reglab/statecodes huggingface dataset:
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-461 - Reporting of safety concerns; product recall or notifications to consumers

Each producer of raw milk for human consumption shall develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any of these procedures as necessary with respect to any product for which the producer or the department knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. If the department determines, based upon representative samples, risk analysis, information provided by the producer, and other information available to the department, that the circumstances present an imminent hazard to the public health and that a form of consumer notice or product recall can effectively avoid or significantly minimize the threat to public health, the department may order the producer to initiate a level of product recall or, if appropriate, issue a form of notification to customers. The producer shall be responsible for disseminating the notice in a manner designed to inform customers who may be affected by the problem.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-462 - Revocation or cancellation of permit or license

(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methods authorized by this article shall be cumulative of those provided otherwise by law, and the same are not superseded by this article.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-463 - Furnishing of data and statistics and maintenance of records by operators

(a)
Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he or she may require.
(b)
All persons operating under this article shall keep complete and accurate records of their operations, and the Commissioner shall have free access to all such records.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-464 - Enjoining continuing violations

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.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-465 - Unlawful activities

It shall be unlawful:
(1)
To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner;
(2)
To keep, store, or prepare for market any raw milk for human consumption in the same building or enclosure where any hide or fur or any cow, horse, nontraditional livestock, hog, or other livestock is kept;
(3)
To handle or ship raw milk for human consumption in unclean or unsanitary vessels;
(4)
To expose raw milk for human consumption to flies or to any contaminating influence likely to convey pathogenic or other injurious bacteria;
(5)
To use or possess any branded or registered raw milk for human consumption can or container for any purpose other than the handling, storing, or shipping of raw milk for human consumption; provided, however, that no person other than the rightful owner thereof shall use or possess any can, bottle, or other receptacle if such receptacle shall be marked with the brand or trademark of the owner. Nothing in this paragraph shall prohibit the temporary possession by a business involved in the normal processing, distribution, or retail sale of dairy products of any can, bottle, or other receptacle which is marked with the brand or trademark of another person or entity prior to its return to the rightful owner in the normal course of business, or if purchased from the rightful owner;
(6)
To sell or offer for sale raw milk for human consumption that is not pure and fresh and handled with clean utensils;
(7)
To sell or offer for sale raw milk for human consumption from diseased or unhealthy animals or which was handled by any person suffering from or coming in contact with persons affected with any contagious disease;
(8)
To sell or offer for sale any raw milk for human consumption which shall have been exposed to contamination or into which shall have fallen any unsanitary articles or any foreign substance which would render the raw milk unfit for human consumption; or
(9)
To sell or offer for sale raw milk for human consumption which does not comply with the standards and requirements of this article or the rules and regulations promulgated hereunder.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-466 - Penalty

Any person who violates this article shall be guilty of a misdemeanor.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-1 - Short title

This chapter may be cited as the "Georgia Drug and Cosmetic Act."
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-3 - Prohibited acts

The following acts and the causing thereof within this state are prohibited:
(1)
The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded;
(1.1)
The holding of any drug, device, or cosmetic that is adulterated or misbranded;
(2)
The adulteration or misbranding of any drug, device, or cosmetic;
(3)
The receipt in commerce of any drug, device, or cosmetic 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
26-3-10
;
(5)
The dissemination of any false advertisement;
(6)
The refusal to permit entry or inspection or to permit the taking of a sample as authorized by Code Section
26-3-17
;
(7)
The giving of a guarantee or undertaking which is false except by a person who relied on a guarantee or undertaking to the same effect signed by and containing the name and address of the person residing in this state from whom he received the drug, device, or cosmetic in good faith;
(8)
The removal or disposal of a detained or embargoed article in violation of Code Section
26-3-4
;
(9)
The alteration, mutilation, destruction, obliteration, removal of the whole or any part of the labeling of, or the doing of any other act with respect to a drug, device, or cosmetic if such act is done while such article is held for sale and results in such article being misbranded;
(10)
Forging, counterfeiting, simulating, falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under this chapter; and
(11)
The use on the labeling of any drug or in any advertisement relating to such drug of any representation or suggestion that any application with respect to such drug is effective under or complies with Code Section
26-3-10
.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-4 - Detention of adulterated or misbranded drugs and cosmetics

(a)
Whenever a duly authorized agent of the State Board of Pharmacy finds or has probable cause to believe that any drug or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he shall affix to 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.
(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 petition the judge of the superior court of the appropriate county for an action for condemnation of such article. 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 State Board of Pharmacy; and all court costs and fees, storage, and other proper expenses shall be taxed against the claimant of such articles 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 State Board of Pharmacy. The expense of such supervision shall be paid by the claimant. Such article shall be returned to the claimant of the article on representation to the court by the State Board of Pharmacy that the article is no longer in violation of this chapter and that the expense of such supervision has been paid.
(d)
Whenever the State Board of Pharmacy or any of its authorized agents shall find in any room, building, vehicle for transportation, or other structure any drug, device, or cosmetic which is unsound or contains any filthy, decomposed, or putrid substance or that may be poisonous or deleterious to health or otherwise unsafe, the same being declared to be a nuisance, the State Board of Pharmacy or its authorized agents shall immediately condemn or destroy the same.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-5 - Duty of prosecuting attorney upon report of violation; notice to possible defendant

It shall be the duty of each prosecuting attorney to whom the State Board of Pharmacy reports any violation of this chapter to cause appropriate criminal proceedings to be instituted in the appropriate court without delay and to prosecute same in the manner provided by law. Before any violation of this chapter 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 State Board of Pharmacy or its designated agent, either 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 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-6 - Minor violations

Nothing in this chapter shall be construed as requiring the State Board of Pharmacy to report minor violations of this chapter for the institution of proceedings under this chapter, whenever the State Board of Pharmacy 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 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-7 - When a drug or device deemed adulterated

A drug or device shall be deemed to be adulterated:
(1)
(A)
If it consists in whole or in part of any filthy, putrid, or decomposed substance;
(B)
If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health;
(C)
If it is a drug and its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or
(D)
If it is a drug and it bears or contains for purposes of coloring only a coal-tar color other than one from a batch certified under the authority of the federal act;
(2)
If it purports to be or is represented as a drug the name of which is recognized in an official compendium and its strength differs from or its quality or purity falls below the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium or, in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium if its difference in strength, quality, or purity from such standard is plainly stated on its label. Whenever a drug is recognized in both the United States Pharmacopeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopeia unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the provisions of the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopeia;
(3)
If it is not subject to the provisions of paragraph (2) of this Code section and its strength differs from or its purity or quality falls below that which it purports or is represented to possess; or
(4)
If it is a drug and any substance has been:
(A)
Mixed or packed therewith so as to reduce its quality or strength; or
(B)
Substituted wholly or in part therefor.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-9 - Name and address of manufacturer on label of drugs requiring prescription

(a)
Any drug product designed for human usage which is branded as follows:
"Caution: Federal law prohibits dispensing without prescription"
shall bear on the label the name and address of the manufacturer.
(b)
For the purposes of this Code section, the term "manufacturer" includes any of the following parties:
(1)
The person who is responsible for the production of the drug and maintains control over the processing of same;
(2)
The person to whose specifications the drug is manufactured and who reviews adherence to such specifications through a drug testing program;
(3)
The person who manufactures the drug product and then packs and ships the said drug products on behalf of the person designated on the label as being responsible for the drug product; or
(4)
The person who manufactures the drug product and which product is distributed by the person designated on the label as being responsible for the drug without testing to determine adherence to specifications for manufacture.
(c)
Where the drug product is manufactured by an affiliated or subsidiary company of the distributor, the name and address of the distributor only need appear.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-10 - Selling, delivering, or giving away of new drugs; exemptions

(a)
No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless:
(1)
An application with respect thereto has become effective under Section 505 of the federal act; or
(2)
When not subject to the federal act unless such drug has been tested and has not been found to be unsafe for use under the conditions prescribed, recommended, or suggested in the labeling thereof and prior to selling or offering such drug for sale, there has been filed with the State Board of Pharmacy an application setting forth:
(A)
Full reports of investigations which have been made to show whether or not such drug is safe for use;
(B)
A full list of the articles used as components of such drug;
(C)
A full statement of the composition of such drug;
(D)
A full description of the methods used in and the facilities and controls used for the manufacture, processing, and packing of such drug;
(E)
Such samples of such drug and of the articles used as components thereof as the State Board of Pharmacy may require; and
(F)
Specimens of the labeling proposed to be used for such drug.
(b)
An application provided for in paragraph (2) of subsection (a) of this Code section shall become effective 60 days after the filing thereof, except that if the State Board of Pharmacy finds after due notice to the applicant and after giving him an opportunity for a hearing that the drug is not safe for use under the conditions prescribed, recommended, or suggested in the proposed labeling thereof, he shall prior to the effective date of the application issue an order refusing to permit the application to become effective.
(c)
This Code section shall not apply:
(1)
To a drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs, provided the drug is plainly labeled "For investigational use only"; or
(2)
To a drug sold in the state at any time prior to the enactment of this chapter or introduced into interstate commerce at any time prior to the enactment of the federal act; or
(3)
To any drug manufactured, labeled, and sold for veterinary purposes.
(d)
An order refusing to permit an application under this Code section to become effective may be revoked by the State Board of Pharmacy.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-11 - When a cosmetic deemed adulterated

(a)
A cosmetic shall be deemed to be adulterated:
(1)
If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual, provided that this paragraph shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution - This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing;
(2)
If it consists in whole or in part of any filthy, putrid, or decomposed substance;
(3)
If 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 injurious to health;
(4)
If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or
(5)
If it is not a hair dye and it bears or contains a coal-tar color other than one from a batch which has been certified under authority of the federal act.
(b)
For the purpose of paragraphs (1) and (5) of subsection (a) of this Code section, the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-12 - When a cosmetic deemed misbranded

A cosmetic shall be deemed to be misbranded:
(1)
If its labeling is false or misleading in any particular;
(2)
If in package form unless it bears a label containing:
(A)
The name and place of business of the manufacturer, packer, or distributor; and
(B)
An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count, provided that reasonable variations shall be permitted and exemptions as to small packages shall be established by regulations prescribed by the State Board of Pharmacy;
(3)
If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or devices in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(4)
If its container is so made, formed, or filled as to be misleading.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-13 - When a drug, device, or cosmetic advertisement deemed false

(a)
An advertisement of a drug, device, or cosmetic shall be deemed to be completely false if it is false or misleading in any particular.
(b)
For the purpose of this chapter the advertisement of a drug or device representing it to have any effect on albuminuria, appendicitis, arteriosclerosis, blood poisoning, bone disease, Bright's disease, cancer, carbuncles, cholecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorders, pylelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or sexually transmitted disease shall also be deemed to be false, except that no advertisement not in violation of subsection (a) of this Code section shall be deemed to be false under this subsection if it is disseminated only to members of the medical, dental, or veterinary professions, appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested directly or indirectly in the sale of such drugs or devices, provided that whenever the State Board of Pharmacy determines that an advance in medical science has made any type of self-medication safe as to any of the diseases named in this subsection, the board shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for such disease subject to such conditions and restrictions as the board may deem necessary in the interest of public health, provided that this subsection shall not be construed as indicating that self-medication for diseases other than those named herein is safe or efficacious.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Amended by 2020 Ga. Laws 388,§ 8, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-14 - Factors taken into account in determining whether label or advertisement is 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 statement, word, design, device, 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 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-15 - Labeling or advertisement of a drug as an antiseptic

The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-16 - Promulgation of regulations; conformity with federal act

(a)
The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the federal act.
(b)
No drug, device, or cosmetic which is subject to and complies with regulations promulgated under the provisions of the Federal Food, Drug, and Cosmetic Act relating to adulteration and misbranding shall be deemed to be adulterated or misbranded in violation of this chapter because of its failure to comply with regulations promulgated under this chapter insofar as the regulations are in conflict with regulations relating to adulteration and misbranding under the Federal Food, Drug, and Cosmetic Act.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-17 - Inspection of factories, warehouses, establishments, or vehicles; samples and specimens

The State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any vehicle being used to transport or hold such drugs, devices, or cosmetics in commerce for the purpose:
(1)
Of inspecting such factory, warehouse, establishment, or vehicle to determine if any of the provisions of this chapter are being violated; or
(2)
To secure samples or specimens of any drug, device, or cosmetic after paying or offering to pay for such sample. It shall be the duty of the State Board of Pharmacy to make or cause to be made examinations of samples secured under this Code section to determine whether or not this chapter is being violated.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-18 - Assistance in enforcement from Department of Agriculture or Department of Public Health

In addition to the remedies provided in this chapter and to provide for more efficient enforcement of this chapter, the State Board of Pharmacy or the director of the Georgia Drugs and Narcotics Agency may ask the Department of Agriculture and the Department of Public Health for assistance; and, in such event, either or both such departments may render such assistance. Any employee or agent of either such department engaged in the rendering of such assistance shall be an authorized agent of the board.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-19 - Reports and publications by State Board of Pharmacy

(a)
The State Board of Pharmacy may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof.
(b)
The board may also cause to be disseminated such information regarding drugs, devices, and cosmetics as the board 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 board from collecting, reporting, and illustrating the results of the investigations of the board.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-20 - Injunctions for violations of Code Section 26-3-3

In addition to the remedies provided for in this chapter, the State Board of Pharmacy is authorized to bring an action in the appropriate court of the 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
26-3-3
, notwithstanding whether or not there exists an adequate remedy at law.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-21 - Construction of chapter

The provisions of this chapter regarding the selling of drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offering, possession, and holding of any such article for sale, the sale, dispensing, and giving of any such article, and the supplying or applying of any such articles in the conduct of any drug or cosmetic establishment.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-22 - Other laws unaffected by chapter

(a)
This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as prescribed by Chapter 4 of this title, Article 3 of Chapter 13 of Title 16, the "Dangerous Drug Act," Article 2 of Chapter 13 of Title 16, the "Georgia Controlled Substances Act," or Title
21 C.F.R. 210
, the federal "current good manufacturing practices in manufacturing, processing, packing, or holding of drugs: general"; provided, however, that any testing equipment used to determine whether a controlled substance has been adulterated and contains a synthetic opioid shall not be considered a drug related object as defined by Article 2 of Chapter 13 of Title 16.
(b)
Nothing contained in this chapter shall amend, alter, supersede, or replace the laws of this state relative to feed, food, animal remedies, hog cholera serum or virus, drugs permitted to be added to feeds, bottling supplies, nor the duty and authority of the Commissioner of Agriculture.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Amended by 2022 Ga. Laws 879,§ 8, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-23 - Penalty for impeding, obstructing, hindering, or preventing drug agent from performance of duty

Any manufacturer, dealer, wholesaler, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any drug agent 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.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 3 - STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS (§§ 26-3-1 — 26-3-24) › Section 26-3-24 - Penalty for violation of chapter

Any person who violates this chapter shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 1 - GENERAL PROVISIONS (§§ 26-4-1 — 26-4-6) › Section 26-4-1 - Short title

This chapter shall be known and may be cited as the "Georgia Pharmacy Practice Act."
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 1 - GENERAL PROVISIONS (§§ 26-4-1 — 26-4-6) › Section 26-4-2 - Liberal construction of chapter

The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy in this state as a learned profession, as defined in this chapter, should merit and receive the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy to ensure the quality of drugs and related devices distributed in this state. This chapter shall be liberally construed to carry out these objectives and purposes.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 1 - GENERAL PROVISIONS (§§ 26-4-1 — 26-4-6) › Section 26-4-3 - Legislative intent

It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons, in or out of this state that distribute, manufacture, or sell drugs or devices used in the dispensing and administration of drugs within this state; and the regulation and control of such other materials as may be used in the diagnosis, treatment, and prevention of injury, illness, and disease of a patient or other individual.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 1 - GENERAL PROVISIONS (§§ 26-4-1 — 26-4-6) › Section 26-4-4 - Definition of "practice of pharmacy."

The "practice of pharmacy" means the interpretation, evaluation, or dispensing of prescription drug orders in the patient's best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug related research; provision of patient counseling and the provision of those acts or services necessary to provide pharmacy care; performing capillary blood tests and interpreting the results as a means to screen for or monitor disease risk factors and facilitate patient education, and a pharmacist performing such functions shall report the results obtained from such blood tests to the patient's physician of choice; and the responsibility for compounding and labeling of drugs and devices.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 1 - GENERAL PROVISIONS (§§ 26-4-1 — 26-4-6) › Section 26-4-6 - Provisions of chapter not applicable to facilities engaged solely in distribution of dialysate drugs or certain dialysis equipment under certain conditions

The provisions of this chapter shall not apply to a facility engaged solely in the distribution of dialysate drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that the following criteria are met:
(1)
The dialysate drugs, or devices are approved or cleared by the federal Food and Drug Administration as required by federal law;
(2)
The dialysate drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a manufacturer or wholesale distributor;
(3)
The dialysate drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility;
(4)
The dialysate drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order; and
(5)
The manufacturer or manufacturer's agent delivers the dialysate drugs, or devices directly to:
(A)
A patient with end stage renal disease or such patient's designee for the patient's self-administration of the dialysis therapy; or
(B)
A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.
Added by 2015 Ga. Laws 81,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-20 - Georgia State Board of Pharmacy; powers and duties

(a)
The Georgia State Board of Pharmacy existing immediately preceding July 1, 2013, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed and qualified.
(b)
The responsibility for enforcement of the provisions of this chapter shall be vested in the Georgia State Board of Pharmacy. The board shall have all of the duties, powers, and authority specifically granted by or necessary for the enforcement of this chapter, as well as such other duties, powers, and authority as it may be granted from time to time by applicable law.
(c)
On and after July 1, 2013, the board shall not be under the jurisdiction of the Secretary of State but shall be a division of the Department of Community Health; provided, however, that except as otherwise specifically provided, the board shall be autonomous from the Board of Community Health and the commissioner of community health and shall exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department and prepare its budget and submit its budgetary requests, if any, through the department. Such transfer shall in no way affect any existing obligations, liabilities, or rights of the board, as such existed on June 30, 2013. The board shall have with respect to all matters within the jurisdiction of the board as provided under this chapter the powers, duties, and functions of professional licensing boards as provided in Chapter 1 of Title 43.
(d)
The board shall appoint and fix the compensation, which shall be approved by the Board of Community Health, of an executive director of such board who shall serve at the pleasure of the board.
(e)
The venue of any action involving members of the board shall be the county in which is found the primary office of the board. The executive director of the board shall not be considered a member of the board in determining the venue of any such action, and no court shall have jurisdiction over any such action solely by virtue of the executive director residing or maintaining a residence within its jurisdiction.
Amended by 2013 Ga. Laws 83,§ 1-2, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-21 - Eligibility requirements for board members; oath of office

(a)
Each of the seven pharmacist members of the board shall, at the time of appointment:
(1)
Be a resident of this state for not less than six months;
(2)
Be currently licensed and in good standing to engage in the practice of pharmacy in this state;
(3)
Be actively engaged in the practice of pharmacy in this state;
(4)
Have five years of experience in the practice of pharmacy in this state after licensure; and
(5)
Not be officially employed as a full-time faculty member by any school or college of pharmacy.
(b)
The one consumer member of the board shall be a resident of Georgia who has attained the age of majority and shall not have any connection whatsoever with the pharmaceutical industry.
(c)
Appointees to the board shall immediately after their appointment take and subscribe to an oath or affirmation before a qualified officer that they will faithfully and impartially perform the duties of the office, and the oath shall be filed with the office of the Governor, whereupon the office of the Governor shall issue to each appointee a certificate of appointment.
Amended by 2015 Ga. Laws 9,§ 26, eff. 3/13/2015.
Amended by 2013 Ga. Laws 83,§ 1-3, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-22 - Number and terms of members; appointment; vacancies

(a)
The board shall consist of seven members possessing the qualification specified in subsection (a) of Code Section
26-4-21
and one additional member possessing the qualifications specified in subsection (b) of Code Section
26-4-21
who shall be appointed by the Governor and confirmed by the Senate for a term of five years or until their successors are appointed and qualified. Pharmacist members shall represent a diversity of practice settings and geographic dispersion of practitioners across this state.
(b)
At the annual meeting of the Georgia Pharmacy Association, there may be nominated by such licensed pharmacists as may be present three practicing registered pharmacists who shall meet the qualifications imposed by subsection (a) of Code Section
26-4-21
to fill the next vacancy occurring on the board, except a vacancy in the consumer member position on said board, by reason of expiration of term. The secretary of said association may regularly submit to the Governor the names of the three pharmacists so nominated and the Governor may make the appointment to fill such vacancy from the names so submitted. Should any vacancy occur upon the board, other than in the consumer member position on the board and other than by reason of expiration of term, such vacancy may be filled by appointment by the Governor for the unexpired term from a group of three practicing registered pharmacists nominated as provided in this subsection at any regular or special meeting of the Georgia Pharmacy Association.
(c)
The consumer member of the board shall also be appointed by the Governor. Such member shall vote only on matters relating to administration and policy which do not directly relate to practical and scientific examination of pharmacists for licensing in Georgia. Vacancies occurring in the membership of the board occupied by a consumer shall be filled by the Governor for the unexpired term of office.
Amended by 2013 Ga. Laws 83,§ 1-4, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-23 - Removal of board members

Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when any such member has failed to attend three consecutive regular monthly meetings. Any member of the board may be removed by the Governor in the same manner as provided in Code Section
43-1-17
.
Amended by 2013 Ga. Laws 83,§ 1-5, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 26 - FOOD, DRUGS, AND COSMETICS (§§ 26-1-1 — 26-5-80) › Chapter 4 - PHARMACISTS AND PHARMACIES (§§ 26-4-1 — 26-4-214) › Article 2 - STATE BOARD OF PHARMACY (§§ 26-4-20 — 26-4-30) › Section 26-4-24 - Meetings and organization; appeals; serving of notices and legal process

The board shall meet at least annually to organize and elect a president and a vice president from its members. The vice president shall serve as the cognizant member of the board. All appeals from the decision of the board, all documents or applications required by law to be filed with the board, and any notice or legal process to be served upon the board may be filed with or served upon the executive director at his or her office in the county of domicile of the board.
Amended by 2013 Ga. Laws 83,§ 1-6, eff. 7/1/2013.