reglab/housing_qa huggingface dataset:
GA Code § 26-2-25 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-25. Licensing of Food Sales Establishments; Revocation; Notice and Hearing; Transferability; Posting of License; Fees; Rules and Regulations

  It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article and until the licensee to be affected shall be provided with reasonable notice thereof and an opportunity for hearing, as provided under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Licenses issued under this article shall be renewed annually and shall not be transferable with respect to persons or location. Each food sales establishment licensed pursuant to this Code section shall post such license on the premises in an open and conspicuous manner so as to be visible to the public. Neither the state nor any county, municipality, or consolidated government shall issue or renew any business or occupation license or permit for any food sales establishment until the establishment complies with the requirements of this article.   The Commissioner shall charge the following fees for the licenses issued pursuant to subsection (a) of this Code section. The fee structure shall be based on the level of risk, procedural effort, and inspection time needed for each food sales establishment:   Tier 5............ $300.00   Tier 4............ 250.00   Tier 3............ 200.00   Tier 2............ 150.00   Tier 1............ 100.00     The Department of Agriculture shall establish rules and regulations by which to assign each food sales establishment to a proper tier and to collect the fees provided for in this Code section.    (Ga. L. 1971, p. 66, § 3; Ga. L. 2002, p. 815, § 1; Ga. L. 2010, p. 9, § 1-57/HB 1055.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2010, "establishment" was substituted for "establishments" at the end of the introductory language in subsection (b) and "regulations" was substituted for "regulation" in subsection (c).   RESEARCH REFERENCES   ALR.    - Validity of statute or ordinance relating to place of sale of food, 52 A.L.R. 669.   Application of occupation, sales, or license tax to one operating dining room, cafeteria, or beverage room incidental to business, 13 A.L.R.2d 1362.
GA Code § 26-2-27 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-27. Poisonous or Deleterious Substances in Food; Exception for Required Substances

  Any poisonous or deleterious substance added to any food, except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of paragraph (2) of Code Section 26-2-26.   When a poisonous or deleterious substance is required in the production of food or cannot be avoided by good manufacturing process, the Commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as the Commissioner finds necessary for the protection of public health; and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of the application of paragraph (2) of Code Section 26-2-26. While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of paragraph (1) of Code Section 26-2-26.   In determining the quantity of added poisonous or deleterious substances to be tolerated in or on different articles of food, the Commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.    (Ga. L. 1956, p. 195, § 13.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Food, § 20.   C.J.S.   - 36A C.J.S., Food, § 23.   ALR.    - Preservative as adulterant within statute in relation of food, 50 A.L.R. 76.    Statutory provisions relating to purity of food products as applicable to foreign substances which get into product as result of accident or negligence, and not by purpose or design, 98 A.L.R. 1496.    Constitutionality of statutes, ordinances or other regulations against adulteration of food products as applied to substances used for preservative purposes, 114 A.L.R. 1214.    Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from middleman, 140 A.L.R. 191; 142 A.L.R. 1490.
GA Code § 26-2-29 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-29. Misleading Advertisements; Certain Practices Declared Misleading

  An advertisement of a food shall be deemed to be false if it is misleading in any particular.   By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading:   Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;   Using deceptive representations or designations of geographic origin in connection with food;   Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;   Representing that food is of a particular standard, quality, or grade if it is not; or   Making false or misleading statements concerning the food of another.      (Ga. L. 1956, p. 195, § 14; Ga. L. 1989, p. 260, § 1.)   Cross references.   - False advertising generally, § 10-1-420 et seq.   RESEARCH REFERENCES   Am. Jur. 2d.   - 32 Am. Jur. 2d, False Pretenses, § 85. 37 Am. Jur. 2d, Fraud and Deceit, § 83.   C.J.S.   - 36A C.J.S., Food, § 41, 47, 48. 37 C.J.S., Fraud, § 23 et seq.   ALR.   - Validity and construction of regulations dealing with misrepresentation in the sale of Kosher food, 52 A.L.R.3d 959.
GA Code § 26-2-30 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-30. Factors to Be Taken Into Account in Determining Whether Labels or Advertisements Are Misleading

 If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then, in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested by statements, words, designs, devices, sound, or any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.   (Ga. L. 1956, p. 195, § 2.)   Cross references.   - False advertising generally, § 10-1-420 et seq.
GA Code § 26-2-30.1 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-30.1. Beef Produced Without Antibiotics or Growth Hormones; "Georgia Lean" Beef

  The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from which such beef was produced.   The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations and to establish standards for the labeling and certification of beef as "Georgia lean."     (Code 1981, §26-2-30.1, enacted by Ga. L. 1986, p. 1089, § 1.)
GA Code § 26-2-31 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-31. Repacking of Flour, Grits, Hominy, and Cornmeal; Exceptions

 Reserved. Repealed by Ga. L. 1999, p. 642, § 1, effective July 1, 1999.   Editor's notes.   - This Code section was based on Ga. L. 1889, p. 170, § 1; Ga. L. 1890-91, p. 236, § 1; Civil Code 1895, § 1622; Penal Code 1895, §§ 550, 551; Civil Code 1910, § 1865; Penal Code 1910, §§ 562, 563; Code 1933, §§ 42-318, 42-9902; Ga. L. 1958, p. 652, § 1.
GA Code § 26-2-32 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-32. Honey and Imitation Honey Labels

  It shall be unlawful for any person to package any product and label the product as "honey" or "imitation honey," or to use the word "honey" in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled "honey" or "imitation honey" or which contains a label with the word "honey" prominently displayed thereon, unless such product is pure honey manufactured by honeybees.   Any person who violates any provisions of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both.    (Ga. L. 1974, p. 450, § 1; Ga. L. 1990, p. 391, § 1.)   Cross references.   - Regulation of honeybees by Commissioner, § 2-14-40 et seq.   OPINIONS OF THE ATTORNEY GENERAL    Fingerprinting not required for violation of O.C.G.A. § 26-2-32. - Violation of O.C.G.A. § 26-2-32 is not, at this time, designated as an offense for which those charged with a violation are to be fingerprinted. 1990 Op. Att'y Gen. No. 90-22.   RESEARCH REFERENCES   ALR.    - Constitutionality of statutes requiring notice by label or otherwise, of the fact that product is imported, or as to the place of production, 124 A.L.R. 572.    Provisions of statutes against misbranding or false labeling of food, drug, or cosmetic products, as applicable to literature other than that attached to product itself, 143 A.L.R. 1453.    Penal offense predicated upon violation of food law as affected by ignorance or mistake of fact, lack of criminal intent, or presence of good faith, 152 A.L.R. 755.
GA Code § 26-2-33 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-33. Enforcement of Article by Commissioner; Employment of Personnel

  The Commissioner is charged with the duty of enforcing this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majority of square footage of building floor space used for the operation of food sales as defined in Code Section 26-2-21. The measurement of square footage shall consider indoor and outdoor dining areas as part of food service as defined in Code Section 26-2-370. The Commissioner shall employ the necessary personnel and shall fix their compensation and prescribe their duties. Duly authorized representatives are authorized to enter upon and inspect the premises of any food sales establishment.   Notwithstanding any other provision of this article, food service establishments as defined in Code Section 26-2-370 shall be inspected and regulated under Article 13 of this chapter and shall not be subject to inspection or enforcement under this article.    (Ga. L. 1956, p. 195, § 15; Ga. L. 2000, p. 1558, § 2.)
GA Code § 26-2-34 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-34. Promulgation of Regulations; Notice and Hearing for Proposed Amendments; Variances or Waivers

  The authority to promulgate regulations for the efficient enforcement of this article is vested in the Commissioner. The Commissioner is authorized to make the regulations promulgated under this article conform, insofar as practicable, with those promulgated under the federal act.   Hearings authorized or required by this article shall be conducted by the Commissioner or such officer, agent, or employee as the Commissioner may designate for the purpose.   Before promulgating any regulation authorized by Code Sections 26-2-35 and 26-2-37 and paragraph (10) of Code Section 26-2-28, the Commissioner shall give appropriate notice of the proposal and of the time and place for a hearing. The regulation so promulgated shall become effective on a date fixed by the Commissioner, which date shall not be prior to 30 days after its promulgation. Such regulation may be amended or repealed in the same manner as is provided for its adoption, except that, in the case of a regulation amending or repealing any such regulation, the Commissioner, to such an extent as is deemed necessary, in order to prevent undue hardship, may disregard the foregoing provisions regarding notices, hearing, or effective date.     For purposes of this subsection, the term:   "Substantial hardship" means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the person requesting a variance or waiver which impairs the ability of the person to continue to function in the regulated practice or business.   "Variance" means a decision by an agency to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule.   "Waiver" means a decision by an agency not to apply all or part of a rule to a person who is subject to the rule.     The Commissioner may grant a variance or waiver to any rule promulgated pursuant to this Code section when a person subject to such rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.   This subsection shall not apply, and no variance or waiver shall be sought or authorized, if the granting of such variance or waiver would be harmful to the public health, safety, or welfare.      (Ga. L. 1956, p. 195, § 15; Ga. L. 2017, p. 619, § 1/SB 78.)    The 2017 amendment,  effective July 1, 2017, added subsection (d).   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Food, § 3.   C.J.S.   - 36A C.J.S., Food, § 5.
GA Code § 26-2-34.1 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-34.1. Confidential Information

 The following information, records, and data obtained by the Department of Agriculture from the federal Food and Drug Administration pursuant to a contract or commissioning agreement shall be deemed confidential and shall not be open to inspection by the public, to the extent that it was obtained or furnished on a confidential basis or is exempt from disclosure under 5 U.S.C. Sec. 552, the federal Freedom of Information Act: trade secrets; confidential commercial information; information under the federal deliberative process privilege; information compiled for law enforcement purposes; or information expressly required to be kept confidential by other federal laws.    (Code 1981, §26-2-34.1, enacted by Ga. L. 2020, p. 486, § 1/SB 381.)
GA Code § 26-2-35 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-35. Food Regulations

  Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of identity and, if applicable, a reasonable standard of quality and fill of container.   In prescribing a definition and a standard of identity for any food or class of food in which optional ingredients are permitted, the Commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.    (Ga. L. 1956, p. 195, § 9.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Food, §§ 6, 11, 12, 42. 63C Am. Jur. 2d, Public Officers and Employees, § 460.   C.J.S.   - 36A C.J.S., Food, §§ 4, 14. 73 C.J.S., Public Administrative Law and Procedure, §§ 162, 163.
GA Code § 26-2-36 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-36. Right of Entry in Food Establishments and Transport Vehicles; Examination of Samples Obtained

  The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:   Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 26-2-27.1, to determine if any of the provisions of this article are being violated; and   Of securing samples or specimens of any food, after paying or offering to pay for such sample.     It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated.    (Ga. L. 1956, p. 195, § 16; Ga. L. 2009, p. 441, § 3/SB 80.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 35A Am. Jur. 2d, Food, § 12.   C.J.S.   - 36A C.J.S., Food, §§ 19, 20.   ALR.    - Validity, construction, and application of statutes or ordinances relating to inspection of food sold at retail, 127 A.L.R. 322.
GA Code § 26-2-37 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-37. Temporary Permits

  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.   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.   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.    (Ga. L. 1956, p. 195, § 12.)   RESEARCH REFERENCES   ALR.    - Seller's duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.   Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.   Liability for injury or death allegedly caused by food product containing object related to, but not intended to be present in, product, 2 A.L.R.5th 189.
GA Code § 26-2-39 (2021)
2021 Georgia Code|Title 26 - Food, Drugs, and Cosmetics|Chapter 2 - Standards, Labeling, and Adulteration of Food|Article 2 - Adulteration and Misbranding of Food|§ 26-2-39. Summaries of Judgments, Decrees, and Court Orders; Dissemination of Information in the Interest of Health and Protection of Consumers Against Fraud

  The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this article, including the nature of the charge and the disposition thereof.   The Commissioner may also cause to be disseminated such information regarding food as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud.   Nothing in this Code section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Commissioner.    (Ga. L. 1956, p. 195, § 17.)   RESEARCH REFERENCES   ALR.   - Liability of manufacturer or seller for injury caused by food or food product sold, 77 A.L.R.2d 7.   Liability of packer, food store, or restaurant for causing trichinosis, 96 A.L.R.3d 451.   Liability for injury or death allegedly caused by foreign object in food or food product, 1 A.L.R.5th 1.   Liability for injury or death allegedly caused by spoilage, contamination, or other deleterious condition of food or food product, 2 A.L.R.5th 1.   Liability for injury or death allegedly caused by food product containing object related to, but not intended to be present in, product, 2 A.L.R.5th 189.