reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-89 - Maintenance, inspection, and repair records

The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions.
Transferred from 34-13-11 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-90 - Ride operators; minimum standards for operation of rides

(a)
No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time.
(b)
No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the office, whichever is greater.
Transferred from 34-13-12 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-91 - Accident reports

The owner of the carnival ride shall report to the office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the office in person or by phone in accordance with regulations adopted by the office.
Transferred from 34-13-13 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-92 - Liability insurance, bond, or other security required

(a)
No person shall operate a carnival ride unless at the time there is in existence:
(1)
A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride;
(2)
A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or
(3)
Cash or other security acceptable to the office.
(b)
Regulations under this article shall permit appropriate deductibles or self-insured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the office.
Transferred from 34-13-14 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-93 - Variances from standards and regulations

If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this article, or if any person is aggrieved by any order issued by the office, the person may make a written application to the office stating his or her grounds and applying for a variance. The office may grant such a variance in the spirit of the provisions of this article with due regard to public safety. The granting or denial of a variance by the office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the office and such record shall be open to inspection by the public.
Transferred from 34-13-15 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-94 - Exempted rides

This article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides.
Transferred from 34-13-16 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-95 - Existing rides

This article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this article.
Transferred from 34-13-17 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-96 - Order for temporary cessation; injunction; penalties

(a)
The Commissioner or the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or the Commissioner's authorized representative.
(b)
In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this article.
(c)
(1)
Any person, firm, partnership, or corporation violating the provisions of this article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense.
(2)
In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this article and the rules and regulations promulgated under this article. The imposition of a penalty for a violation of this article or the rules and regulations promulgated under this article shall not excuse the violation or permit it to continue.
Transferred from 34-13-18 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-97 - Right of owner or operator to deny entry to rides; right of inspector to access ride

The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this article.
Transferred from 34-13-19 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-98 - Posting of age, size, and weight requirements for rides

(a)
The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury.
(b)
It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride.
Transferred from 34-13-20 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-99 - Itinerant carnival rides to be continuously registered with in-state agent

The owner of any itinerant carnival ride which is located within this state shall continuously maintain in this state a registered agent of record who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office.
Transferred from 34-13-21 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-100 - State liability not created

Neither this article nor any provision of this article shall be construed to place any liability on the State of Georgia, the office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom.
Transferred from 34-13-22 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 25 - FIRE PROTECTION AND SAFETY (§§ 25-1-1 — 25-15-110) › Chapter 15 - OFFICE OF SAFETY FIRE COMMISSIONER (§§ 25-15-1 — 25-15-110) › Article 4 - CARNIVAL RIDE SAFETY (§§ 25-15-80 — 25-15-101) › Section 25-15-101 - Regulation of carnival rides by counties, municipalities, and other political subdivisions

No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48.
Transferred from 34-13-23 and amended by 2012 Ga. Laws 755,§ 4, eff. 5/2/2012.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 1 - GENERAL PROVISIONS (§ 26-1-1) › Section 26-1-1 - Food donation information and referral service; inspection of donated food

(a)
The Department of Agriculture shall maintain an information and referral service for persons and organizations which have notified the department of their desire to donate food to nonprofit organizations.
(b)
Appropriate state and local departments and agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of the food items.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 1 - GENERAL PROVISIONS (§§ 26-2-1 — 26-2-4) › Section 26-2-1 - Lard, mixed edible fat, and edible cottonseed oil

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.
(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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 1 - GENERAL PROVISIONS (§§ 26-2-1 — 26-2-4) › Section 26-2-2 - Meat, fish, and poultry to be sold by net weight; exceptions; penalty

(a)
All meat, meat products, fish, and poultry offered or exposed for sale or sold commercially shall be sold by net weight only except when sold for immediate consumption on the premises or when sold as a cooked food but not in a package or when sold for breeding purposes or when sold as pets or for other purposes than for human or animal consumption.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 1 - GENERAL PROVISIONS (§§ 26-2-1 — 26-2-4) › Section 26-2-3 - Obstruction of inspectors and others in performance of duties

Any manufacturer, dealer, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in collecting samples or otherwise in connection with this chapter shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than $10.00 nor more than $50.00. Any violation of this chapter, relating to feeding stuffs for domestic animals, shall be punished by a fine not exceeding $50.00 or imprisonment not exceeding 30 days, or both, in the discretion of the court.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 1 - GENERAL PROVISIONS (§§ 26-2-1 — 26-2-4) › Section 26-2-4 - Labeling, sale, or advertising of spring water

(a)
As used in this Code section, the term "spring water" means water which is:
(1)
derived from an underground formation from which water flows naturally to the surface of the earth;
(2)
not derived from a municipal system or public water supply; and
(3)
collected only at the spring or through a bore hole into the same underground water-bearing zone; provided, however, that water collected with the assistance of external force to protect the water shall retain all the physical properties of and be of the same chemical composition and quality as the water that flows naturally to the surface.
(b)
Any water which meets the definition of "spring water" as specified in subsection (a) of this Code section may lawfully be labeled, sold, advertised, and otherwise represented as "spring water" or "natural spring water," notwithstanding any other contrary provision of any law or regulation of this state. No law or regulation of this state shall:
(1)
require or be construed to require any disclaimer in connection with such labeling, sale, advertisement, or representation; or
(2)
require or be construed to require such water to be additionally identified as any other type of water.
Amended by 2015 Ga. Laws 9,§ 26, eff. 3/13/2015.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-20 - Short title

This article may be cited as the "Georgia Food Act."
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-22 - Prohibited acts

The following acts and the causing thereof within this state are prohibited:
(1)
The manufacture, sale or delivery, holding, storage, or offering for sale of any food that is adulterated or misbranded;
(2)
The adulteration or misbranding of any food;
(3)
The receipt in commerce of any food that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;
(4)
The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section
26-2-27
;
(5)
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
;
(6)
The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Code Section
26-2-36
;
(7)
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;
(8)
The removal or disposal of a detained or embargoed article in violation of Code Section
26-2-38
;
(9)
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;
(10)
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
(11)
The operation of a food sales establishment in violation of Code Section
26-2-25
.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Amended by 2009 Ga. Laws 98,§ 1, eff. 5/1/2009.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-23 - Injunctions for violations of Code Section 26-2-22

In addition to the remedies provided for in this article, the Commissioner is authorized to apply to the superior court of the appropriate county for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating Code Section
26-2-22
, notwithstanding the existence of an adequate remedy at law.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-24 - Penalty for violation of Code Section 26-2-22; exceptions

Any person who violates Code Section
26-2-22
shall be guilty of a misdemeanor, provided that:
(1)
No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section
26-2-22
if he or she establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article;
(2)
No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and
(3)
If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section
26-2-22
by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section
26-2-38
shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-25 - Licensing of food sales establishments

(a)
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.
(b)
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:
(1)
Tier 5 .................................... $300.00
(2)
Tier 4 .................................... 250.00
(3)
Tier 3 .................................... 200.00
(4)
Tier 2 .................................... 150.00
(5)
Tier 1 .................................... 100.00
(c)
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.
Amended by 2010 Ga. Laws 360,§ 1-57, eff. 5/12/2010.
Amended by 2002 Ga. Laws 830, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-26 - When food deemed adulterated

A food shall be deemed to be adulterated if:
(1)
It bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if the quantity of such substance in such food does not ordinarily render it injurious to health;
(2)
It bears or contains any added poisonous or added deleterious substance which is unsafe within the meaning of Code Section
26-2-27
. In regard to pesticide residues, a food shall be deemed to be adulterated and unsafe if it bears a pesticide residue in excess of a tolerance established by the United States Environmental Protection Agency under the Federal Food, Drug, and Cosmetic Act or if it bears a residue of a pesticide for which no tolerance has been established or is currently in effect for that food, if such residue appears at a level which is readily quantifiable by methods of assay for pesticide residues employed by the Commissioner on the date of the assay;
(3)
It consists in whole or in part of a diseased or contaminated, filthy, putrid, or decomposed substance or if it is otherwise unfit for food;
(4)
It has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth or whereby it may have been rendered diseased, unwholesome, or injurious to health;
(5)
It is the product of a diseased animal or an animal that has died otherwise than by slaughter or an animal that has been fed upon the uncooked offal from a slaughterhouse;
(6)
Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health;
(7)
Any valuable constituent has been in whole or in part omitted or abstracted therefrom;
(8)
Any substance has been substituted wholly or in part therefor;
(9)
Damage or inferiority has been concealed in any manner;
(10)
Any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight or reduce its quality or strength or make it appear better or of greater value than it is;
(11)
It is confectionary and it bears or contains any alcohol or nonnutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of 1 percent, harmless natural wax not in excess of four-tenths of 1 percent, harmless natural gum, and pectin, provided that this paragraph shall not apply to any confection containing less than one-half of 1 percent by volume of alcohol derived solely from the use of flavoring extracts or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; or
(12)
It bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-27 - Poisonous or deleterious substances in food; exception for required substances

(a)
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
.
(b)
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
.
(c)
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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-29 - Misleading advertisements; certain practices declared misleading

(a)
An advertisement of a food shall be deemed to be false if it is misleading in any particular.
(b)
By way of illustration only and without limiting the scope of subsection (a) of this Code section, the following practices employed in the advertisement of a food are declared to be misleading:
(1)
Causing actual confusion or actual misunderstanding as to the source, sponsorship, approval, or certification of food;
(2)
Using deceptive representations or designations of geographic origin in connection with food;
(3)
Representing that food has sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that it does not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(4)
Representing that food is of a particular standard, quality, or grade if it is not; or
(5)
Making false or misleading statements concerning the food of another.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-30.1 - Beef produced without antibiotics or growth hormones; "Georgia lean" beef

(a)
The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from which such beef was produced.
(b)
The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations and to establish standards for the labeling and certification of beef as "Georgia lean."
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-32 - Honey and imitation honey labels

(a)
It shall be unlawful for any person to package any product and label the product as "honey" or "imitation honey," or to use the word "honey" in any prominent location on the label of such product, or to sell or offer for sale any product which is labeled "honey" or "imitation honey" or which contains a label with the word "honey" prominently displayed thereon, unless such product is pure honey manufactured by honeybees.
(b)
Any person who violates any provisions of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by confinement for a total term not to exceed 12 months, or both.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-33 - Enforcement of article by Commissioner; employment of personnel

(a)
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.
(b)
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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-34 - Promulgation of regulations; notice and hearing for proposed amendments; variances or waivers

(a)
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.
(b)
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.
(c)
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.
(d)
(1)
For purposes of this subsection, the term:
(A)
"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.
(B)
"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.
(C)
"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.
(2)
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.
(3)
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.
Amended by 2017 Ga. Laws 233,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 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.
Added by 2020 Ga. Laws 517,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-35 - Food regulations

(a)
Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of identity and, if applicable, a reasonable standard of quality and fill of container.
(b)
In prescribing a definition and a standard of identity for any food or class of food in which optional ingredients are permitted, the Commissioner shall, for the purpose of promoting honesty and fair dealing in the interest of consumers, designate the optional ingredients which shall be named on the label. The definitions and standards so promulgated shall conform so far as practicable to the definitions and standards promulgated under authority of the federal act.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-36 - Right of access to food establishments and transport vehicles

(a)
The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:
(1)
Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section
26-2-27.1
, to determine if any of the provisions of this article are being violated; and
(2)
Of securing samples or specimens of any food, after paying or offering to pay for such sample.
(b)
It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated.
Amended by 2009 Ga. Laws 98,§ 3, eff. 5/1/2009.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-37 - Temporary permits

(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.
(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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-39 - Publication of reports and dissemination of information in the interest of public health and consumer protection

(a)
The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this article, including the nature of the charge and the disposition thereof.
(b)
The Commissioner may also cause to be disseminated such information regarding food as the Commissioner deems necessary in the interest of public health and the protection of the consumer against fraud.
(c)
Nothing in this Code section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Commissioner.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-40 - Written notice or warning sufficient for minor violations of article

Nothing in this article shall be construed as requiring the Commissioner to report, for the institution of proceedings under this article, minor violations of this article whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 2 - ADULTERATION AND MISBRANDING OF FOOD (§§ 26-2-20 — 26-2-41) › Section 26-2-41 - Prosecution of violations; notice to defendant prior to institution of criminal proceeding

It shall be the duty of each prosecuting attorney to whom the Commissioner reports any violation of this article to cause appropriate proceedings to be instituted in the appropriate court without delay and to prosecute the same in the manner provided by law. Before any violation of this article is reported to any prosecuting attorney for the institution of a criminal proceeding, the person against whom such proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the Commissioner or his designated agent orally or in writing, in person, or by attorney, with regard to such contemplated proceedings.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 3 - MEAT INSPECTION (§§ 26-2-60 — 26-2-133) › Part 1 - GENERAL PROVISIONS (§§ 26-2-60 — 26-2-64) › Section 26-2-60 - Short title

This article may be cited as the "Georgia Meat Inspection Act."
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 3 - MEAT INSPECTION (§§ 26-2-60 — 26-2-133) › Part 1 - GENERAL PROVISIONS (§§ 26-2-60 — 26-2-64) › Section 26-2-61 - Legislative intent

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