Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-7 - FOOD DIVISION REGULATIONS › Subject 40-7-2 - ADDITIONAL REGULATIONS APPLICABLE TO SALVAGEABLE FOODS AND SINGLE SERVICE ITEMS › Rule 40-7-2-.01 - Salvageable Foods and Single Service Utensil Items

Current through Rules and Regulations filed through June 27, 2024
(1) Definitions.
(a) "Commissioner" means Commissioner of
				Agriculture and/or his designated representative.
(b) "Department" means the Georgia Department
				of Agriculture.
(c) "Act" means the
				Georgia Food Act (1966 Ga. L. 195) as amended, and all regulations
				thereunder.
(d) "Food" means
				articles used for food or drink for human consumption, chewing gum, and
				articles used for components of any such articles, including single-service
				articles as hereinafter defined.
(e) "Person" means an individual,
				partnership, corporation, or association or any combination thereof.
(f) "Salvage Food" means any item of food
				which (or the container or label of which) may have been subject to damage,
				contamination, deterioration, or other adverse effect by fire, water, smoke,
				chemicals impact, exposure to the elements, temperature changes, or any other
				forces or means which may temperature changes, or any other forces or means
				which may cause the same to fail to be in compliance with the Act and
				regulations thereunder.
(g)
				"Unsalvageable Foods/Distressed Foods" means foods which are not in compliance
				with the Act, and with respect to which, Food Salvage Operations are not
				planned or in process to bring the same into compliance with said
				Act.
(h) "Single service articles"
				means items used by the food sales establishment or the consumer such as cups,
				containers, lids, and packing materials, including bags and similar articles,
				intended for contact with food, and designed for one-time use. The term does
				not include "Single use articles" such as number 10 cans, aluminum pie pans,
				bread wrappers and similar articles into which food has been packaged by the
				manufacturer.
(i) "Vehicles used in
				Salvaged Food Transportation" shall mean any truck, car, bus, rail car, boat or
				other means by which salvage food is transported from one location to
				another.
(j) "Application" shall
				mean a written application which is required pursuant to the 1971 Amendment to
				the Act and will be made on a form provided by the Department.
(k) "Food Salvager" means a person, firm,
				partnership, auction firm or corporation engaged in the business of
				reconditioning, labeling, relabeling, repackaging, recoopering, sorting,
				cleaning, culling or by any other means salvaging; and who sells, stores,
				offers for sale, transports, or distributes for human consumption any salvaged
				food, beverage, including beer, wine and distilled spirits, food supplement,
				single service articles, or any other human food product of a similar nature
				that has been damaged, contaminated (or may have been subjected to
				contamination) by fire, water, smoke. chemicals, transit, or by any other
				means.
(l) "Salvage Food
				Distributor" means a person engaged in the business of selling, storing,
				offering for sale, distributing, peddling, or otherwise trafficking in salvage
				food or unsalvageable food, including without limitation, a salvage food
				auction firm as hereinafter defined.
(m) "Salvage Food Auction Firm" means a
				person engaged in the business of selling salvage food for his own account or
				for others, irrespective of the manner in which he is compensated or receives
				consideration with respect to such sale.
(n) "Salvage Food Operations" means any
				operation, including without limitation, reconditioning, labeling, relabeling,
				repackaging, recoopering, sorting, cleaning, culling and trimming, by which it
				is sought to prepare salvage food for ultimate human consumption or to bring
				the same into compliance with the Act.
(o) "Salvageable Food" is any food item or
				single service article which can be reconditioned, labeled, relabeled,
				repackaged, recoopered, sorted, cleaned, culled, trimmed or by any other means
				be salvaged and which brings such food item into compliance with requirements
				of the Act and regulations under this Act and its amendments, to the
				satisfaction of the Commissioner, and which is not deleterious to the health of
				the consumer.