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 12 - SOFT DRINKS (§§ 26-2-350 — 26-2-357) › Section 26-2-353 - Promulgation of rules and regulations; administrative personnel

The Commissioner is authorized to promulgate reasonable rules and regulations to effectuate this article. He shall employ the necessary personnel and fix their compensation to assist him in the administration of 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 12 - SOFT DRINKS (§§ 26-2-350 — 26-2-357) › Section 26-2-354 - Suspension or revocation of license; hearing

Any license issued pursuant to this article may be suspended or revoked by the Commissioner for the violation of this article or of any of the sanitary standards and specifications or rules and regulations issued pursuant to this article. The Commissioner shall notify the person whose license is to be suspended or revoked, by registered or certified mail or statutory overnight delivery, of his intent to suspend or revoke the license and shall afford such person a hearing before him, within ten days after receipt of the notice, to show cause why the license should not be suspended or revoked.
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 12 - SOFT DRINKS (§§ 26-2-350 — 26-2-357) › Section 26-2-355 - Sanitary inspection of building, area, structure, plant, or vehicle used in the manufacture, bottling, or distribution of soft drinks or soft drink syrup

The Commissioner or his authorized representatives shall have access, at any reasonable hour, to any building, area, structure, plant, or vehicle used in the manufacture, bottling, or distribution of a bottled soft drink or soft drink syrup to inspect sanitary conditions therein.
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 12 - SOFT DRINKS (§§ 26-2-350 — 26-2-357) › Section 26-2-356 - Applicability of article to dairy or milk processing or distributing plants otherwise licensed

Any dairy or milk processing or distributing plant licensed under other laws of this state shall not be required to obtain the license provided for in this article but shall be subject to all other provisions of 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 12 - SOFT DRINKS (§§ 26-2-350 — 26-2-357) › Section 26-2-357 - Penalty

Any person who violates this article or any sanitary standard or specification or rule or regulation adopted pursuant to this article 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 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-371 - Food service establishment and mobile food service establishment permits

It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Except as provided for in Code Section
26-2-379
, such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. When a mobile food service establishment has been permitted in any county, that permit shall be recognized by all counties pursuant to Code Section
26-2-379
. Except as provided for in Code Section
26-2-379
, nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments.
Amended by 2022 Ga. Laws 825,§ 2, eff. 1/1/2023.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-372 - Permits - Issuance; suspension, revocation, or denial; notice and hearing

The Department of Public Health, or county boards of health acting as agents of the department, shall have the power and authority to issue permits to operate food service establishments and to suspend or revoke such permits in accordance with the rules and regulations adopted and promulgated as provided for in this article. When, in the judgment of the department or the county board of health, acting as agent of the former, it is necessary and proper that such application for a permit be denied or that the permit previously granted be suspended or revoked, the applicant or holder thereof shall be afforded notice and hearing as provided in Article 1 of Chapter 5 of Title 31. In the event that such application is finally denied, suspended, or revoked, the applicant or holder of the permit shall be notified in writing. Such written notice shall specifically state any and all reasons why the application has been denied or the permit has been suspended or revoked.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-373 - Promulgation of rules, regulations, and standards by Department of Public Health and county boards of health; exemption for nonprofit schools and institutions producing own milk

(a)
For the purpose of protecting the public health, the Department of Public Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. As used in this subsection, the term "political subdivision" means any municipality, county, local government authority, board, or commission; however, such term shall not include any state agency or state authority. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.
(b)
Nonprofit schools and institutions serving family-style meals shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the dispensing of milk in the kitchens and dining halls of such schools and institutions, provided such school or institution produces the milk on the school's or institution's farm which passes Department of Public Health and local health department sanitary requirements.
Amended by 2011 Ga. Laws 244,§ 6-3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-4, eff. 7/1/2009.
Amended by 2008 Ga. Laws 504,§ 2, eff. 7/1/2008.
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 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-373.1 - Use of hair nets or hats by food preparers; penalty

(a)
A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food.
(b)
Notwithstanding the provisions of Code Section
26-2-377
, any person who violates subsection (a) of this Code section shall be subject to a civil penalty as follows:
(1)
For a first offense, neither fine nor punishment, but only a warning; and
(2)
For a second or subsequent offense, a civil penalty not to exceed $50.00.
(c)
The county board of health or its representative which issues food service establishment permits under this article shall be authorized to impose the penalties authorized under subsection (b) of this Code section and shall provide the permit holder with notice of any violation of subsection (a) of this Code section.
(d)
Hair nets shall not be required of food preparers when the preparer is a volunteer without payment for his or her services and the food is being prepared for a religious, educational, charitable, or nonprofit corporation.
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 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-374 - Contents and posting of notices relating to assistance to persons choking; relief from civil liability of persons rendering emergency aid

(a)
The Department of Public Health shall print and distribute notices to every food service establishment in this state explaining the proper procedures to be taken to assist or aid persons who are choking. The notices shall contain such information as is found appropriate or necessary by the department and shall be posted and maintained by the food service establishment in a conspicuous place or places on the premises as required by the department.
(b)
Any person who renders emergency aid in good faith to persons who are choking, without any charge for his services, shall not be liable for any civil damages for any act or omission in rendering such emergency aid or as a result of any act or failure to act to provide or arrange for further treatment or care for such persons.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-375 - Enforcement of article; inspection of food service and food sales establishments

(a)
The Department of Public Health and the county boards of health, acting as duly authorized agents of the department, are authorized to enforce 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, including indoor and outdoor dining areas, used for the operation of food service as defined in Code Section
26-2-370
. Their duly authorized representatives are authorized to enter upon and inspect the premises of any food service establishment as provided in Article 2 of Chapter 5 of Title 31.
(b)
Notwithstanding any other provisions of this article, food sales establishments as defined in Code Section
26-2-21
shall be inspected and regulated under Article 2 of this chapter and shall not be subject to inspection or enforcement under this article.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-376 - Review of final order or determination by Department of Public Health; appeal to superior court

Any person aggrieved by any final order or determination of any county board of health denying, suspending, or revoking any permit authorized in this article may secure review thereof by the Department of Public Health by appeal in the manner prescribed in Article 1 of Chapter 5 of Title 31. Any person aggrieved by any final order or determination made by the Department of Public Health, whether originally or on appeal, may secure review thereof by appeal to the superior court in the manner prescribed in Article 1 of Chapter 5 of Title 31.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-377 - Penalty

Any person who violates any provision of this article or any rule or regulation promulgated under this article by the Department of Public Health or by any county board of health shall be guilty of a misdemeanor.
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 2 - STANDARDS, LABELING, AND ADULTERATION OF FOOD (§§ 26-2-1 — 26-2-466) › Article 13 - FOOD SERVICE ESTABLISHMENTS (§§ 26-2-370 — 26-2-379) › Section 26-2-378 - Disclosure of meat products that contain extenders; exception

(a)
All food service establishments in this state which serve meat products that contain extenders, such as textured vegetable protein, textured soy flour, fortified textured vegetable protein, or other such products, shall display on their menus, or by placards visible to the public, information stating that the meat product contains extenders. Products which contain extenders shall not be advertised using names which designate all meat products. The menu or other advertisement must bear the same name that appears on the package when received from the processor and the ingredients statement as listed on the label.
(b)
This Code section shall not be applicable to the serving of meat products which do not contain such an amount of extenders as to require additional labeling in accordance with other laws of the United States and laws of this state relating to meat products.
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 14 - NONPROFIT FOOD SALES AND FOOD SERVICE (§§ 26-2-390 — 26-2-393) › Section 26-2-390 - Definitions

As used in this article, the term:
(1)
"Nonprofit food sales and food service" means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organization or the temporary sale of food items by an organization if such sale is sponsored by a religious, charitable, or nonprofit corporation, including but not limited to churches, schools, clubs, lodges, or other such organizations.
(2)
"Organization" means an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section
48-7-25
or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section
48-1-2
.
Amended by 2020 Ga. Laws 591,§ 4, eff. 8/5/2020.
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 14 - NONPROFIT FOOD SALES AND FOOD SERVICE (§§ 26-2-390 — 26-2-393) › Section 26-2-391 - Permits for nonprofit food sales and food service at events; duration of permit; issuance of subsequent permits

(a)
A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, or an organization. For any permit issued pursuant to this Code section to be valid, the event must be held on property belonging to the sponsoring county, municipality, or organization or on the property of a party that has provided consent for use of such property for such event.
(b)
A permit shall be valid for:
(1)
A period of up to 120 consecutive hours and another permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit; or
(2)
A continuous period of up to 12 weeks between May 15 and August 15 and four additional weeks during the calendar year, which may be composed of nonconsecutive periods, coinciding with holidays during which local school systems are not in session, provided that all food items are provided free of charge and the organization does not receive funding from the United States Department of Agriculture to operate a food program.
(c)
At the request of the county or municipality issuing a permit pursuant to this Code section or at the request of a county or municipality sponsoring an event pursuant to subparagraph (a)(5)(C) of Code Section
26-2-21
or subparagraph (2)(E) of Code Section
26-2-370
, the county board of health shall:
(1)
Supply educational materials regarding food safety which may be provided to event organizers and the public; and
(2)
Conduct food safety inspections to ensure compliance with the provisions of Code Section
26-2-392
.
(d)
No fees shall be charged to an organization for the issuance of any permit pursuant to this Code section; provided, however, that the county board of health shall be authorized to impose a fee for inspections performed at the request of the issuing county or municipality. Such fee shall be fixed in a reasonable amount such that the proceeds of the fee do not exceed the total direct and indirect costs of conducting the inspection.
(e)
For purposes of this Code section, an event may include the provision of food at a third-party location within the same county.
Amended by 2020 Ga. Laws 591,§ 4, eff. 8/5/2020.
Amended by 2013 Ga. Laws 242,§ 2, eff. 7/1/2013.
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 14 - NONPROFIT FOOD SALES AND FOOD SERVICE (§§ 26-2-390 — 26-2-393) › Section 26-2-393 - Enforcement of article

The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's consent may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users.
Amended by 2020 Ga. Laws 591,§ 4, eff. 8/5/2020.
Amended by 2013 Ga. Laws 242,§ 3, eff. 7/1/2013.
Amended by 2011 Ga. Laws 244,§ 6-5, eff. 7/1/2011.
Amended by 2009 Ga. Laws 102,§ 1-6, eff. 7/1/2009.
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 15 - SALE OF MEAT, POULTRY, OR SEAFOOD FROM MOBILE VEHICLES (§§ 26-2-410 — 26-2-413) › Section 26-2-410 - Definitions

As used in this article, the term:
(1)
"Meat" means the carcass or any part of any carcass of any animal or any by-product thereof in any form.
(2)
"Mobile vehicle" means any vehicle that is mobile and includes land vehicles, air vehicles, and water vehicles.
(3)
"Poultry" means domestic fowl including, but not limited to, water fowl such as geese and ducks; birds which are bred for meat or egg production; game birds such as pheasants, partridge, quail, and grouse, as well as guinea fowl, pigeons, doves, and peafowl; ratites; and all other avian species.
(4)
"Seafood" means all fresh or frozen fish and all fresh or frozen shellfish, such as shrimp, oysters, clams, scallops, lobsters, crayfish, and other similar fresh or frozen edible products, but such term shall not include canned or salted seafood.
Amended by 2008 Ga. Laws 534,§ 26, eff. 5/12/2008.
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 15 - SALE OF MEAT, POULTRY, OR SEAFOOD FROM MOBILE VEHICLES (§§ 26-2-410 — 26-2-413) › Section 26-2-411 - Licensing and inspection of mobile vehicles

(a)
Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such license shall be issued by the department following the satisfactory inspection of such mobile vehicle and the meat, poultry, or seafood offered for sale therefrom to determine compliance with the laws of this state and the rules and regulations of the Commissioner and the payment of a license fee of $100.00 per vehicle per year or any portion thereof. All licenses shall expire 12 months from the date of issue. Any license may be renewed for any subsequent year upon a satisfactory inspection of the mobile vehicle and its contents and the payment of the license fee. Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section
45-12-92.1
.
(b)
As a condition for retaining a license issued pursuant to this article, a mobile vehicle shall be inspected by the department a minimum of once every six months and a stamp, seal, or other marking showing the date of such inspection shall be affixed to the license by the department or its inspector. There shall be no charge or fee for such semi-annual inspection stamp, seal, or other marking. It shall be the duty of the owner or operator of each mobile vehicle licensed or required to be licensed under this article to make such mobile vehicle available to the department for inspection a minimum of once every six months at a reasonable time and place specified by the department. Said place shall be within 100 miles of the county in which the license is issued.
Amended by 2010 Ga. Laws 360,§ 1-59, eff. 5/12/2010.
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 15 - SALE OF MEAT, POULTRY, OR SEAFOOD FROM MOBILE VEHICLES (§§ 26-2-410 — 26-2-413) › Section 26-2-412 - Rules and regulations

The Commissioner is authorized to promulgate and adopt such rules and regulations as are necessary to effectuate the purpose of 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 15 - SALE OF MEAT, POULTRY, OR SEAFOOD FROM MOBILE VEHICLES (§§ 26-2-410 — 26-2-413) › Section 26-2-413 - Penalty

Any person who violates this article 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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-430 - Short title

This article shall be known and may be cited as the "Common-sense Consumption Act."
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-431 - Definitions

As used in this article, the term:
(1)
"Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person.
(2)
"Federal act" means the Federal Food, Drug, and Cosmetic Act (Title
21 U.S.C. Section 301
, et seq., 52 Stat. Section 1040, et seq.).
(3)
"Generally known condition allegedly caused by or allegedly likely to result from long-term consumption" means a condition generally known to result or likely to result from the cumulative effect of consumption and not from a single instance of consumption.
(4)
"Knowing and willful" means that:
(A)
The conduct constituting a violation of federal or state law was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and
(B)
The conduct constituting such violation was not required by regulations, orders, rules, or other pronouncement of, or any statute administered by, a federal, state, or local government agency.
(5)
"Other person" means any individual, corporation, company, association, firm, partnership, society, joint-stock company, or other entity, including any governmental entity or private attorney general.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-432 - Exemption from liability of food distributors for long-term consumption of food

Except as provided in Code Section
26-2-433
, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act,
21 U.S.C. Section 321(f)
, or an association of one or more such entities, shall not be subject to civil liability arising under any law of this state for any claim arising out of weight gain, obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-433 - Exception to nonliability of food distributors

The limitation of liability provided for in Code Section
26-2-432
shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long-term consumption of food but is instead based on other cognizable injuries arising from:
(1)
A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of this state or of the United States and the claimed injury was proximately caused by such violation; or
(2)
Any other material violation of federal or state statutes or regulations applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food, provided that such violation is knowing and willful, the claim is brought by a party authorized to bring suit under such law, and the claimed injury was proximately caused by such violation.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-434 - Requirements of complaint

(a)
In any action exempted under paragraph (1) of Code Section
26-2-433
, the complaint initiating such action shall state with particularity the following:
(1)
The statute, regulation, or other law of this state or of the United States that was allegedly violated;
(2)
The facts that are alleged to constitute a material violation of such statute, regulation, or other law; and
(3)
The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.
(b)
In any action exempted under paragraph (2) of Code Section
26-2-433
, in addition to the requirements of subsection (a) of this Code section, the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers.
(c)
For purposes of applying this article, the requirements of this Code section are hereby deemed part of the substantive law of this state and not merely in the nature of procedural provisions.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-435 - Discovery

In any action exempted under Code Section
26-2-433
, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this Code section, unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under Title 9.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 16 - COMMON-SENSE CONSUMPTION ACT (§§ 26-2-430 — 26-2-436) › Section 26-2-436 - Applicability

The provisions of this article shall apply to all covered claims pending on July 1, 2005, and all claims filed thereafter, regardless of when the claim arose.
Amended by 2005 Ga. Laws 76,§ 1, eff. 7/1/2005.
Added by 2004 Ga. Laws 590, § 1, eff. 7/1/2004.
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 17 - COOPERATION IN IMPLEMENTATION OF FEDERAL FOOD SAFETY MODERNIZATION (§§ 26-2-440 — 26-2-441) › Section 26-2-440 - Definitions

As used in this article, the term:
(1)
"Administration" means the United States Food and Drug Administration.
(2)
"Department" means the Georgia Department of Agriculture.
(3)
"Federal act" means the Federal Food Safety Modernization Act,
21 U.S.C. Section 301
, et seq.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Amended by 2018 Ga. Laws 562,§ 26, eff. 5/8/2018.
Added by 2017 Ga. Laws 64,§ 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 17 - COOPERATION IN IMPLEMENTATION OF FEDERAL FOOD SAFETY MODERNIZATION (§§ 26-2-440 — 26-2-441) › Section 26-2-441 - Designation of cooperating agency

(a)
The department, acting by and through its Commissioner, is designated as the state agency responsible for cooperating with the administration under the provisions of the federal act.
(b)
In furtherance of its responsibilities under subsection (a) of this Code section, the department may:
(1)
Conduct inspections and take other regulatory actions as necessary to assist the administration in enforcement of the federal act; and
(2)
Enter into cooperative agreements with the administration to carry out the provisions of the federal act.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
Added by 2017 Ga. Laws 64,§ 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 18 - RAW DAIRY (§§ 26-2-450 — 26-2-466) › Section 26-2-450 - Definitions

As used in this article, the term:
(1)
"Commissioner" means the Commissioner of Agriculture of the State of Georgia.
(2)
"Department" means the Department of Agriculture of the State of Georgia.
(3)
"Grade 'A' raw milk for human consumption" means raw milk for human consumption produced by a permitted raw milk for human consumption producer, which meets all health, safety, and labeling standards of this article.
(4)
"Raw milk for human consumption" means fluid whole milk in its natural state from healthy cows, or other hoofed animals, which is intended for human consumption and has been produced under such rules and regulations as may be prescribed by or pursuant to 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 26-2-451 - Raw milk for human consumption

Raw milk for human consumption which is in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered by the producer directly to the consuming public for the purpose of human consumption. No raw milk may be sold, offered for sale, or delivered for the purpose of human consumption for wholesale purposes or if it is not in compliance with this article or the standards or rules and regulations prescribed pursuant to 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 26-2-452 - Enforcement by Commissioner

(a)
The Commissioner is charged with the responsibility of enforcing this article.
(b)
It shall be the duty of the Commissioner or his or her authorized representative:
(1)
To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for human consumption is produced, manufactured, kept, handled, stored, or sold;
(2)
To prohibit the production, sale, or distribution of unclean or unwholesome raw milk for human consumption;
(3)
To condemn for food purposes all unclean or unwholesome raw milk for human consumption, wherever found;
(4)
To take samples anywhere of any raw milk for human consumption or imitation thereof and cause the same to be analyzed or satisfactorily tested;
(5)
To weigh and test raw milk for human consumption; and
(6)
To compile and publish in print or electronically annually, or at such shorter intervals as he or she may desire, statistics and information concerning all phases of the raw dairy industry in this state.
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 26-2-453 - Rules and regulations

The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The rules and regulations shall include, but not be limited to, the following:
(1)
Rules and regulations to provide for the labeling of raw milk for human consumption in such manner so as to indicate that said raw milk complies with this article and the rules and regulations promulgated under this article;
(2)
Rules and regulations to prescribe the specifications of all glassware, including, but not limited to, bottles, pipettes, test tubes, and burrettes, and such other instruments as may be used in the testing of raw milk for human consumption; and
(3)
Rules and regulations to prescribe the specifications for the installation and operation of recording thermometers on bulk farm tanks.
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 26-2-454 - Permit required

(a)
It shall be unlawful for any person that does not possess a permit from the department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption. Nothing in this article shall prohibit the storage and personal consumption of raw milk by the owner of an animal or a resident of the premises of production.
(b)
Only a person that complies with the requirements of this article shall be entitled to receive and retain such a permit. Permits shall not be transferable to other persons or locations.
(c)
Each producer and distributor of raw milk for human consumption shall hold a valid permit issued by the department prior to beginning operation. No permit shall be issued until all parts of the operation meet the requirements of this article.
(d)
Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be renewable upon submission of all required application forms. The Commissioner may deny, refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or failure to comply with this article or the rules and regulations promulgated hereunder; provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
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 26-2-456 - Bottling, packaging, and sealing raw milk; labeling

(a)
All Grade "A" raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced.
(b)
All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the Federal Food, Drug, and Cosmetic Act as amended, the Nutrition Labeling and Education Act (NLEA) of 1990 and regulations developed thereunder, the Code of Federal Regulations, and in addition shall comply with the applicable requirements of this Code section.
(c)
All bottles, containers, and packages enclosing raw milk for human consumption shall be conspicuously marked with:
(1)
The words "Grade A Raw" on the exterior surface. Acceptable locations shall include the principal display panel, the secondary or informational panel, or the cap or cover;
(2)
The identity of the farm where packaged. This identifying information shall include the name, address, and permit number;
(3)
The following information statement, in print no smaller than 12 point font, shall be included on the package: "Warning: This is a raw milk product that is not pasteurized and may increase the risk of foodborne illness"; and
(4)
The common name of the hoofed mammal producing the milk shall precede the name of the milk when the product is made from other than cattle's milk.
(d)
The department shall not permit the use of any misleading marks, words, or endorsements upon the label. The department may permit the use of registered trade designs or similar terms on the bottle cap or label, when, in its opinion, they are not misleading and are not used to obscure the required labeling. Descriptive labeling terms must not be used in conjunction with the Grade "A" designation or name of the raw milk and must not be false or misleading.
Amended by 2023 Ga. Laws 353,§ 4, eff. 7/1/2023.
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 26-2-458 - Chemical, bacteriological, and temperature standards

(a)
All Grade "A" raw milk for human consumption shall be produced to conform with the following chemical, bacteriological, and temperature standards of this Code section:
(1)
Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, of the commencement of the first milking, and to 7 degrees Celsius or less within two hours after milking, provided that the blend temperature after the first and subsequent milkings does not exceed 10 degrees Celsius. All finished, processed, and packaged raw milk for human consumption shall be maintained at 7 degrees Celsius or less after processing, during storage, and during transportation;
(2)
Individual producer milk shall not exceed bacteria limits of 20,000 per mL;
(3)
No positive results on drug residue detection methods required by the department;
(4)
Individual producer milk shall not exceed a somatic cell count of 500,000 per mL, except individual producer goat milk shall not exceed 1,000,000 per mL;
(5)
Coliform counts shall not exceed 10 per milliliter; and
(6)
Individual producer milk shall not contain any organisms of Escherichia coli, including, but not limited to, the 0157:H7 strain, Salmonella, Listeria monocytogenes, or Campylobacter. Pathogenic testing for such organisms shall be conducted with samples taken by the department:
(A)
Quarterly;
(B)
Prior to permitting; and
(C)
In association with any outbreak of a foodborne disease.
(b)
No process or manipulation other than appropriate refrigeration shall be applied to raw milk for human consumption for the purpose of removing or deactivating microorganisms.
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 26-2-459 - Sanitation requirements

All Grade "A" raw milk for human consumption shall be produced to conform with the following sanitation requirements of this Code section:
(1)
Lactating animals which show evidence of the secretion of milk with abnormalities in one or more quarters, based upon bacteriological, chemical, or physical examination, shall be milked last or with separate equipment and the milk shall be discarded;
(2)
Lactating animals that have been treated with, or have consumed, chemical, medicinal or radioactive agents, which are capable of being secreted in the milk and which, in the judgment of the department, may be deleterious to human health, shall be milked last or with separate equipment and the milk disposed of as the department may direct;
(3)
Milk from lactating animals being treated with medicinal agents, which are capable of being secreted in the milk, shall not be offered for sale for such period as is recommended by the attending veterinarian or as indicated on the package label of the medicinal agent;
(4)
Milk from lactating animals treated with or exposed to insecticides not approved for use on dairy animals by the United States Environmental Protection Agency shall not be offered for sale;
(5)
The department may require additional tests for the detection of milk with abnormalities as it deems necessary;
(6)
Bloody, stringy, off-colored milk, or milk that is abnormal to sight or odor shall be handled and disposed of as to preclude the infection of other lactating animals and the contamination of milk utensils;
(7)
Lactating animals secreting milk with abnormalities shall be milked last or in separate equipment which effectively prevents the contamination of the wholesome supply. Milking equipment used on animals with abnormalities in their milk shall be maintained clean to reduce the possibility of re-infecting or cross-infection of the dairy animals;
(8)
Equipment, utensils, and containers used for the handling of milk with abnormalities shall not be used for the handling of milk to be offered for sale, unless they are first cleaned and effectively sanitized;
(9)
Processed animal waste derivatives used as a feed ingredient for any portion of the total ration of the lactating dairy animal shall:
(A)
Be properly processed in accordance with at least those requirements contained in the Model Regulations for Processed Animal Wastes developed by the Association of American Feed Control Officials; and
(B)
Not contain levels of deleterious substances, harmful pathogenic organisms, or other toxic substances which are secreted in the milk at any level that may be deleterious to human health; and
(10)
Unprocessed poultry litter and unprocessed recycled animal body discharges shall not be fed to lactating dairy animals.
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 26-2-460 - Health status of animals; testing and records

(a)
All raw milk for human consumption within the State of Georgia shall be from healthy animals. Raw milk from unhealthy animals shall not be offered for sale, be given away, or combined with other milk.
(b)
All animals producing raw milk for human consumption shall be tested for brucellosis and tuberculosis every 12 months. Animals showing positive by lesions or a positive test shall be reported to the department, and:
(1)
Shall be separated, and kept separate, from the remainder of the herd;
(2)
A certificate, identifying each animal, signed by a licensed veterinarian and the director of the laboratory making the test, shall be filed with the department;
(3)
Shall be retested by a licensed veterinarian at a frequency specified by the United States Department of Agriculture (USDA), and test results shall be filed with the department; and
(4)
Disposition of diseased animals shall be conducted in accordance with guidelines published by the USDA and shall be reported to the department.
(c)
For diseases other than brucellosis and tuberculosis, the department shall require such physical, chemical, or bacteriological tests as it deems necessary. The diagnosis of other diseases in dairy animals shall be based upon the findings of a licensed veterinarian. Any diseased animal disclosed by such test shall be disposed of as the department directs.
(d)
Animals shipped into Georgia for the purpose of milking shall be tested for tuberculosis and brucellosis within 30 days prior to being brought into the state. Brucellosis testing shall not be required for any cattle that have been vaccinated for brucellosis and are under 30 months of age.
(e)
Records supporting the tests required in this Code section shall be available to the department and be validated with the signature of a licensed veterinarian.
Added by 2022 Ga. Laws 879,§ 2, eff. 7/1/2023.