — GA Code / Title 26 / Chapter 4 / Section 26-4-5
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-5
Status: reserved

As used in this chapter, the term:

(1) “ Administer ” or “ administration ” means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts.

(1) “ Administer ” or “ administration ” means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts.

(1.05) “ Authorized ” means, in the case of a wholesale distributor, having a valid license pursuant to this chapter or 21 U.S.C. Section 360eee-1(a)(6) and complying with the licensure reporting requirements under 21 U.S.C. Section 360eee-3(b) .

(1.05) “ Authorized ” means, in the case of a wholesale distributor, having a valid license pursuant to this chapter or 21 U.S.C. Section 360eee-1(a)(6) and complying with the licensure reporting requirements under 21 U.S.C. Section 360eee-3(b) .

(1.1) “ Biological product ” means a biological product as defined in subsection (i) of section 351 of the Public Health Service Act, 42 U.S.C. Section 262 .

(1.1) “ Biological product ” means a biological product as defined in subsection (i) of section 351 of the Public Health Service Act, 42 U.S.C. Section 262 .

(2) “ Board of pharmacy ” or “ board ” means the Georgia State Board of Pharmacy.

(2) “ Board of pharmacy ” or “ board ” means the Georgia State Board of Pharmacy.

(3) “ Brand name drug ” means the proprietary, specialty, or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label, or wrapping at the time of packaging.

(3) “ Brand name drug ” means the proprietary, specialty, or trade name used by a drug manufacturer for a generic drug and placed upon the drug, its container, label, or wrapping at the time of packaging.

(3.1) “ Cognizant member ” means that member of the Georgia State Board of Pharmacy who is charged with conducting investigative interviews relating to investigations involving licensees, registrants, and permit holders.

(3.1) “ Cognizant member ” means that member of the Georgia State Board of Pharmacy who is charged with conducting investigative interviews relating to investigations involving licensees, registrants, and permit holders.

(4) “ Compounding ” means the preparation, mixing, assembling, packaging, or labeling of a drug by a pharmacist or pharmacy licensed or registered by the board or by a practitioner in compliance with rules established by the board regarding pharmaceutical compounding: (A) As the result of a practitioner's prescription drug order or initiative for a specific patient based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice; (B) For use by a practitioner in the administration of a dangerous drug or controlled substance to a patient in his or her professional practice office or setting; (C) For use within the hospital or health system in which the pharmacy is located or in which the practitioner or pharmacist practices or for use within clinics or other entities owned or operated by such hospital or health system; or (D) For the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing. Compounding also includes the preparation of drugs in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns.

(4) “ Compounding ” means the preparation, mixing, assembling, packaging, or labeling of a drug by a pharmacist or pharmacy licensed or registered by the board or by a practitioner in compliance with rules established by the board regarding pharmaceutical compounding:

(A) As the result of a practitioner's prescription drug order or initiative for a specific patient based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice;

(A) As the result of a practitioner's prescription drug order or initiative for a specific patient based on the relationship between the practitioner, patient, and pharmacist in the course of professional practice;

(B) For use by a practitioner in the administration of a dangerous drug or controlled substance to a patient in his or her professional practice office or setting;

(B) For use by a practitioner in the administration of a dangerous drug or controlled substance to a patient in his or her professional practice office or setting;

(C) For use within the hospital or health system in which the pharmacy is located or in which the practitioner or pharmacist practices or for use within clinics or other entities owned or operated by such hospital or health system; or

(C) For use within the hospital or health system in which the pharmacy is located or in which the practitioner or pharmacist practices or for use within clinics or other entities owned or operated by such hospital or health system; or

(D) For the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing.

(D) For the purpose of, or as an incident to, research, teaching, or chemical analysis and not for sale or dispensing.

Compounding also includes the preparation of drugs in anticipation of prescription drug orders based on routine and regularly observed prescribing patterns.

(5) “ Confidential information ” means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient or, as the patient directs, to those practitioners and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well-being; and to such other persons or governmental agencies authorized by law to receive such confidential information.

(5) “ Confidential information ” means information maintained by the pharmacist in the patient's records or which is communicated to the patient as part of patient counseling which is privileged and may be released only to the patient or, as the patient directs, to those practitioners and other pharmacists where, in the pharmacist's professional judgment, such release is necessary to protect the patient's health and well-being; and to such other persons or governmental agencies authorized by law to receive such confidential information.

(6) “ Controlled substance ” means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 , Schedules I through V of 21 C.F.R. Part 1308 , or both.

(6) “ Controlled substance ” means a drug, substance, or immediate precursor in Schedules I through V of Code Sections 16-13-25 through 16-13-29 , Schedules I through V of 21 C.F.R. Part 1308 , or both.

(7) “ Dangerous drug ” means any drug, substance, medicine, or medication as defined in Code Section 16-13-71 .

(7) “ Dangerous drug ” means any drug, substance, medicine, or medication as defined in Code Section 16-13-71 .

(8) “ Deliver ” or “ delivery ” means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration.

(8) “ Deliver ” or “ delivery ” means the actual, constructive, or attempted transfer of a drug or device from one person to another, whether or not for a consideration.

(9) “ Device ” means an instrument, apparatus, contrivance, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, “Caution: federal or state law requires dispensing by or on the order of a physician.”

(9) “ Device ” means an instrument, apparatus, contrivance, or other similar or related article, including any component part or accessory, which is required under federal law to bear the label, “Caution: federal or state law requires dispensing by or on the order of a physician.”

(10) “ Dispense ” or “ dispensing ” means the preparation and delivery of a drug or device to a patient, patient's caregiver, or patient's agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.

(10) “ Dispense ” or “ dispensing ” means the preparation and delivery of a drug or device to a patient, patient's caregiver, or patient's agent pursuant to a lawful order of a practitioner in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.

(11) “ Distribute ” means the delivery of a drug or device other than by administering or dispensing.

(11) “ Distribute ” means the delivery of a drug or device other than by administering or dispensing.

(12) “ Drug ” means: (A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals; (C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and (D) Articles intended for use as a component of any articles specified in subparagraph (A), (B), or (C) of this paragraph but does not include devices.

(12) “ Drug ” means:

(A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(A) Articles recognized as drugs in any official compendium, or supplement thereto, designated from time to time by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

(C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and

(C) Articles, other than food, intended to affect the structure or any function of the body of humans or animals; and

(D) Articles intended for use as a component of any articles specified in subparagraph (A), (B), or (C) of this paragraph but does not include devices.

(D) Articles intended for use as a component of any articles specified in subparagraph (A), (B), or (C) of this paragraph but does not include devices.

(13) “ Drug regimen review ” includes but is not limited to the following activities: (A) Evaluation of any prescription drug order and patient record for: (i) Known allergies; (ii) Rational therapy-contraindications; (iii) Reasonable dose and route of administration; and (iv) Reasonable directions for use; (B) Evaluation of any prescription drug order and patient record for duplication of therapy; (C) Evaluation of any prescription drug order and patient record for the following interactions: (i) Drug-drug; (ii) Drug-food; (iii) Drug-disease; and (iv) Adverse drug reactions; and (D) Evaluation of any prescription drug order and patient record for proper utilization, including overutilization or underutilization, and optimum therapeutic outcomes.

(13) “ Drug regimen review ” includes but is not limited to the following activities:

(A) Evaluation of any prescription drug order and patient record for: (i) Known allergies; (ii) Rational therapy-contraindications; (iii) Reasonable dose and route of administration; and (iv) Reasonable directions for use;

(A) Evaluation of any prescription drug order and patient record for:

(i) Known allergies;

(i) Known allergies;

(ii) Rational therapy-contraindications;

(ii) Rational therapy-contraindications;

(iii) Reasonable dose and route of administration; and

(iii) Reasonable dose and route of administration; and

(iv) Reasonable directions for use;

(iv) Reasonable directions for use;

(B) Evaluation of any prescription drug order and patient record for duplication of therapy;

(B) Evaluation of any prescription drug order and patient record for duplication of therapy;

(C) Evaluation of any prescription drug order and patient record for the following interactions: (i) Drug-drug; (ii) Drug-food; (iii) Drug-disease; and (iv) Adverse drug reactions; and

(C) Evaluation of any prescription drug order and patient record for the following interactions:

(i) Drug-drug;

(i) Drug-drug;

(ii) Drug-food;

(ii) Drug-food;

(iii) Drug-disease; and

(iii) Drug-disease; and

(iv) Adverse drug reactions; and

(iv) Adverse drug reactions; and

(D) Evaluation of any prescription drug order and patient record for proper utilization, including overutilization or underutilization, and optimum therapeutic outcomes.

(D) Evaluation of any prescription drug order and patient record for proper utilization, including overutilization or underutilization, and optimum therapeutic outcomes.

(14) “ Drug researcher ” means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug 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 medical practitioner.

(14) “ Drug researcher ” means a person, firm, corporation, agency, department, or other entity which handles, possesses, or utilizes controlled substances or dangerous drugs, as defined in Chapter 13 of Title 16, for purposes of conducting research, drug 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 medical practitioner.

(14.05) “ Durable medical equipment ” means equipment for which a prescription is required, including repair and replacement parts for such equipment, and which: (A) Can withstand repeated use; (B) Has an expected life of at least three years; (C) Is primarily and customarily used to serve a medical purpose; (D) Generally is not useful to a person in the absence of illness or injury; and (E) Is appropriate for use in the home.

(14.05) “ Durable medical equipment ” means equipment for which a prescription is required, including repair and replacement parts for such equipment, and which:

(A) Can withstand repeated use;

(A) Can withstand repeated use;

(B) Has an expected life of at least three years;

(B) Has an expected life of at least three years;

(C) Is primarily and customarily used to serve a medical purpose;

(C) Is primarily and customarily used to serve a medical purpose;

(D) Generally is not useful to a person in the absence of illness or injury; and

(D) Generally is not useful to a person in the absence of illness or injury; and

(E) Is appropriate for use in the home.

(E) Is appropriate for use in the home.

(14.1) “ Electronic data prescription drug order ” means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. “Electronic data prescription drug order” also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, is received by the pharmacy through a facsimile, and includes the practitioner's electronic signature.

(14.1) “ Electronic data prescription drug order ” means any digitalized prescription drug order transmitted to a pharmacy, by a means other than by facsimile, which contains the secure, personalized digital key, code, number, or other identifier used to identify and authenticate the prescribing practitioner in a manner required by state laws and board regulations and includes all other information required by state laws and board regulations. “Electronic data prescription drug order” also includes any digitalized prescription drug order transmitted to a pharmacy that is converted into a visual image of a prescription order during the transmission process, is received by the pharmacy through a facsimile, and includes the practitioner's electronic signature.

(14.2) “ Electronic data signature ” means: (A) A secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or (B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy.

(14.2) “ Electronic data signature ” means:

(A) A secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or

(A) A secure, personalized digital key, code, number, or other identifier used for secure electronic data transmissions which identifies and authenticates the prescribing practitioner as a part of an electronic data prescription drug order transmitted to a pharmacy; or

(B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy.

(B) An electronic symbol or process attached to or logically associated with a record and executed or adopted by a prescribing practitioner with the intent to sign an electronic data prescription drug order, which identifies the prescribing practitioner, as a part of an electronic data prescription drug order transmitted to a pharmacy.

(14.3) “ Electronic signature ” means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order.

(14.3) “ Electronic signature ” means an electronic visual image signature or an electronic data signature of a practitioner which appears on an electronic prescription drug order.

(14.4) “ Electronic visual image prescription drug order ” means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image of the practitioner's signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations of the board.

(14.4) “ Electronic visual image prescription drug order ” means any exact visual image of a prescription drug order issued by a practitioner electronically and which bears an electronic reproduction of the visual image of the practitioner's signature, is either printed on security paper and presented as a hard copy to the patient or transmitted by the practitioner via facsimile machine or equipment to a pharmacy, and contains all information required by state law and regulations of the board.

(14.5) “ Electronic visual image signature ” means any exact visual image of a practitioner's signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment.

(14.5) “ Electronic visual image signature ” means any exact visual image of a practitioner's signature reproduced electronically on a hard copy prescription drug order presented to the patient by the practitioner or is a prescription drug order transmitted to a pharmacy by a practitioner via facsimile machine or equipment.

(15) “ Emergency service provider ” means licensed ambulance services, first responder services or neonatal services, or any combination thereof.

(15) “ Emergency service provider ” means licensed ambulance services, first responder services or neonatal services, or any combination thereof.

(15.1) “ Executive director ” means the executive director appointed by the Georgia State Board of Pharmacy pursuant to Code Section 26-4-20 .

(15.1) “ Executive director ” means the executive director appointed by the Georgia State Board of Pharmacy pursuant to Code Section 26-4-20 .

(16) “ Extern ” or “ pharmacy extern ” means an individual who is a student currently enrolled in an approved school or college of pharmacy and who has been assigned by the school or college of pharmacy to a licensed pharmacy for the purposes of obtaining practical experience and completing a degree in pharmacy. For the purposes of this chapter, a pharmacy extern may engage in any activity or perform any function which a pharmacy intern may perform under the direct supervision of a licensed pharmacist.

(16) “ Extern ” or “ pharmacy extern ” means an individual who is a student currently enrolled in an approved school or college of pharmacy and who has been assigned by the school or college of pharmacy to a licensed pharmacy for the purposes of obtaining practical experience and completing a degree in pharmacy. For the purposes of this chapter, a pharmacy extern may engage in any activity or perform any function which a pharmacy intern may perform under the direct supervision of a licensed pharmacist.

(17) “ Federal act ” or “ United States Food, Drug, and Cosmetic Act ” means the United States Food, Drug, and Cosmetic Act of the United States of America, approved June 25, 1938, officially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.) and all amendments thereto, and all regulations promulgated thereunder by the commissioner of the United States Food and Drug Administration.

(17) “ Federal act ” or “ United States Food, Drug, and Cosmetic Act ” means the United States Food, Drug, and Cosmetic Act of the United States of America, approved June 25, 1938, officially cited as Public Document 717, 75th Congress (Chapter 675-3rd Sess.) and all amendments thereto, and all regulations promulgated thereunder by the commissioner of the United States Food and Drug Administration.

(18) “ Generic name ” means a chemical name, a common or public name, or an official name used in an official compendium recognized by the Federal Food, Drug, and Cosmetic Act, as amended.

(18) “ Generic name ” means a chemical name, a common or public name, or an official name used in an official compendium recognized by the Federal Food, Drug, and Cosmetic Act, as amended.

(18.05) “ Hard copy prescription drug order ” means a written, typed, reproduced, or printed prescription drug order prepared on a piece of paper.

(18.05) “ Hard copy prescription drug order ” means a written, typed, reproduced, or printed prescription drug order prepared on a piece of paper.

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

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

(18.2) “ Interchangeable biological product ” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration.

(18.2) “ Interchangeable biological product ” means a biological product that the federal Food and Drug Administration has determined meets the standards set forth in subsection (k)(4) of 42 U.S.C. Section 262 or has been deemed therapeutically equivalent by the federal Food and Drug Administration.

(19) “ Intern ” or “ pharmacy intern ” means an individual who is: (A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern; (B) A graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or (C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.

(19) “ Intern ” or “ pharmacy intern ” means an individual who is:

(A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern;

(A) A student who is currently enrolled in an approved school or college of pharmacy, has registered with the board, and has been licensed as a pharmacy intern;

(B) A graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or

(B) A graduate of an approved school or college of pharmacy who is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist; or

(C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.

(C) An individual who does not otherwise meet the requirements of subparagraph (A) or (B) of this paragraph and who has established educational equivalency by obtaining a Foreign Pharmacy Graduate Examination Committee (FPGEC) certificate and is currently licensed by the board for the purpose of obtaining practical experience as a requirement for licensure as a pharmacist.

(20) Reserved.

(20) Reserved.

(21) “ Labeling ” means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal, state, or federal and state law or rule.

(21) “ Labeling ” means the process of preparing and affixing a label to any drug container exclusive, however, of the labeling by a manufacturer, packer, or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label shall include all information required by federal, state, or federal and state law or rule.

(22) “ Manufacturer ” means a person engaged in the manufacturing of drugs or devices.

(22) “ Manufacturer ” means a person engaged in the manufacturing of drugs or devices.

(23) “ Manufacturing ” means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of any substance or labeling or relabeling of its container and the promotion and marketing of such drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons.

(23) “ Manufacturing ” means the production, preparation, propagation, conversion, or processing of a drug or device, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical or biological synthesis and includes any packaging or repackaging of any substance or labeling or relabeling of its container and the promotion and marketing of such drugs or devices. Manufacturing also includes the preparation and promotion of commercially available products from bulk compounds for resale by pharmacies, practitioners, or other persons.

(23.5) “ Narcotic treatment program clinic pharmacy ” means a pharmacy which is attached to, located in, or otherwise a part of and operated by a narcotic treatment program which provides an opiate replacement treatment program, as designated or defined by the Department of Behavioral Health and Developmental Disabilities or such other state agency as may be designated as the state authority for the purposes of implementing the narcotic treatment program authorized by federal and state laws and regulations.

(23.5) “ Narcotic treatment program clinic pharmacy ” means a pharmacy which is attached to, located in, or otherwise a part of and operated by a narcotic treatment program which provides an opiate replacement treatment program, as designated or defined by the Department of Behavioral Health and Developmental Disabilities or such other state agency as may be designated as the state authority for the purposes of implementing the narcotic treatment program authorized by federal and state laws and regulations.

(24) “ Nonprescription drug ” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.

(24) “ Nonprescription drug ” means a drug which may be sold without a prescription and which is labeled for use by the consumer in accordance with the requirements of the laws and rules of this state and the federal government.

(24.1) “ Outsourcing facility ” means a facility that is engaged in the compounding of drugs and is registered with the federal Food and Drug Administration as an outsourcing facility pursuant to Section 503b of the federal act.

(24.1) “ Outsourcing facility ” means a facility that is engaged in the compounding of drugs and is registered with the federal Food and Drug Administration as an outsourcing facility pursuant to Section 503b of the federal act.

(25) “ Patient counseling ” means the oral communication by the pharmacist of information, as defined in the rules of the board, to the patient, patient's caregiver, or patient's agent, in order to improve therapy by ensuring proper use of drugs and devices.

(25) “ Patient counseling ” means the oral communication by the pharmacist of information, as defined in the rules of the board, to the patient, patient's caregiver, or patient's agent, in order to improve therapy by ensuring proper use of drugs and devices.

(26) “ Person ” means an individual, corporation, partnership, or association.

(26) “ Person ” means an individual, corporation, partnership, or association.

(27) “ Pharmaceutically equivalent ” means drug products that contain identical amounts of the identical active ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients.

(27) “ Pharmaceutically equivalent ” means drug products that contain identical amounts of the identical active ingredient, in identical dosage forms, but not necessarily containing the same inactive ingredients.

(28) “ Pharmacist ” means an individual currently licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services and pharmacy care.

(28) “ Pharmacist ” means an individual currently licensed by this state to engage in the practice of pharmacy. This recognizes a pharmacist as a learned professional who is authorized to provide patient services and pharmacy care.

(29) “ Pharmacist in charge ” means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of such pharmacy and personnel.

(29) “ Pharmacist in charge ” means a pharmacist currently licensed in this state who accepts responsibility for the operation of a pharmacy in conformance with all laws and rules pertinent to the practice of pharmacy and the distribution of drugs and who is personally in full and actual charge of such pharmacy and personnel.

(30) “ Pharmacy ” means: (A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or (B) Any place licensed in accordance with this chapter wherein the possessing, displaying, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued.

(30) “ Pharmacy ” means:

(A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or

(A) The profession, art, and science that deals with pharmacy care, drugs, or both, medicines, and medications, their nature, preparation, administration, dispensing, or effect; or

(B) Any place licensed in accordance with this chapter wherein the possessing, displaying, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued.

(B) Any place licensed in accordance with this chapter wherein the possessing, displaying, compounding, dispensing, or selling of drugs may be conducted, including any and all portions of the building or structure leased, used, or controlled by the licensee in the conduct of the business or profession licensed by the board at the address for which the license was issued.

(31) “ Pharmacy care ” means: (A) Those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto; and (B) Ordering and administering: (i) Tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education; and (ii) Viral and serology COVID-19 tests, provided that such authority shall expire 12 months after the end of the public health emergency declared by the United States secretary of health and human services on January 31, 2020; provided, however, that such expiration shall not apply to viral and serology COVID-19 tests cleared or approved pursuant to division (i) of this subparagraph. A pharmacist conducting such a test shall do so at a pharmacy or other facility that has obtained any necessary certification from or that is operating under a certificate of waiver from the federal Centers for Medicare and Medicaid Services pursuant to the federal Clinical Laboratory Improvement Amendments of 1998.

(31) “ Pharmacy care ” means:

(A) Those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto; and

(A) Those services related to the interpretation, evaluation, or dispensing of prescription drug orders, the participation in drug and device selection, drug administration, and drug regimen reviews, and the provision of patient counseling related thereto; and

(B) Ordering and administering: (i) Tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education; and (ii) Viral and serology COVID-19 tests, provided that such authority shall expire 12 months after the end of the public health emergency declared by the United States secretary of health and human services on January 31, 2020; provided, however, that such expiration shall not apply to viral and serology COVID-19 tests cleared or approved pursuant to division (i) of this subparagraph.

(B) Ordering and administering:

(i) Tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education; and

(i) Tests that have been cleared or approved for home use by the federal Food and Drug Administration and interpreting the results as a means to screen for or monitor disease, disease risk factors, or drug use and to facilitate patient education; and

(ii) Viral and serology COVID-19 tests, provided that such authority shall expire 12 months after the end of the public health emergency declared by the United States secretary of health and human services on January 31, 2020; provided, however, that such expiration shall not apply to viral and serology COVID-19 tests cleared or approved pursuant to division (i) of this subparagraph.

(ii) Viral and serology COVID-19 tests, provided that such authority shall expire 12 months after the end of the public health emergency declared by the United States secretary of health and human services on January 31, 2020; provided, however, that such expiration shall not apply to viral and serology COVID-19 tests cleared or approved pursuant to division (i) of this subparagraph.

A pharmacist conducting such a test shall do so at a pharmacy or other facility that has obtained any necessary certification from or that is operating under a certificate of waiver from the federal Centers for Medicare and Medicaid Services pursuant to the federal Clinical Laboratory Improvement Amendments of 1998.

(32) “ Pharmacy technician ” means those support persons utilized in pharmacies whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist.

(32) “ Pharmacy technician ” means those support persons utilized in pharmacies whose responsibilities are to provide nonjudgmental technical services concerned with the preparation for dispensing of drugs under the direct supervision and responsibility of a pharmacist.

(33) “ Practitioner ” or “ practitioner of the healing arts ” means a physician, dentist, podiatrist, optometrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state.

(33) “ Practitioner ” or “ practitioner of the healing arts ” means a physician, dentist, podiatrist, optometrist, or veterinarian and shall include any other person licensed under the laws of this state to use, mix, prepare, dispense, prescribe, and administer drugs in connection with medical treatment to the extent provided by the laws of this state.

(34) “ Preceptor ” means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board, and participates in the instructional training of pharmacy interns.

(34) “ Preceptor ” means an individual who is currently licensed as a pharmacist by the board, meets the qualifications as a preceptor under the rules of the board, and participates in the instructional training of pharmacy interns.

(35) “ Prescription drug ” or “ legend drug ” means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements: “Caution: federal law prohibits dispensing without prescription” or “Caution: federal law restricts this drug to use by, or on the order of, a licensed veterinarian”; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only; or a controlled substance, as defined in paragraph (6) of this Code section or a dangerous drug as defined in paragraph (7) of this Code section.

(35) “ Prescription drug ” or “ legend drug ” means a drug which, under federal law, is required, prior to being dispensed or delivered, to be labeled with either of the following statements: “Caution: federal law prohibits dispensing without prescription” or “Caution: federal law restricts this drug to use by, or on the order of, a licensed veterinarian”; or a drug which is required by any applicable federal or state law or rule to be dispensed pursuant only to a prescription drug order or is restricted to use by practitioners only; or a controlled substance, as defined in paragraph (6) of this Code section or a dangerous drug as defined in paragraph (7) of this Code section.

(36) “ Prescription drug order ” means a lawful order of a practitioner for a drug or device for a specific patient; such order includes an electronic visual image prescription drug order and an electronic data prescription drug order.

(36) “ Prescription drug order ” means a lawful order of a practitioner for a drug or device for a specific patient; such order includes an electronic visual image prescription drug order and an electronic data prescription drug order.

(37) “ Prospective drug use review ” means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review.

(37) “ Prospective drug use review ” means a review of the patient's drug therapy and prescription drug order, as defined in the rules of the board, prior to dispensing the drug as part of a drug regimen review.

(37.1) “ Remote automated medication system ” means an automated mechanical system that is located in a skilled nursing facility or hospice licensed as such pursuant to Chapter 7 of Title 31 that does not have an on-site pharmacy and in which medication may be dispensed in a manner that may be specific to a patient.

(37.1) “ Remote automated medication system ” means an automated mechanical system that is located in a skilled nursing facility or hospice licensed as such pursuant to Chapter 7 of Title 31 that does not have an on-site pharmacy and in which medication may be dispensed in a manner that may be specific to a patient.

(37.2) “ Remote order entry ” means the entry made by a pharmacist licensed in this state, who is an employee or contractor of a pharmacy licensed in this state or that holds a nonresident pharmacy permit issued pursuant to Code Section 26-4-114.1 , from a remote location anywhere in the United States indicating that the pharmacist has reviewed the patient specific drug order for a hospital patient, has approved or disapproved the administration of the drug for such patient, and has entered the information in the hospital's patient record system.

(37.2) “ Remote order entry ” means the entry made by a pharmacist licensed in this state, who is an employee or contractor of a pharmacy licensed in this state or that holds a nonresident pharmacy permit issued pursuant to Code Section 26-4-114.1 , from a remote location anywhere in the United States indicating that the pharmacist has reviewed the patient specific drug order for a hospital patient, has approved or disapproved the administration of the drug for such patient, and has entered the information in the hospital's patient record system.

(38) “ Reverse drug distributor ” means a person, firm, or corporation which receives and handles drugs from within this state which are expired, discontinued, adulterated, or misbranded, under the provisions of Chapter 3 of this title, the “Georgia Drug and Cosmetic Act,” from a pharmacy, drug distributor, or manufacturer for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug.

(38) “ Reverse drug distributor ” means a person, firm, or corporation which receives and handles drugs from within this state which are expired, discontinued, adulterated, or misbranded, under the provisions of Chapter 3 of this title, the “Georgia Drug and Cosmetic Act,” from a pharmacy, drug distributor, or manufacturer for the purposes of destruction or other final disposition or for return to the original manufacturer of a drug.

(38.5) “ Security paper ” means: (A) A prescription pad or paper that has been approved by the board for use and contains the following characteristics: (i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms; or (B) A prescription pad or paper that is an approved prescription pad or paper of the Centers for Medicare and Medicaid Services on January 1, 2013.

(38.5) “ Security paper ” means:

(A) A prescription pad or paper that has been approved by the board for use and contains the following characteristics: (i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms; or

(A) A prescription pad or paper that has been approved by the board for use and contains the following characteristics:

(i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form;

(i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form;

(ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and

(ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and

(iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms; or

(iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms; or

(B) A prescription pad or paper that is an approved prescription pad or paper of the Centers for Medicare and Medicaid Services on January 1, 2013.

(B) A prescription pad or paper that is an approved prescription pad or paper of the Centers for Medicare and Medicaid Services on January 1, 2013.

(39) “ Significant adverse drug reaction ” means a drug related incident that may result in serious harm, injury, or death to the patient.

(39) “ Significant adverse drug reaction ” means a drug related incident that may result in serious harm, injury, or death to the patient.

(40) “ Substitution ” means to dispense pharmaceutically equivalent and therapeutically equivalent drug products as regulated by the board in place of the drug prescribed.

(40) “ Substitution ” means to dispense pharmaceutically equivalent and therapeutically equivalent drug products as regulated by the board in place of the drug prescribed.

(40.1) “ Third-party logistics provider ” means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer, wholesale distributor, or chain pharmacy but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug.

(40.1) “ Third-party logistics provider ” means an entity that provides or coordinates warehousing, distribution, or other services on behalf of a manufacturer, wholesale distributor, or chain pharmacy but does not take title to a drug or have general responsibility to direct the sale or other disposition of the drug.

(40.5) “ USP-NF ” means the United States Pharmacopeia and National Formulary.

(40.5) “ USP-NF ” means the United States Pharmacopeia and National Formulary.

(41) “ Wholesale distributor ” means any person engaged in wholesale distribution of drugs, including but not limited to manufacturers; repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions.

(41) “ Wholesale distributor ” means any person engaged in wholesale distribution of drugs, including but not limited to manufacturers; repackagers; own label distributors; private label distributors; jobbers; brokers; warehouses, including manufacturers' and distributors' warehouses, chain drug warehouses, and wholesale drug warehouses; independent wholesale drug traders; and retail and hospital pharmacies that conduct wholesale distributions.
O.C.G.A. § 26-2-38 — GA Code / Title 26 / Chapter 2 / Section 26-2-38
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-38
Status: in_force

(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article, such agent shall affix to such article or to any container, field, building, or structure which contains such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without permission of the Commissioner. Upon application, the Commissioner shall grant permission to move or dispose of such article to a safe and secure area and in a safe and secure manner.

(a) Whenever a duly authorized agent of the Commissioner finds or has probable cause to believe that any food is adulterated or misbranded within the meaning of this article, such agent shall affix to such article or to any container, field, building, or structure which contains such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without permission of the Commissioner. Upon application, the Commissioner shall grant permission to move or dispose of such article to a safe and secure area and in a safe and secure manner.

(b) When an article detained or embargoed under subsection (a) of this Code section has been found by such agent to be adulterated or misbranded, he shall bring an action for condemnation of such article in the superior court of the county where the article is detained or embargoed. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tags or other markings.

(b) When an article detained or embargoed under subsection (a) of this Code section has been found by such agent to be adulterated or misbranded, he shall bring an action for condemnation of such article in the superior court of the county where the article is detained or embargoed. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tags or other markings.

(c) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof under the supervision of the Commissioner and all court costs and fees, and storage and other proper expenses shall be taxed against the claimant of such article or his agent, provided that, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond conditioned that such article shall be so labeled or processed, has been executed, may by proper order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the Commissioner. The expense of such supervision shall be paid by the claimant. Such shall be returned to the claimant of the article on representation to the court by the Commissioner that the article is no longer in violation of this article and that the expense of such supervision has been paid.

(c) If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof under the supervision of the Commissioner and all court costs and fees, and storage and other proper expenses shall be taxed against the claimant of such article or his agent, provided that, when the adulteration or misbranding can be corrected by proper labeling or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond conditioned that such article shall be so labeled or processed, has been executed, may by proper order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the Commissioner. The expense of such supervision shall be paid by the claimant. Such shall be returned to the claimant of the article on representation to the court by the Commissioner that the article is no longer in violation of this article and that the expense of such supervision has been paid.

(d) Whenever the Commissioner or any of his authorized agents shall find in any room, building, vehicle for transportation, or other structure any meat, seafood, poultry, vegetables, fruit, or other perishable articles which are unsound, which contain any filthy, decomposed, or putrid substances, or which might be poisonous or deleterious to health or otherwise unsafe, the same shall be declared to be a nuisance and the Commissioner or his authorized agent shall immediately condemn or destroy or in any other manner render the same unsalable as human food.

(d) Whenever the Commissioner or any of his authorized agents shall find in any room, building, vehicle for transportation, or other structure any meat, seafood, poultry, vegetables, fruit, or other perishable articles which are unsound, which contain any filthy, decomposed, or putrid substances, or which might be poisonous or deleterious to health or otherwise unsafe, the same shall be declared to be a nuisance and the Commissioner or his authorized agent shall immediately condemn or destroy or in any other manner render the same unsalable as human food.
O.C.G.A. § 26-2-215 — GA Code / Title 26 / Chapter 2 / Section 26-2-215
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-215
Status: in_force

Any person who violates this article or rules and regulations adopted under this article or any sanitary standards or specifications adopted under this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-4-147 — GA Code / Title 26 / Chapter 4 / Section 26-4-147
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-147
Status: in_force

No enrollee may utilize a program identification card to obtain pharmaceuticals after the program has been canceled and after the enrollee has received notification of the cancellation, and if such card is so utilized, that enrollee shall be liable to the administrator of that program for the cost of those pharmaceuticals.
O.C.G.A. § 26-2-37 — GA Code / Title 26 / Chapter 2 / Section 26-2-37
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-37
Status: in_force

(a) Whenever the Commissioner finds, after investigation, that the distribution in Georgia of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have entered commerce, he then, and in such case only, shall promulgate regulations providing for the issuance to manufacturers, processors, or packers of such class of food in such locality of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health; and, after the effective date of such regulations and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the Commissioner as provided by such regulations.

(a) Whenever the Commissioner finds, after investigation, that the distribution in Georgia of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that such injurious nature cannot be adequately determined after such articles have entered commerce, he then, and in such case only, shall promulgate regulations providing for the issuance to manufacturers, processors, or packers of such class of food in such locality of permits to which shall be attached such conditions governing the manufacture, processing, or packing of such class of food, for such temporary period of time, as may be necessary to protect the public health; and, after the effective date of such regulations and during such temporary period, no person shall introduce or deliver for introduction into commerce any such food manufactured, processed, or packed by any such manufacturer, processor, or packer unless such manufacturer, processor, or packer holds a permit issued by the Commissioner as provided by such regulations.

(b) The Commissioner is authorized to suspend immediately upon notice any permit issued under authority of this Code section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of such permit. The Commissioner shall, immediately after prompt hearing and inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended.

(b) The Commissioner is authorized to suspend immediately upon notice any permit issued under authority of this Code section if it is found that any of the conditions of the permit have been violated. The holder of a permit so suspended shall be privileged at any time to apply for the reinstatement of such permit. The Commissioner shall, immediately after prompt hearing and inspection of the establishment, reinstate such permit if it is found that adequate measures have been taken to comply with and maintain the conditions of the permit as originally issued or as amended.

(c) Any officer or employee duly designated by the Commissioner shall have access to any factory or establishment, the operator of which holds a permit from the Department of Agriculture, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for such inspection shall be grounds for suspension of the permit until such access is freely given by the owner or operator.

(c) Any officer or employee duly designated by the Commissioner shall have access to any factory or establishment, the operator of which holds a permit from the Department of Agriculture, for the purpose of ascertaining whether or not the conditions of the permit are being complied with. Denial of access for such inspection shall be grounds for suspension of the permit until such access is freely given by the owner or operator.
O.C.G.A. § 26-4-26 — GA Code / Title 26 / Chapter 4 / Section 26-4-26
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-26
Status: in_force

(a) To transact its business, the board shall hold regular meetings at least once each month unless, in the discretion of the president, it is deemed unnecessary for a particular month. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board.

(a) To transact its business, the board shall hold regular meetings at least once each month unless, in the discretion of the president, it is deemed unnecessary for a particular month. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the president of the board or by at least two-thirds of the members of the board.

(b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings.

(b) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by Chapter 14 of Title 50 relating to open meetings.

(c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum.

(c) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this chapter or by any rule of the board, all actions of the board shall be by a majority of a quorum.

(d) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board.

(d) Meetings and hearings of the board shall be held at the site of the office of the board or at such other site as may be specified by the president of the board.

(e) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public.

(e) All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session closed to the public.

(f) Proceedings before the board wherein a licensee's or permit holder's right to practice pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Neither refusal of a license or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50; provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any relevant book, writing, paper, or document. If any licensee or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or permit holder and take action as if such licensee or permit holder had been present.

(f) Proceedings before the board wherein a licensee's or permit holder's right to practice pursuant to this chapter in this state is terminated, suspended, or limited or wherein a public reprimand is administered shall require prior notice to the licensee and an opportunity for hearing; and such proceedings shall be considered contested cases within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” Neither refusal of a license or permit nor a private reprimand nor a letter of concern shall be considered a contested case within the meaning of Chapter 13 of Title 50; provided, however, that the applicant shall be allowed to appear before the board, if the applicant so requests, prior to the board making a final decision regarding the issuance of the license or permit. The power to subpoena as set forth in Chapter 13 of Title 50 shall include the power to subpoena any relevant book, writing, paper, or document. If any licensee or permit holder fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such licensee or permit holder and take action as if such licensee or permit holder had been present.
O.C.G.A. § 26-4-88 — GA Code / Title 26 / Chapter 4 / Section 26-4-88
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-88
Status: in_force

(a) No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy intern dispensing such items in accordance with this chapter.

(a) No person shall engage in the dispensing of any medicines, drugs, or poisons unless said person is a pharmacist licensed in accordance with this chapter or a pharmacy intern dispensing such items in accordance with this chapter.

(b) Except as otherwise required pursuant to Code Section 26-4-86 , this chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 26-4-130 .

(b) Except as otherwise required pursuant to Code Section 26-4-86 , this chapter shall not apply to practitioners of the healing arts prescribing, compounding their own prescriptions, or dispensing drugs or medicines except as provided in Code Section 26-4-130 .

(c) Nothing in this Code section shall prohibit any person from assisting any duly licensed pharmacist or practitioner, provided that such duly licensed pharmacist or practitioner shall be physically present in the prescription area and actually observing the actions of such person performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner.

(c) Nothing in this Code section shall prohibit any person from assisting any duly licensed pharmacist or practitioner, provided that such duly licensed pharmacist or practitioner shall be physically present in the prescription area and actually observing the actions of such person performing such tasks; provided, further, that no prescription shall be given to the person requesting the same unless the contents and the label thereof shall have been verified by a licensed pharmacist or practitioner.

(d) With respect to pharmacy technicians, the following functions require the professional judgment of a pharmacist, or pharmacy intern under the supervision of a pharmacist, and may not be performed by a pharmacy technician: (1) Acceptance of initial oral prescriptions; (2) Certification of a filled or finished prescription or prescription drug order; (3) Weighing or measuring active ingredients without a mechanism of verification; (4) Reconstitution of prefabricated medication without a mechanism of verification; (5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization; (6) Entry of orders on patient medication profiles without verification by a pharmacist; and (7) Provision of drug information that has not been prepared or approved by the pharmacist.

(d) With respect to pharmacy technicians, the following functions require the professional judgment of a pharmacist, or pharmacy intern under the supervision of a pharmacist, and may not be performed by a pharmacy technician:

(1) Acceptance of initial oral prescriptions;

(1) Acceptance of initial oral prescriptions;

(2) Certification of a filled or finished prescription or prescription drug order;

(2) Certification of a filled or finished prescription or prescription drug order;

(3) Weighing or measuring active ingredients without a mechanism of verification;

(3) Weighing or measuring active ingredients without a mechanism of verification;

(4) Reconstitution of prefabricated medication without a mechanism of verification;

(4) Reconstitution of prefabricated medication without a mechanism of verification;

(5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization;

(5) Verification of the constituents of final IV admixtures for accuracy, efficacy, and patient utilization;

(6) Entry of orders on patient medication profiles without verification by a pharmacist; and

(6) Entry of orders on patient medication profiles without verification by a pharmacist; and

(7) Provision of drug information that has not been prepared or approved by the pharmacist.

(7) Provision of drug information that has not been prepared or approved by the pharmacist.
O.C.G.A. § 26-2-462 — GA Code / Title 26 / Chapter 2 / Section 26-2-462
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-462
Status: in_force

(a) The Commissioner shall be charged with the enforcement of this article and shall have the power and authority, in connection with this and other provisions dealing with milk, food, or food products, to revoke or cancel the permit or license of any person doing business in this state who violates the laws of this state or the rules and regulations made pursuant thereto.

(a) The Commissioner shall be charged with the enforcement of this article and shall have the power and authority, in connection with this and other provisions dealing with milk, food, or food products, to revoke or cancel the permit or license of any person doing business in this state who violates the laws of this state or the rules and regulations made pursuant thereto.

(b) The enforcement methods authorized by this article shall be cumulative of those provided otherwise by law, and the same are not superseded by this article.

(b) The enforcement methods authorized by this article shall be cumulative of those provided otherwise by law, and the same are not superseded by this article.
O.C.G.A. § 26-4-175 — GA Code / Title 26 / Chapter 4 / Section 26-4-175
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-175
Status: in_force

Nuclear pharmacies shall meet all requirements for items and articles of equipment as required through rules and regulations of the board. Nuclear pharmacies shall also have equipment required for the safe handling and storage of radioactive materials, as established by rules of the department.
O.C.G.A. § 26-2-1 — GA Code / Title 26 / Chapter 2 / Section 26-2-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-1
Status: in_force

The standards for lard, mixed edible fats, and cottonseed oils are defined as follows:

(1) “Lard” means the fat of freshly slaughtered swine. It shall not be made from a diseased animal or any portion of an animal unfit for food or contain less than 99 percent of pure fat.

(1) “Lard” means the fat of freshly slaughtered swine. It shall not be made from a diseased animal or any portion of an animal unfit for food or contain less than 99 percent of pure fat.

(2) “Mixed edible fat” means a mixture which contains not less than 99 percent of sweet mixed fat and may consist of a mixture of refined cottonseed oil or other edible vegetable oils with sweet beef fat or other edible animal fat and shall be sold under a registered or proprietary brand and properly labeled with a distinctive trademark or name bearing the name of the manufacturer.

(2) “Mixed edible fat” means a mixture which contains not less than 99 percent of sweet mixed fat and may consist of a mixture of refined cottonseed oil or other edible vegetable oils with sweet beef fat or other edible animal fat and shall be sold under a registered or proprietary brand and properly labeled with a distinctive trademark or name bearing the name of the manufacturer.

(3) “Edible cottonseed oil” means refined cottonseed oil, free from disagreeable taste or odors. White cottonseed oil for edible purposes is cottonseed oil which has been refined in such a manner as to be nearly colorless, flavorless, and odorless. Winter cottonseed oils for edible purposes are those from which a portion of the stearine has been removed; they may be either white or yellow.

(3) “Edible cottonseed oil” means refined cottonseed oil, free from disagreeable taste or odors. White cottonseed oil for edible purposes is cottonseed oil which has been refined in such a manner as to be nearly colorless, flavorless, and odorless. Winter cottonseed oils for edible purposes are those from which a portion of the stearine has been removed; they may be either white or yellow.
O.C.G.A. § 26-4-117 — GA Code / Title 26 / Chapter 4 / Section 26-4-117
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-117
Status: in_force

(a) It shall be the duty of the prosecuting attorney of the court of competent jurisdiction to whom the board or some other person shall report a violation of this chapter to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided.

(a) It shall be the duty of the prosecuting attorney of the court of competent jurisdiction to whom the board or some other person shall report a violation of this chapter to cause appropriate proceedings to be commenced and prosecuted for the enforcement of the penalties as in such case may be provided.

(b) The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law.

(b) The board, or any person, corporation, or association, in addition to the remedies set forth in this chapter, may bring an action in a court having competent jurisdiction over the parties and subject matter to enjoin violations of this chapter. Such injunction may issue notwithstanding the existence of an adequate remedy at law.
O.C.G.A. § 26-4-113 — GA Code / Title 26 / Chapter 4 / Section 26-4-113
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-113
Status: in_force

(a) No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board.

(a) No person shall operate as a pharmacy until a pharmacy license has been issued to such person by the board.

(b) Except where otherwise permitted by law, it shall be unlawful for any type of manufacturer, wholesale distributor, reverse drug distributor, outsourcing facility, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter; provided, however, that out-of-state firms that conduct intracompany transfers of drugs or devices to and have the same ownership as a licensed firm in this state shall not be required to be licensed in this state pursuant to this chapter; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to obtain a license pursuant to this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor.

(b) Except where otherwise permitted by law, it shall be unlawful for any type of manufacturer, wholesale distributor, reverse drug distributor, outsourcing facility, or third-party logistics provider to distribute or deliver drugs or devices to or receive drugs or devices from any person or firm in this state not licensed under this chapter; provided, however, that out-of-state firms that conduct intracompany transfers of drugs or devices to and have the same ownership as a licensed firm in this state shall not be required to be licensed in this state pursuant to this chapter; and provided, further, that out-of-state third-party logistics providers that are licensed by their resident state or by the federal Food and Drug Administration shall not be required to obtain a license pursuant to this chapter. Any person who distributes or delivers drugs or devices to or receives drugs or devices from a person or firm not licensed under this chapter shall be subject to a fine to be imposed by the board for each offense in addition to such other disciplinary action the board may take under this chapter. Each such violation shall also constitute a misdemeanor.

(c) The board may suspend, revoke, deny, or refuse to renew the pharmacy license of, reprimand, issue a letter of concern to, or fine any person licensed under this article on any of the following grounds: (1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances; (2) Any felony convictions under federal or state laws; (3) The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution; (4) Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances; (5) Obtaining any remuneration by fraud, misrepresentation, or deception; (6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices; (7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided; (8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or (9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter.

(c) The board may suspend, revoke, deny, or refuse to renew the pharmacy license of, reprimand, issue a letter of concern to, or fine any person licensed under this article on any of the following grounds:

(1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances;

(1) The finding by the board of violations of any federal or state laws relating to the practice of pharmacy, drug samples, wholesale or retail drug or device distribution, or distribution of controlled substances;

(2) Any felony convictions under federal or state laws;

(2) Any felony convictions under federal or state laws;

(3) The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;

(3) The furnishing of false or fraudulent material in any application made in connection with drug or device manufacturing or distribution;

(4) Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances;

(4) Suspension or revocation by the federal or state government of any license currently or previously held by the applicant for the manufacture or distribution of any drugs or devices including controlled substances;

(5) Obtaining any remuneration by fraud, misrepresentation, or deception;

(5) Obtaining any remuneration by fraud, misrepresentation, or deception;

(6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices;

(6) Dealing with drugs or devices that are known or should have been known to be stolen drugs or devices;

(7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided;

(7) Purchasing or receiving of a drug or device from a source other than a person or pharmacy licensed under the laws of the state except where otherwise provided;

(8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or

(8) Wholesale drug distributors, other than pharmacies, dispensing or distributing drugs or devices directly to patients; or

(9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter.

(9) Violations of any of the provisions of this chapter or of any of the rules adopted by the board under this chapter.

(d) Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board.

(d) Reinstatement of a pharmacy license that has been suspended, revoked, or restricted by the board may be granted in accordance with the rules of the board.
O.C.G.A. § 26-2-112 — GA Code / Title 26 / Chapter 2 / Section 26-2-112
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-112
Status: in_force

(a) Except as provided in subsection (c) of this Code section, the provisions of this part requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting such operations shall not apply to: (1) The slaughtering by any person of animals of his or her own raising and the preparation by him or her and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees; (2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, nontraditional livestock, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, nontraditional livestock, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and members of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or (3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year.

(a) Except as provided in subsection (c) of this Code section, the provisions of this part requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting such operations shall not apply to:

(1) The slaughtering by any person of animals of his or her own raising and the preparation by him or her and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees;

(1) The slaughtering by any person of animals of his or her own raising and the preparation by him or her and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees;

(2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, nontraditional livestock, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, nontraditional livestock, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and members of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or

(2) The custom slaughter by any person, firm, or corporation of cattle, sheep, swine, nontraditional livestock, rabbits, or goats delivered by the owner thereof for such slaughter and the preparation by such slaughterer and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use in the household of such owner by the owner and members of his or her household and his or her nonpaying guests and employees; nor to the custom preparation by any person, firm, or corporation of carcasses, parts thereof, meat, or meat food products derived from the slaughter by any person of cattle, sheep, swine, nontraditional livestock, rabbits, or goats of his or her own raising, or from game animals, delivered by the owner thereof for such custom preparation and transportation in commerce of such custom prepared articles, exclusively for use in the household of such owner by him or her and members of his or her household and his or her nonpaying guests and employees, provided that, in cases where such person, firm, or corporation engages in such custom operations at an establishment at which inspection under this article is maintained, the Commissioner may exempt from such inspection at such establishment any animals slaughtered or any meat or meat food products otherwise prepared on such custom basis. Custom operations at any establishment shall be exempt from inspection requirements as provided by this Code section only if the establishment complies with regulations which the Commissioner is authorized to promulgate to assure that any carcasses, parts thereof, meat, or meat food products, wherever handled on a custom basis, or any containers or packages containing such articles are separated at all times from carcasses, parts thereof, meat, or meat food products prepared for sale; that all such articles prepared on a custom basis or any containers or packages containing such articles are plainly marked “Not for Sale” immediately after being prepared and kept so identified until delivered to the owner; and that the establishment conducting the custom operation is maintained and operated in a sanitary manner; or

(3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year.

(3) The slaughtering and processing of rabbits by any person who raises rabbits for slaughter and processing for sale at wholesale and retail in numbers not to exceed 2,500 rabbits per year.

(b) The provisions of this article requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat, and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments.

(b) The provisions of this article requiring inspection of the slaughter of animals and the preparation of carcasses, parts thereof, meat, and meat food products shall not apply to operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments.

(c) The slaughter of animals and preparation of articles referred to in paragraph (2) of subsection (a) and in subsection (b) of this Code section shall be conducted in accordance with such sanitary conditions as the Commissioner may by regulations prescribe. Notwithstanding subsection (a) of this Code section, the Commissioner or his delegate is authorized to enter upon the premises of any establishment which is exempt from regular inspections under the provisions of subsection (a) of this Code section and inspect such establishment and any facilities, carcasses, parts thereof, meat, meat food products, containers, and packaging to determine whether such establishment qualifies for exemption from regular inspections and is otherwise in compliance with the laws of this state and the rules and regulations of the Commissioner adopted pursuant thereto.

(c) The slaughter of animals and preparation of articles referred to in paragraph (2) of subsection (a) and in subsection (b) of this Code section shall be conducted in accordance with such sanitary conditions as the Commissioner may by regulations prescribe. Notwithstanding subsection (a) of this Code section, the Commissioner or his delegate is authorized to enter upon the premises of any establishment which is exempt from regular inspections under the provisions of subsection (a) of this Code section and inspect such establishment and any facilities, carcasses, parts thereof, meat, meat food products, containers, and packaging to determine whether such establishment qualifies for exemption from regular inspections and is otherwise in compliance with the laws of this state and the rules and regulations of the Commissioner adopted pursuant thereto.

(d) The adulteration and misbranding provisions of this part, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected under this Code section.

(d) The adulteration and misbranding provisions of this part, other than the requirement of the inspection legend, shall apply to articles which are not required to be inspected under this Code section.
O.C.G.A. § 26-2-352 — GA Code / Title 26 / Chapter 2 / Section 26-2-352
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-352
Status: in_force

The Commissioner is charged with the enforcement of this article and is authorized to adopt sanitary standards and specifications for the manufacture, bottling, and distribution of a bottled soft drink or a soft drink syrup. No person shall manufacture, bottle, or distribute any bottled soft drink or soft drink syrup that has been produced, manufactured, bottled, or distributed under sanitary conditions and specifications that are less than those adopted by the Commissioner; provided, however, that such standards and specifications shall be no less than those adopted pursuant to the food laws of this state.
O.C.G.A. § 26-4-29 — GA Code / Title 26 / Chapter 4 / Section 26-4-29
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-29
Status: in_force

(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-71 ; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3 , to the Department of Community Health, except that such department shall prepare and submit the budget for the Georgia Drugs and Narcotics Agency. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The Georgia Drugs and Narcotics Agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director.

(a) The agency created in 1908 as the Office of the Chief Drug Inspector and known as the Georgia Drugs and Narcotics Agency since 1976 is continued in existence as the Georgia Drugs and Narcotics Agency. This agency shall be a budget unit as defined under Code Section 45-12-71 ; provided, however, that the agency shall be assigned for administrative purposes only, as defined in Code Section 50-4-3 , to the Department of Community Health, except that such department shall prepare and submit the budget for the Georgia Drugs and Narcotics Agency. The Georgia Drugs and Narcotics Agency is authorized by this Code section to enforce the drug laws of this state. The board shall appoint a director who shall be charged with supervision and control of such agency. The Georgia Drugs and Narcotics Agency shall employ the number of personnel deemed necessary to properly protect the health, safety, and welfare of the citizens of this state. Such personnel shall be pharmacists registered in this state when employed as either special agents or the deputy director.

(b) The director shall hold office at the pleasure of the board, and should any vacancy occur in such office for any cause whatsoever, the board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The director shall serve as the assistant executive director for the board and act on behalf of the executive director during his or her absence. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or Georgia Drugs and Narcotics Agency personnel acting on behalf of the director, shall have the duty and the power to: (1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce; (2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection; (4) Take up samples of the articles listed in paragraph (1) of this subsection from any of such establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131 ; (5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapter 3 of this title and this chapter and deliver such articles to the agency; (6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and (7) Perform such other duties as may be directed by the board.

(b) The director shall hold office at the pleasure of the board, and should any vacancy occur in such office for any cause whatsoever, the board shall appoint a successor at a regular or called meeting. The director shall be a pharmacist registered in this state. The director shall serve as the assistant executive director for the board and act on behalf of the executive director during his or her absence. The salary of the director shall be fixed by the board. The whole time of the director shall be at the disposal of the board. The director, or Georgia Drugs and Narcotics Agency personnel acting on behalf of the director, shall have the duty and the power to:

(1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce;

(1) Visit and inspect factories, warehouses, wholesaling establishments, retailing establishments, chemical laboratories, and such other establishments in which any drugs, devices, cosmetics, and such articles known as family remedies, grocer's drugs, and toilet articles are manufactured, processed, packaged, sold at wholesale, sold at retail, or otherwise held for introduction into commerce;

(2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection;

(2) Enter and inspect any vehicle used to transport or hold any drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection;

(3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection;

(3) Investigate alleged violations of laws and regulations regarding drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection;

(4) Take up samples of the articles listed in paragraph (1) of this subsection from any of such establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131 ;

(4) Take up samples of the articles listed in paragraph (1) of this subsection from any of such establishments for examination and analysis by the state chemist, or under such person's direction and supervision, as provided by Code Section 26-4-131 ;

(5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapter 3 of this title and this chapter and deliver such articles to the agency;

(5) Seize and take possession of all articles which are declared to be contraband under Chapter 13 of Title 16 and Chapter 3 of this title and this chapter and deliver such articles to the agency;

(6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and

(6) Compel the attendance of witnesses and the production of evidence on behalf of the board via a subpoena issued by the director, when there is reason to believe any violations of laws or regulations concerning drugs, devices, cosmetics, or any of the articles listed in paragraph (1) of this subsection have occurred; and

(7) Perform such other duties as may be directed by the board.

(7) Perform such other duties as may be directed by the board.

(c)(1) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapter 3 of this title and this chapter. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.” (2) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest.

(c)(1) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapter 3 of this title and this chapter. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.”

(c)(1) The director, deputy director, and special agents of the Georgia Drugs and Narcotics Agency shall have the authority and power that sheriffs possess to make arrests of any persons violating or charged with violating Chapter 13 of Title 16 and Chapter 3 of this title and this chapter. The deputy director and special agents shall be required to be P.O.S.T. certified peace officers under Chapter 8 of Title 35, the “Georgia Peace Officer Standards and Training Act.”

(2) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest.

(2) In case of such arrest, the director, deputy director, or any of the special agents shall immediately deliver the person so arrested to the custody of the sheriff of the county wherein the offense is alleged to have been committed. The duty of the sheriff in regard to the person delivered to the sheriff by any such person arrested under power of this Code section shall be the same as if the sheriff had made the original arrest.

(d) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions after accumulating 25 years of service in the agency, as a result of a disability arising in the line of duty, or pursuant to approval by the State Board of Pharmacy, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and, upon leaving the agency, the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy.

(d) When the deputy director or a special agent employed by the Georgia Drugs and Narcotics Agency leaves the agency under honorable conditions after accumulating 25 years of service in the agency, as a result of a disability arising in the line of duty, or pursuant to approval by the State Board of Pharmacy, such director or agent shall be entitled to retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy, and, upon leaving the agency, the director of the Georgia Drugs and Narcotics Agency shall retain his or her weapon and badge pursuant to approval by the State Board of Pharmacy.

(e) The Georgia Drugs and Narcotics Agency may employ personnel who are not special agents to conduct and assist with inspections.

(e) The Georgia Drugs and Narcotics Agency may employ personnel who are not special agents to conduct and assist with inspections.

(f) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board may instruct the director to: (1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview; (2) Forward such reports to the Attorney General's office for action decided on by the board; or (3) Take whatever other action the board deems necessary.

(f) Except as otherwise provided in this chapter, upon receiving a summary report from agency personnel, the director shall report to the board what have been determined to be violations of the drug laws and rules over which the board has authority. After such reports have been made to the board, the board may instruct the director to:

(1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview;

(1) Cite any such person or establishment to appear before the cognizant member of the board for an investigative interview;

(2) Forward such reports to the Attorney General's office for action decided on by the board; or

(2) Forward such reports to the Attorney General's office for action decided on by the board; or

(3) Take whatever other action the board deems necessary.

(3) Take whatever other action the board deems necessary.

(g) The Georgia Drugs and Narcotics Agency may contract with and submit invoices for payment of services rendered to other professional licensing boards for the purposes of conducting investigations on their behalf and under the authority of such other professional licensing boards. Such investigations and subsequent reports and summaries shall be subject to the same confidentiality restrictions and disclosure as required for investigations and reports for the requesting professional licensing board. Any such payment of services received by the agency shall be deposited into the general fund of the state treasury.

(g) The Georgia Drugs and Narcotics Agency may contract with and submit invoices for payment of services rendered to other professional licensing boards for the purposes of conducting investigations on their behalf and under the authority of such other professional licensing boards. Such investigations and subsequent reports and summaries shall be subject to the same confidentiality restrictions and disclosure as required for investigations and reports for the requesting professional licensing board. Any such payment of services received by the agency shall be deposited into the general fund of the state treasury.

(h) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22 .

(h) The Georgia Drugs and Narcotics Agency shall compile and submit to the General Assembly during each annual legislative session a list of known dangerous drugs as defined in subsection (a) of Code Section 16-13-71 and any other drugs or devices which the board has determined may be dangerous or detrimental to the public health and safety and should require a prescription, and the Georgia Drugs and Narcotics Agency shall assist the State Board of Pharmacy during each annual legislative session by compiling and submitting a list of substances to add to or reschedule substances enumerated in the schedules in Code Sections 16-13-25 through 16-13-29 by using the guidelines set forth in Code Section 16-13-22 .

(i) The State Board of Pharmacy is authorized and directed to publish in print or electronically and distribute the “Dangerous Drug List” as prepared by the Georgia Drugs and Narcotics Agency and the “Georgia Controlled Substances Act” as enacted by law.

(i) The State Board of Pharmacy is authorized and directed to publish in print or electronically and distribute the “Dangerous Drug List” as prepared by the Georgia Drugs and Narcotics Agency and the “Georgia Controlled Substances Act” as enacted by law.

(j) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable, or at no cost, such number of copies of the “Dangerous Drug List” and “Georgia Controlled Substances Act” to law enforcement officials, school officials, parents, and other interested citizens as are required.

(j) The Georgia State Board of Pharmacy shall provide for a fee as deemed reasonable, or at no cost, such number of copies of the “Dangerous Drug List” and “Georgia Controlled Substances Act” to law enforcement officials, school officials, parents, and other interested citizens as are required.
O.C.G.A. § 26-2-180 — GA Code / Title 26 / Chapter 2 / Section 26-2-180
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-180
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) “Contaminate” means to cause the loss of wholesomeness for human consumption.

(2) “Contaminate” means to cause the loss of wholesomeness for human consumption.
O.C.G.A. § 26-4-116-1 — GA Code / Title 26 / Chapter 4 / Section 26-4-116-1
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-116.1
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 auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 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 auto-injectable epinephrine in the name of a public or private school for use in accordance with Code Section 20-2-776.2 and in accordance with protocol specified by such physician, advanced practice registered nurse, or physician assistant.

(b) 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 auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 31-1-14 .

(b) 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 auto-injectable epinephrine in the name of an authorized entity in accordance with Code Section 31-1-14 .

(c) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) or (b) of this Code section.

(c) A pharmacist may dispense auto-injectable epinephrine pursuant to a prescription issued in accordance with subsection (a) or (b) of this Code section.
O.C.G.A. § 26-4-30 — GA Code / Title 26 / Chapter 4 / Section 26-4-30
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-30
Status: in_force

This chapter shall not be construed to prohibit the sale by general merchants or other nonpharmacy retailers of nonprescription drugs when sold only in their original and unbroken packages.
O.C.G.A. § 26-2-464 — GA Code / Title 26 / Chapter 2 / Section 26-2-464
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-464
Status: in_force

Any person, firm, or corporation subject to this article or 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.
O.C.G.A. § 26-2-291 — GA Code / Title 26 / Chapter 2 / Section 26-2-291
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-291
Status: in_force

(a) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale, for human consumption in this state, any flour unless the following vitamins and other ingredients are contained in each pound of such flour: (1) Not less than 2.0 milligrams of vitamin B1 (thiamin); (2) Not less than 1.2 milligrams of riboflavin; (3) Not less than 16 milligrams of niacin (nicotinic acid) or niacin amide (nicotinic acid amide); and (4) Not less than 13 milligrams of iron.

(a) It shall be unlawful for any person to manufacture, mix, compound, sell, or offer for sale, for human consumption in this state, any flour unless the following vitamins and other ingredients are contained in each pound of such flour:

(1) Not less than 2.0 milligrams of vitamin B1 (thiamin);

(1) Not less than 2.0 milligrams of vitamin B1 (thiamin);

(2) Not less than 1.2 milligrams of riboflavin;

(2) Not less than 1.2 milligrams of riboflavin;

(3) Not less than 16 milligrams of niacin (nicotinic acid) or niacin amide (nicotinic acid amide); and

(3) Not less than 16 milligrams of niacin (nicotinic acid) or niacin amide (nicotinic acid amide); and

(4) Not less than 13 milligrams of iron.

(4) Not less than 13 milligrams of iron.

(b) The enrichment of self-rising flour shall require, in addition to the ingredients required in subsection (a) of this Code section, not less than 500 milligrams of calcium.

(b) The enrichment of self-rising flour shall require, in addition to the ingredients required in subsection (a) of this Code section, not less than 500 milligrams of calcium.

(c) The Commissioner of Agriculture is authorized to change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.

(c) The Commissioner of Agriculture is authorized to change, or add to, in his discretion, the specifications for ingredients and the amounts thereof, in order that they shall conform to the federal definition of enriched flour when promulgated or as may from time to time be amended.

(d) If other vitamins and minerals are added to flour, they shall be added only in accordance with the regulations of the Commissioner.

(d) If other vitamins and minerals are added to flour, they shall be added only in accordance with the regulations of the Commissioner.

(e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.

(e) Iron shall be added only in forms which are assimilable and harmless and which do not impair the enriched flour.

(f) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from a natural or synthetic source, addition of minerals, or by a combination of these methods, or by any method which is permitted by the Commissioner with respect to flour.

(f) The enrichment of flour shall be accomplished by a milling process, addition of vitamins from a natural or synthetic source, addition of minerals, or by a combination of these methods, or by any method which is permitted by the Commissioner with respect to flour.
O.C.G.A. § 26-3-2 — GA Code / Title 26 / Chapter 3 / Section 26-3-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-3-2
Status: in_force

As used in this chapter, the term:

(1) “Advertisement” means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics.

(1) “Advertisement” means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics.

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

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

(3) “Contaminated with filth” applies to any drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contamination.

(3) “Contaminated with filth” applies to any drug, device, or cosmetic not securely protected from dust, dirt, and, as far as may be necessary by all reasonable means, from all foreign or injurious contamination.

(4) “Cosmetic” means: (A) Articles intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and (B) Articles intended for use as a component of any such articles, except that such term shall not include soap.

(4) “Cosmetic” means:

(A) Articles intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

(A) Articles intended to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance; and

(B) Articles intended for use as a component of any such articles, except that such term shall not include soap.

(B) Articles intended for use as a component of any such articles, except that such term shall not include soap.

(5) “ Device ” (except when used in paragraph (10) of Code Section 26-3-3 , paragraph (3) of subsection (a) of Code Section 26-3-8 , paragraph (3) of Code Section 26-3-12 , and Code Section 26-3-14 ) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended: (A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; or (B) To affect the structure or any function of the body of man.

(5) “ Device ” (except when used in paragraph (10) of Code Section 26-3-3 , paragraph (3) of subsection (a) of Code Section 26-3-8 , paragraph (3) of Code Section 26-3-12 , and Code Section 26-3-14 ) means instruments, apparatus, and contrivances, including their components, parts, and accessories, intended:

(A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; or

(A) For use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; or

(B) To affect the structure or any function of the body of man.

(B) To affect the structure or any function of the body of man.

(6) “Drug” means: (A) Articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them; (B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man; (C) Articles other than food intended to affect the structure or any function of the body of man; or (D) Articles intended for use as a component of any article specified in subparagraph (A), (B), or (C), but does not include devices or their components, parts, or accessories.

(6) “Drug” means:

(A) Articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(A) Articles recognized in the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them;

(B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;

(B) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man;

(C) Articles other than food intended to affect the structure or any function of the body of man; or

(C) Articles other than food intended to affect the structure or any function of the body of man; or

(D) Articles intended for use as a component of any article specified in subparagraph (A), (B), or (C), but does not include devices or their components, parts, or accessories.

(D) Articles intended for use as a component of any article specified in subparagraph (A), (B), or (C), but does not include devices or their components, parts, or accessories.

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

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

(8) “Immediate container” does not include package liners.

(8) “Immediate container” does not include package liners.

(9) “Label” means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on or is easily legible through any existing outside container or wrapper.

(9) “Label” means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on or is easily legible through any existing outside container or wrapper.

(10) “Labeling” means all labels and other written, printed, or graphic matters: (A) Upon an article or any of its containers or wrappers; or (B) Accompanying such article.

(10) “Labeling” means all labels and other written, printed, or graphic matters:

(A) Upon an article or any of its containers or wrappers; or

(A) Upon an article or any of its containers or wrappers; or

(B) Accompanying such article.

(B) Accompanying such article.

(11) “New drug” means: (A) Any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or (B) Any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not been used to a material extent or for a material time under such conditions other than in such investigations.

(11) “New drug” means:

(A) Any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or

(A) Any drug the composition of which is such that such drug is not generally recognized among experts qualified by scientific training and experience to evaluate the safety of drugs as safe for use under the conditions prescribed, recommended, or suggested in the labeling thereof; or

(B) Any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not been used to a material extent or for a material time under such conditions other than in such investigations.

(B) Any drug the composition of which is such that such drug, as a result of investigations to determine its safety for use under such conditions, has become so recognized, but which has not been used to a material extent or for a material time under such conditions other than in such investigations.

(12) “ Official compendium ” means the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

(12) “ Official compendium ” means the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.

(13) “Person” means an individual, partnership, corporation, company, or association.

(13) “Person” means an individual, partnership, corporation, company, or association.
O.C.G.A. § 26-4-142 — GA Code / Title 26 / Chapter 4 / Section 26-4-142
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-142
Status: in_force

As used in this article, the term:

(1) “Administrator” means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both.

(1) “Administrator” means that person, corporation, or business entity which administers a program, is legally liable for any payments to a participating pharmacy under a program, or both.

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

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

(3) “Contract” means a program contract.

(3) “Contract” means a program contract.

(4) “Enrollee” means a consumer who receives pharmaceuticals under a program.

(4) “Enrollee” means a consumer who receives pharmaceuticals under a program.

(5) “Participating pharmacy” means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program.

(5) “Participating pharmacy” means a pharmacy having a contract to provide pharmaceuticals to enrollees under a program.

(6) “Pharmaceuticals” means drugs, devices, or services available from a pharmacy.

(6) “Pharmaceuticals” means drugs, devices, or services available from a pharmacy.

(7) “Prevailing rate” means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less.

(7) “Prevailing rate” means the average wholesale price of the pharmaceutical during the applicable period, plus the usual, customary, and reasonable dispensing fee added thereto, provided that in no event shall the amount submitted for reimbursement by a pharmacy under this article exceed the eighty-fifth percentile of the retail prices charged by all pharmacies in Georgia for the same or similar pharmaceuticals during such period of time or the actual price charged by the submitting pharmacy to consumers, other than enrollees, for the same or similar pharmaceuticals during such period of time, whichever is less.

(8) “Program” means a third-party prescription program.

(8) “Program” means a third-party prescription program.

(9) “Program contract” means that contract creating rights and obligations between a participating pharmacy and a program or administrator.

(9) “Program contract” means that contract creating rights and obligations between a participating pharmacy and a program or administrator.

(10) “Program identification card” means a document which identifies enrollees as participants in a program.

(10) “Program identification card” means a document which identifies enrollees as participants in a program.

(11) “Third-party prescription program” means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others.

(11) “Third-party prescription program” means any system of providing payments or reimbursement of payments made for pharmaceuticals pursuant to a contract between a pharmacy and another party, including insurance companies and administrators of programs, who are not consumers of the pharmaceuticals under that contract and shall include, without being limited to, insurance plans whereby an enrollee receives pharmaceuticals which are paid for by insurance companies or administrators, or by an agent of his employer, or by others.
O.C.G.A. § 26-2-379 — GA Code / Title 26 / Chapter 2 / Section 26-2-379
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-379
Status: in_force

(a) A county board of health outside a mobile food service establishment's county of origin shall recognize the permit from the mobile food service establishment's county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service establishment to operate in an outside county subject to the ordinances of such county or city.

(a) A county board of health outside a mobile food service establishment's county of origin shall recognize the permit from the mobile food service establishment's county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service establishment to operate in an outside county subject to the ordinances of such county or city.

(b) A county board of health shall use the following process to recognize a permit from a mobile food service establishment's county of origin: (1) Prior to operating in a county outside the mobile food service establishment's county of origin, a mobile food service establishment shall submit to the county board of health in the outside county a copy of its mobile food service establishment permit from its county of origin, its permit for its base of operations, a listing of any other counties where it is authorized to operate, a listing of locations in the county where the mobile food service establishment intends to operate, a listing of the dates and times of intended operation, and any other documentation required by the county board of health. The listing of any other counties where the mobile food service establishment intends to operate shall be updated by the mobile food service establishment when it operates in additional counties. Such information shall be submitted in a manner determined by the county board of health, but an electronic delivery format shall be available; and (2) Upon receipt of all required information, the county board of health in the outside county shall verify on the Department of Public Health's permit inspection data base that the permit is in good standing in the county of origin and in any other counties where the mobile food service establishment has been authorized to operate. All county boards of health shall utilize the department's permit inspection data base. The county board of health for such outside county may charge an administrative fee, limited to the costs incurred, to confirm the mobile food service establishment's standing in other counties where it is authorized to operate. Upon verification that the permit is in good standing and there are not public health or safety concerns, a county shall recognize the permit and shall authorize the mobile food service establishment to operate in its jurisdiction and have jurisdiction over the mobile food service establishment.

(b) A county board of health shall use the following process to recognize a permit from a mobile food service establishment's county of origin:

(1) Prior to operating in a county outside the mobile food service establishment's county of origin, a mobile food service establishment shall submit to the county board of health in the outside county a copy of its mobile food service establishment permit from its county of origin, its permit for its base of operations, a listing of any other counties where it is authorized to operate, a listing of locations in the county where the mobile food service establishment intends to operate, a listing of the dates and times of intended operation, and any other documentation required by the county board of health. The listing of any other counties where the mobile food service establishment intends to operate shall be updated by the mobile food service establishment when it operates in additional counties. Such information shall be submitted in a manner determined by the county board of health, but an electronic delivery format shall be available; and

(1) Prior to operating in a county outside the mobile food service establishment's county of origin, a mobile food service establishment shall submit to the county board of health in the outside county a copy of its mobile food service establishment permit from its county of origin, its permit for its base of operations, a listing of any other counties where it is authorized to operate, a listing of locations in the county where the mobile food service establishment intends to operate, a listing of the dates and times of intended operation, and any other documentation required by the county board of health. The listing of any other counties where the mobile food service establishment intends to operate shall be updated by the mobile food service establishment when it operates in additional counties. Such information shall be submitted in a manner determined by the county board of health, but an electronic delivery format shall be available; and

(2) Upon receipt of all required information, the county board of health in the outside county shall verify on the Department of Public Health's permit inspection data base that the permit is in good standing in the county of origin and in any other counties where the mobile food service establishment has been authorized to operate. All county boards of health shall utilize the department's permit inspection data base. The county board of health for such outside county may charge an administrative fee, limited to the costs incurred, to confirm the mobile food service establishment's standing in other counties where it is authorized to operate. Upon verification that the permit is in good standing and there are not public health or safety concerns, a county shall recognize the permit and shall authorize the mobile food service establishment to operate in its jurisdiction and have jurisdiction over the mobile food service establishment.

(2) Upon receipt of all required information, the county board of health in the outside county shall verify on the Department of Public Health's permit inspection data base that the permit is in good standing in the county of origin and in any other counties where the mobile food service establishment has been authorized to operate. All county boards of health shall utilize the department's permit inspection data base. The county board of health for such outside county may charge an administrative fee, limited to the costs incurred, to confirm the mobile food service establishment's standing in other counties where it is authorized to operate. Upon verification that the permit is in good standing and there are not public health or safety concerns, a county shall recognize the permit and shall authorize the mobile food service establishment to operate in its jurisdiction and have jurisdiction over the mobile food service establishment.

(c) An outside county may refuse to recognize a mobile food service establishment's permit if the base of operation or mobile unit permit is not from another county in this state, if the base of operation or mobile unit permit is not in good standing in the county of origin or any county within which it is authorized to operate, or for public health and safety concerns. If the county refuses to recognize a mobile food service establishment's permit, the county shall provide the mobile food service establishment written notice regarding the basis for its refusal.

(c) An outside county may refuse to recognize a mobile food service establishment's permit if the base of operation or mobile unit permit is not from another county in this state, if the base of operation or mobile unit permit is not in good standing in the county of origin or any county within which it is authorized to operate, or for public health and safety concerns. If the county refuses to recognize a mobile food service establishment's permit, the county shall provide the mobile food service establishment written notice regarding the basis for its refusal.

(d) The mobile food service establishment may be subject to periodic and unannounced inspections in any outside county where its permit has been recognized. County boards of health shall utilize discretion when inspecting mobile food service establishments that have been authorized to operate in multiple jurisdictions to ensure they are not inspected more frequently than necessary to protect public health and safety. A mobile food service establishment shall allow the county board of health access for inspection when the mobile food service establishment is physically operating in such county.

(d) The mobile food service establishment may be subject to periodic and unannounced inspections in any outside county where its permit has been recognized. County boards of health shall utilize discretion when inspecting mobile food service establishments that have been authorized to operate in multiple jurisdictions to ensure they are not inspected more frequently than necessary to protect public health and safety. A mobile food service establishment shall allow the county board of health access for inspection when the mobile food service establishment is physically operating in such county.

(e) Fees for inspections conducted in outside counties shall be paid in full by the next business day. Failure to pay for inspections in outside counties will result in termination of authorization to operate in that county. The inspection fee shall be limited to the administrative costs incurred by the county to complete the inspection.

(e) Fees for inspections conducted in outside counties shall be paid in full by the next business day. Failure to pay for inspections in outside counties will result in termination of authorization to operate in that county. The inspection fee shall be limited to the administrative costs incurred by the county to complete the inspection.

(f) If any such inspection results in a violation, any outside county shall notify the county of origin and any other counties where the mobile food service establishment is authorized to operate of the violation. Any county where the mobile food service establishment operates may issue a court citation, terminate authorization for the mobile food service establishment to operate in the county, or require implementation of a remediation plan for the violation.

(f) If any such inspection results in a violation, any outside county shall notify the county of origin and any other counties where the mobile food service establishment is authorized to operate of the violation. Any county where the mobile food service establishment operates may issue a court citation, terminate authorization for the mobile food service establishment to operate in the county, or require implementation of a remediation plan for the violation.

(g) A mobile food service establishment shall stay current with its annual inspection fees in its county of origin and shall provide any outside counties where it is authorized to operate proof of currency before operating in that county.

(g) A mobile food service establishment shall stay current with its annual inspection fees in its county of origin and shall provide any outside counties where it is authorized to operate proof of currency before operating in that county.

(h) Mobile food service establishment operators shall be required to return to their base of operation at least daily or more often if needed to service their unit with fresh water and to empty their wastewater tank.

(h) Mobile food service establishment operators shall be required to return to their base of operation at least daily or more often if needed to service their unit with fresh water and to empty their wastewater tank.

(i) If at any time a mobile food service establishment's permit is no longer in good standing in any jurisdiction, a county may revoke the establishment's authorization to operate in its jurisdiction.

(i) If at any time a mobile food service establishment's permit is no longer in good standing in any jurisdiction, a county may revoke the establishment's authorization to operate in its jurisdiction.

(j) The Department of Public Health may establish an expedited permit approval and recognition process for mobile food service establishments for counties to utilize that is consistent with the provisions of this Code section.

(j) The Department of Public Health may establish an expedited permit approval and recognition process for mobile food service establishments for counties to utilize that is consistent with the provisions of this Code section.

(k) The Department of Public Health may develop rules and regulations governing the operation of mobile food service establishments. Any such rules and regulations shall be tailored to address health and safety risks.

(k) The Department of Public Health may develop rules and regulations governing the operation of mobile food service establishments. Any such rules and regulations shall be tailored to address health and safety risks.
O.C.G.A. § 26-4-161 — GA Code / Title 26 / Chapter 4 / Section 26-4-161
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-161
Status: in_force

No licensed pharmacist shall sell or deliver any of the poisons included in paragraph (1) of Code Section 26-4-160 without first making an entry in a book for that purpose, stating the date of the delivery, the name and address of the person receiving the poison, the name and quantity of the poison, the purpose for which it is represented by such person to be required, and the name of the dispenser. Such book shall always be open for inspection by the proper authorities and shall be preserved for reference for at least five years.
O.C.G.A. § 26-2-267 — GA Code / Title 26 / Chapter 2 / Section 26-2-267
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-267
Status: in_force

The Commissioner of Agriculture is authorized to promulgate, issue, and set up such additional rules, regulations, grades, standards, or otherwise as in his judgment are necessary to carry out the intent and purpose of this article. The sanitarians and inspectors authorized in Code Section 26-2-266 are authorized to exercise all the authority, powers, and privileges now delegated to the duly authorized food inspectors of the Department of Agriculture by existing law.
O.C.G.A. § 26-2-268 — GA Code / Title 26 / Chapter 2 / Section 26-2-268
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-268
Status: in_force

(a) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case and on this label shall be legibly printed or stamped, in letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date, which shall not exceed 45 days from the date packed; the size and grade of the eggs; and either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The name of the state of origin may be given. When eggs are sold in cartons, the cartons must show the date packed or the expiration date, which shall not exceed 45 days from the date packed, and the grade and size, together with either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The state of origin may also be given.

(a) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case and on this label shall be legibly printed or stamped, in letters not less than one-fourth of an inch in size, the date when the eggs were packed and candled or the expiration date, which shall not exceed 45 days from the date packed; the size and grade of the eggs; and either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The name of the state of origin may be given. When eggs are sold in cartons, the cartons must show the date packed or the expiration date, which shall not exceed 45 days from the date packed, and the grade and size, together with either the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code. The state of origin may also be given.

(b) Abbreviations of any words in the classification or in designating the grade and size shall not be permitted. The information pertaining to the grade and size shall be shown in legible letters not less than one-fourth of an inch in size. The information pertaining to the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code and the date packed or expiration date shall be legibly given. All wording on egg cases and egg cartons must be in the English language and must have prior approval from the Georgia Department of Agriculture before using.

(b) Abbreviations of any words in the classification or in designating the grade and size shall not be permitted. The information pertaining to the grade and size shall be shown in legible letters not less than one-fourth of an inch in size. The information pertaining to the name and address of the packer or the U.S.D.A. assigned plant number or a state approved plant identification code and the date packed or expiration date shall be legibly given. All wording on egg cases and egg cartons must be in the English language and must have prior approval from the Georgia Department of Agriculture before using.

(c) Words or phrases tending to becloud or nullify the proper classification of eggs shall not be permitted. Each word of the classification, including the name of the state of origin, shall appear in the same size type and color in any printed advertisement. Abbreviations of any word in the classification or in designating the size and grade to which eggs belong shall not be permitted. Every person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise shall set forth in the advertisement the classification as to size and grade of the eggs offered for sale. The classification shall be set forth in letters equal in size to those advertising the eggs for sale.

(c) Words or phrases tending to becloud or nullify the proper classification of eggs shall not be permitted. Each word of the classification, including the name of the state of origin, shall appear in the same size type and color in any printed advertisement. Abbreviations of any word in the classification or in designating the size and grade to which eggs belong shall not be permitted. Every person advertising eggs for sale, at retail or wholesale, in newspapers, by window displays, or otherwise shall set forth in the advertisement the classification as to size and grade of the eggs offered for sale. The classification shall be set forth in letters equal in size to those advertising the eggs for sale.
O.C.G.A. § 26-4-28-2 — GA Code / Title 26 / Chapter 4 / Section 26-4-28-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-28.2
Status: in_force

Any licensee, registration holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the board of the conviction within ten days of the conviction. The failure to notify the board of a conviction shall be considered grounds for revocation of his or her license, registration, permit, or other authorization to engage in the practice of pharmacy or another profession regulated under this chapter.
O.C.G.A. § 26-2-186 — GA Code / Title 26 / Chapter 2 / Section 26-2-186
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-186
Status: in_force

Any person who violates this article or the rules and regulations promulgated under this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-5-58 — GA Code / Title 26 / Chapter 5 / Section 26-5-58
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-5-58
Status: in_force

Any person who violates any provision of this article shall be guilty of a misdemeanor.
O.C.G.A. § 26-4-116-2 — GA Code / Title 26 / Chapter 4 / Section 26-4-116-2
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-4-116.2
Status: in_force

(a) As used in this Code section, the term: (1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies. (2) “ Harm reduction organization ” means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to individuals at risk of experiencing an opioid related overdose. (3) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose. (4) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required. (5) “ Pain management clinic ” means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43. (6) “ Practitioner ” means a physician licensed to practice medicine in this state.

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

(1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies.

(1) “ First responder ” means any person or agency who provides on-site care until the arrival of a duly licensed ambulance service. This shall include, but not be limited to, persons who routinely respond to calls for assistance through an affiliation with law enforcement agencies, fire departments, and rescue agencies.

(2) “ Harm reduction organization ” means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to individuals at risk of experiencing an opioid related overdose.

(2) “ Harm reduction organization ” means an organization which provides direct assistance and services, such as syringe exchanges, counseling, homeless services, advocacy, drug treatment, and screening, to individuals at risk of experiencing an opioid related overdose.

(3) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose.

(3) “ Opioid antagonist ” means any drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors and that is approved by the federal Food and Drug Administration for the treatment of an opioid related overdose.

(4) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required.

(4) “ Opioid related overdose ” means an acute condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, resulting from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be resulting from the consumption or use of an opioid or another substance with which an opioid was combined for which medical assistance is required.

(5) “ Pain management clinic ” means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43.

(5) “ Pain management clinic ” means a clinic licensed pursuant to Article 10 of Chapter 34 of Title 43.

(6) “ Practitioner ” means a physician licensed to practice medicine in this state.

(6) “ Practitioner ” means a physician licensed to practice medicine in this state.

(b) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may prescribe an opioid antagonist for use in accordance with a protocol specified by such practitioner to a person at risk of experiencing an opioid related overdose or to a pain management clinic, first responder, harm reduction organization, family member, friend, or other person in a position to assist a person at risk of experiencing an opioid related overdose.

(b) A practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner may prescribe an opioid antagonist for use in accordance with a protocol specified by such practitioner to a person at risk of experiencing an opioid related overdose or to a pain management clinic, first responder, harm reduction organization, family member, friend, or other person in a position to assist a person at risk of experiencing an opioid related overdose.

(c) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (b) of this Code section or Code Section 31-1-10 .

(c) A pharmacist acting in good faith and in compliance with the standard of care applicable to pharmacists may dispense opioid antagonists pursuant to a prescription issued in accordance with subsection (b) of this Code section or Code Section 31-1-10 .

(d) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed pursuant to subsection (b) of this Code section in accordance with the protocol specified by the practitioner or pursuant to Code Section 31-1-10 .

(d) A person acting in good faith and with reasonable care to another person whom he or she believes to be experiencing an opioid related overdose may administer an opioid antagonist that was prescribed pursuant to subsection (b) of this Code section in accordance with the protocol specified by the practitioner or pursuant to Code Section 31-1-10 .

(e) The following individuals shall be immune from any civil liability, criminal responsibility, or professional licensing sanctions for the following actions authorized by this Code section: (1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section; (2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section; (3) The state health officer acting in good faith and as provided in Code Section 31-1-10 ; and (4) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section.

(e) The following individuals shall be immune from any civil liability, criminal responsibility, or professional licensing sanctions for the following actions authorized by this Code section:

(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section;

(1) Any practitioner acting in good faith and in compliance with the standard of care applicable to that practitioner who prescribes an opioid antagonist pursuant to subsection (b) of this Code section;

(2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section;

(2) Any practitioner or pharmacist acting in good faith and in compliance with the standard of care applicable to that practitioner or pharmacist who dispenses an opioid antagonist pursuant to a prescription issued in accordance with subsection (b) of this Code section;

(3) The state health officer acting in good faith and as provided in Code Section 31-1-10 ; and

(3) The state health officer acting in good faith and as provided in Code Section 31-1-10 ; and

(4) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section.

(4) Any person acting in good faith, other than a practitioner, who administers an opioid antagonist pursuant to subsection (d) of this Code section.

(f) Every pharmacy in this state shall retain a copy of the standing order issued under Code Section 31-1-10 .

(f) Every pharmacy in this state shall retain a copy of the standing order issued under Code Section 31-1-10 .
O.C.G.A. § 26-2-102 — GA Code / Title 26 / Chapter 2 / Section 26-2-102
Georgia Code Title 26. Food, Drugs, and Cosmetics § 26-2-102
Status: in_force

(a) For the purpose of preventing the use in commerce of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce.

(a) For the purpose of preventing the use in commerce of meat food products which are adulterated, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of all cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines before they shall be allowed to enter into any slaughtering, packing, meat-canning, rendering, or similar establishment in this state in which slaughtering and preparation of meat and meat food products of such animals are conducted for commerce.

(b) All cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations promulgated by the Commissioner.

(b) All cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines; and, when so slaughtered, the carcasses of said cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines shall be subject to a careful examination and inspection, all as provided by the rules and regulations promulgated by the Commissioner.

(c) For the purpose of preventing the inhumane slaughtering of livestock, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commissioner finds that any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with paragraph (2) of Code Section 26-2-110 and Code Section 26-2-110.1 until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.

(c) For the purpose of preventing the inhumane slaughtering of livestock, the Commissioner shall cause to be made, by inspectors appointed for that purpose, an examination and inspection of the method by which cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, and other equines are slaughtered and handled in connection with slaughter in the slaughtering establishments inspected under this article. The Commissioner may refuse to provide inspection to a new slaughtering establishment or may cause inspection to be suspended temporarily at a slaughtering establishment if the Commissioner finds that any cattle, sheep, swine, nontraditional livestock, rabbits, goats, horses, mules, or other equines have been slaughtered or handled in connection with slaughter at such establishment by any method not in accordance with paragraph (2) of Code Section 26-2-110 and Code Section 26-2-110.1 until the establishment furnishes assurances satisfactory to the Commissioner that all slaughtering and handling in connection with slaughter of livestock shall be in accordance with such a method.