Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-2 - MILK AND MILK PRODUCTS › Subject 40-2-2 - ADMINISTRATION › Rule 40-2-2-.02 - Permits and Licenses

Current through Rules and Regulations filed through June 27, 2024
In addition to the requirements of the most recent
				  Pasteurized Milk Ordinance as amended the following shall apply in the State of
				  Georgia.
(a) All Grade A Plants, Grade
				A Producers, Distributors, receiving stations, dairy manufacturing plants and
				milk handlers purchasing raw milk in Georgia must meet the requirements
				according to the laws, rules and regulations vested in the Commissioner of
				Agriculture, and apply in writing annually to the Dairy Division, Department of
				Agriculture for license prior to December 1 of each year. All out of state
				Grade A Plants currently on the Interstate Milk Shippers list and holding a
				valid rating shall be considered to be licensed. Provided, however, that
				nonprofit cooperative associations having paid the fee provided by code section
				2-10-105 shall not be provided
				herein, but such associations shall obtain and keep current the requisite
				licenses.
(b) Issuance of Permits -
				Licenses: It shall be unlawful for any person who does not possess a license
				from the Georgia Department of Agriculture - Dairy Division to bring into, send
				into, or receive into the State of Georgia or its jurisdiction, for sale, or to
				sell or offer for sale therein, or to have in storage any milk or milk products
				as defined in these rules. Only a person who complies with the requirements of
				this chapter shall be entitled to receive and retain such a permit. Permits
				shall not be transferable with respect to persons and/or locations.
(c) Application for all licenses,
				registrations and permits shall be made on the forms provided by the Department
				of Agriculture - Dairy Division. All licenses shall be renewable upon payment
				of the required fee and submission of all required application forms. All such
				licenses shall be valid for a period of one year unless revoked or
				suspended.
(d) License for Grade A
				Dairy Plant. For a place of business that purchases Grade 'A' Milk from
				producers of other Grade 'A' milk handlers for processing and/or for bottling
				and distribution. LICENSE FEE: $10.00
(e) License for Raw Milk Handlers/Brokers.
				For a place of business that purchases milk produced in Georgia from producers
				or other milk handlers to be shipped for further processing. LICENSE FEE:
				$5.00
(f) License for Dairy
				Manufacturing Plant. For a place of business that purchases milk from producers
				or other milk handlers for manufacturing purposes, such as cheese, condensed
				milk, evaporated milk, powdered milk, ice cream, ice cream mix or other frozen
				desserts and products not defined in the Grade A Pasteurized Milk Ordinance.
				LICENSE FEE: $10.00
(g) License for
				Milk and Cream Testers. All persons, firms, or corporations buying milk and
				milk products on a butterfat basis shall engage a tester licensed and bonded by
				the Department of Agriculture. This bond shall be made to the Commissioner of
				Agriculture in the amount of one thousand dollars ($1,000.00). LICENSE FEE:
				$5.00
(h) Temporary Marketing
				Permit. The Georgia Department of Agriculture recognizes that advances in
				technology and the changing nutritional needs of consumers sometimes require
				market tests of products varying from existing standards of identity. Using the
				for-mat outlined in 21 CFR,
				130.17, the Georgia Department of Agriculture
				will provide temporary approval for marketing such a product in Georgia when
				the following conditions are met:
1. The sole
				purpose of the marketing test is to obtain data necessary for reasonable
				grounds in support of a petition to amend a standard of identity.
2. The approval of such a test shall be
				normally for a period not to exceed fifteen (15) months unless applicant can
				show good cause for extending the test market period.
3. Any person desiring a Temporary Marketing
				Permit on a dairy product including frozen desserts must meet the criteria
				cited in paragraph (a) and (b) above, and must file a written application with
				the Dairy Division, Room 318, Georgia Department of Agriculture, Capitol
				Square, Atlanta, Georgia 30334. This application must accompany copies of
				proposed product label and contain the following information:
(i) Name and address of the
				applicant;
(ii) Citation of the
				applicable definition and standard of identity from which a deviation is being
				requested;
(iii) A full and
				complete description of the deviation or variation being requested;
(iv) The basis upon which the product that
				will vary from the standard is believed to be wholesome and not
				deleterious;
(v) The purpose or
				rationale of effecting the variation;
(vi) The time period during which the product
				will be sold in Georgia;
(vii) The
				projected quantity and an explanation of why this projected amount is believed
				necessary to measure consumer response;
(viii) The physical address of the
				applicant's manufacturing facility and points of distribution in
				Georgia;
(ix) A statement of
				whether or not the product has been or is to be distributed in the state in
				which it is manufactured;
(x) If an
				applicant that has been granted a temporary marketing permit in Georgia feels a
				need to extend the permit beyond fifteen (15) months, they must submit an
				application to the department three (3) months prior to the expiration date of
				the permit. It shall be accompanied by a description of experiments conducted,
				tentative conclusions reached and reasons why further experimental shipments
				are considered necessary;
(xi)
				Information as to how long and where this product may have been marketed in
				other states prior to requesting a permit in Georgia. LICENSE FEE:
				$100.00