GA Code § 26-2-22 (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|§ 26-2-22. Prohibited Acts

 The following acts and the causing thereof within this state are prohibited:    The manufacture, sale or delivery, holding, storage, or offering for sale of any food that is adulterated or misbranded;   The adulteration or misbranding of any food;   The receipt in commerce of any food that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;   The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-2-37;   The dissemination of any false advertisement;  (5.1) The failure to comply with testing, reporting, or record-keeping requirements provided by or pursuant to Code Section 26-2-27.1;    The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Code Section 26-2-36;   The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Georgia from whom he received in good faith the food;   The removal or disposal of a detained or embargoed article in violation of Code Section 26-2-38;   The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded;   Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated pursuant to this article; and   The operation of a food sales establishment in violation of Code Section 26-2-25.    (Ga. L. 1956, p. 195, § 3; Ga. L. 1971, p. 66, § 2; Ga. L. 1984, p. 22, § 26; Ga. L. 1985, p. 149, § 26; Ga. L. 2009, p. 441, § 1/SB 80.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1985, a comma was deleted following "using" in paragraph (10).   JUDICIAL DECISIONS   ANALYSIS    General Consideration    OPINIONS OF THE ATTORNEY GENERAL    Candy that contains a small quantity of bourbon flavor or is bourbon flavored is adulterated.  1957 Op. Att'y Gen. p. 144.   RESEARCH REFERENCES   ALR.    - Seller's duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.    Preservative as adulterant within statute in relation to food, 50 A.L.R. 76.    Validity, construction, and application of statutes or ordinances directed against false or fraudulent statements in advertisements, 89 A.L.R. 1004.    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.    Validity, construction, and application of statutes or ordinances relating to inspection of food sold at retail, 127 A.L.R. 322.    Knowledge or actual negligence on part of seller which is not an element of criminal offense under penal statute relating to sale of unfit food or other commodity, as condition of civil action in tort in which violation of the statute is relied upon as negligence per se or evidence of negligence, 128 A.L.R. 464.   Implied warranty of fitness by one serving food, 7 A.L.R.2d 1027, 87 A.L.R.4th 804, 90 A.L.R.4th 12.   Recovery for loss of business resulting from resale of unwholesome food or beverages furnished by another, 17 A.L.R.2d 1379.   Construction and application of Federal Food, Drug, and Cosmetic Act § 402 (a)(3) [21 USC § 342 (a) (3)] as to food deemed "adulterated," if it is filthy or the like, or unfit for food, 45 A.L.R.2d 861.   Validity and construction of regulations dealing with misrepresentation in the sale of Kosher food, 52 A.L.R.3d 959.   Liability of packer, foodstore, 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.