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 40-2-16 - RAW MILK FOR HUMAN CONSUMPTION › Rule 40-2-16-.03 - Permitting

Current through Rules and Regulations filed through June 27, 2024
(1)
Prerequisite for Operation.
(a) It shall be unlawful for any person who
				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.
(b) No permit shall be
				issued until all parts of the operation are in compliance with the requirements
				of the Georgia Raw Dairy Act and these regulations.
(1)
Form of Submission.
A person
				desiring to operate a dairy farm producing raw milk for human consumption must
				submit an application for a permit or license on a form provided by the
				Department.
(2)
Qualifications and Responsibilities of Applicants.
To qualify for
				a permit or license, an applicant must:
(a) Be
				an owner of the dairy farm or an officer of the legal ownership;
(b) Comply with the requirements of these
				regulations;
(c) As specified under
				40-2-16-.04(2),
				agree to allow access to the dairy farm and to provide required
				information;
(d) Comply with the
				verification of citizenship/immigration status by completing a notarized
				affidavit and providing one form of acceptable documentation as defined in
				O.C.G.A. §
												50-36-1; and
(e) Pay the applicable permit or license fees
				at the time the application is submitted.
(3)
Permit Renewal.
All permits
				and licenses:
(a) Are valid for a period of
				one (1) year unless revoked or suspended,
(b) Are renewable on January 1 of the
				calendar year, and
(c) Application
				forms are not required for permit or license renewals.
(4)
Responsibilities of the Permit
				Holder.
Upon acceptance of a permit or license issued by the Department,
				the permit or license holder, in order to retain the permit or license, must:
(a) Comply with the provisions of the Raw
				Dairy Act and these regulations;
(b) Immediately discontinue operations and
				notify the Department if an imminent health hazard may exist;
(c) Allow representatives of the Department
				access to the dairy farm;
(d)
				Replace existing facilities and equipment with facilities and equipment that
				comply with these regulations if:
1. The
				Department directs the replacement because the facilities and equipment
				constitute a public health hazard or nuisance or no longer comply with the
				criteria upon which the facilities and equipment were accepted, or
2. The Department directs the replacement of
				the facilities and equipment because of a change of ownership.
(e) Comply with directives of the
				Department including time frames for corrective actions specified in inspection
				reports, notices, orders, warnings, and other directives issued by the
				Department in regard to the permit or license holder's dairy farm or in
				response to community emergencies;
(f) Accept notices issued and served by the
				Department according to law; and
(g) Be subject to the remedies authorized in
				law for failure to comply with these regulations or a directive of the
				Department, including time frames for corrective actions specified in
				inspection reports, notices, orders, warnings, and other directives.
(5)
Permits or Licenses Not
				Transferable.
Permits or licenses issued by the Department are not
				transferable to other persons or locations.
(6)
Complete and Accurate
				Records.
Any person operating under the 'Georgia Raw Dairy Act' and
				these regulations must:
(a) Upon the request
				of the Commissioner or their designee, provide such data and statistics as he
				or she may require; and
(b) Keep
				complete and accurate records of their operations and provide the Commissioner
				or their designee free access to all such records.