reglab/statecodes huggingface dataset:
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply in the interpretation
				  and enforcement of this Chapter.
(1)
"Acid Foods"
or
"Acidified Foods"
means foods that
				have a natural pH of 4.6 or below or low acid-foods to which acid(s) or acid
				food(s) are added: these foods include, but are not limited to, beans,
				cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical
				fruits, and fish, singly or in any combination. They have a water activity (aw)
				greater than 0.85 and have a finished equilibrium pH of 4.6 or below.
(2)
"Act"
means The Georgia Food
				Act.
(3)
"Adequate"
means that which is needed to accomplish the intended purpose in keeping with
				good public health practice.
(4)
"Adulterated"
as defined in Georgia Food Act Section
				26-2-26.
(5)
"Balut"
means an embryo
				inside a fertile egg that has been incubated for a period sufficient for the
				embryo to reach a specific stage of development after which it is removed from
				incubation before hatching.
(6)
"Code of Federal Regulations"
means the compilation of the general
				and permanent rules published in the Federal Register by the executive
				departments and agencies of the federal government.
(7)
"Commissioner"
means
				Commissioner of Agriculture of the State of Georgia.
(8)
"Consumer"
means a person
				who is a member of the public, takes possession of food, is not functioning in
				the capacity of an operator of a food establishment or food processing plant,
				and does not offer the food for resale.
(9)
"Critical Control Point"
means a point, step, or procedure in a food process at which control can be
				applied and is essential to prevent or eliminate a food safety hazard or reduce
				such hazard to an acceptable level.
(10)
"Critical limit"
means the
				maximum or minimum value to which a physical, biological, or chemical parameter
				must be controlled at a critical control point to prevent, eliminate, or reduce
				to an acceptable level the occurrence of the identified food hazard.
(11)
"Department"
means the
				Georgia Department of Agriculture.
(12)
"Department Representative"
means any officer, inspector, agent or employee of the Georgia Department of
				Agriculture who is authorized by the Commissioner with the duty of enforcing
				these regulations.
(13)
"Egg"
means the shell egg of avian species such as chicken, duck,
				goose, guinea, quail, ratites or turkey. Egg does not include:
(a) Balut,
(b) the egg of reptile species such as
				alligator; or
(c) an egg
				product.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.03 - Right of Entry

Current through Rules and Regulations filed through June 27, 2024
(1) The Commissioner or his duly authorized
				agent shall have free access during all hours of operation and at all other
				reasonable hours to any factory, warehouse, or establishment in which food is
				manufactured, processed, packed, or held for introduction into commerce and any
				vehicle being used to transport or hold such foods to commerce for the
				following purposes:
(a) Of inspecting such
				factory, warehouse, establishment, or vehicle, any records of pathogen
				destruction, and any records of testing of samples or specimens of foods,
				ingredients, or environmental for the presence of poisonous or deleterious
				substances or other contaminants and the results thereof as may be required to
				determine if any of the provisions of this article are being violated;
				and
(b) Of securing samples or
				specimens of any food or environmental samples, after paying or offering to pay
				for such samples.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.04 - Preventing Food and Ingredient Contamination

Current through Rules and Regulations filed through June 27, 2024
Food shall be protected from cross contamination by:
(a) Separating raw agricultural products
				requiring pathogen destruction during storage, preparation, and holding from
				ready-to-eat foods not requiring further processing, except when combined as
				ingredients.
(b) As specified under
				40-7-1-.12.
O.C.G.A. §
											26-2-1,
et
				  seq
.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.05 - Laboratory Requirements

Current through Rules and Regulations filed through June 27, 2024
Any food processing plant subject to any testing requirements
				  pursuant to this chapter shall cause such required tests to be performed
				  consistent and in accordance with testing standards and procedures outlined in
				  the federal Food and Drug Administration's Bacterial Analytical Manual and
				  standards developed by the Association of Analytical Communities (AOAC)
				  International, International Organization for Standardization, or another
				  internationally recognized certification body.
O.C.G.A. §
											26-2-1,
et
				  seq
.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.06 - Testing

Current through Rules and Regulations filed through June 27, 2024
(1) The
				Commissioner shall require testing of finished products leaving the food
				processing plant, including ingredients going to other facilities for use in
				other products, for the presence of poisonous or deleterious substances or
				other contaminants rendering such foods or ingredients injurious to health;
				testing shall be conducted according to the risk category of the food
				processing plant.
(a) The food processing
				plant risk category shall be determined according to the highest risk product
				the plant produces. The three designated risk categories and minimum testing
				requirements are:
1. Low risk products -
				quarterly testing.
2. Moderate risk
				products - monthly testing.
3. High
				risk products - semimonthly testing.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.07 - Reporting

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever any
				person or firm operating a food processing plant in this state obtains
				information from testing of samples or specimens of finished foods or finished
				food ingredients which, based on a confirmed positive test result, indicates
				the presence of a substance that would cause a manufactured food bearing or
				containing the same to be adulterated with the presence of poisonous or
				deleterious substances or other contaminates, such person or firm shall report
				such test result(s) to the Department within 24 hours after obtaining such
				result.
(a) The person or firm that operates
				a food processing plant shall be required to report the presence of poisonous
				or deleterious substances or other contaminates even if the product was not
				distributed and the problem was corrected.
(b) A presumptive positive test result or
				test result requiring further typing or numeration shall be carried out through
				additional testing, utilizing the same sample that yielded the presumptive, to
				obtain a final result.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.08 - Records

Current through Rules and Regulations filed through June 27, 2024
Records of the results of any tests required pursuant to this
				  Code section shall be kept by a food processing plant and made available to the
				  Department for inspection for a period of not less than two years from the date
				  the results were reported by the laboratory.
O.C.G.A. §
											26-2-1,
et
				  seq
.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.10 - Exemption

Current through Rules and Regulations filed through June 27, 2024
(1) Section
				40-7-18-.06 of this chapter shall
				not apply to the following products or processes:
(a) Food products produced under a federal
				grant of inspection from the United States Department of Agriculture Food
				Safety and Inspection Service and which are not produced under regulatory
				jurisdiction of the U.S. Food and Drug Administration (FDA);
(b) Grade A milk products that are governed
				under the Pasteurized Milk Ordinance (PMO);
(c) Bottled water products regulated under
				Georgia Department of Agriculture Food Division Regulations Chapter 40-7-6
				Additional Regulations Applicable to Commercially Bottled Water and Water
				Vending Machines;
(d) Shellfish
				products governed by the National Shellfish Sanitation Program (NSSP) Model
				Ordinance;
(e) Raw agricultural
				products requiring further processing as specified under
				40-7-18-.02(43);
				or
(f) Classified as a small
				business producing low volume food products as defined by U.S. Food and Drug
				Administration. Businesses qualifying under this exemption must submit
				supporting documentation to the Department.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.11 - Trade Secrets - Confidentiality

Current through Rules and Regulations filed through June 27, 2024
The Department shall treat as confidential information that
				  qualifies as a trade secret that is contained on inspection report forms and in
				  the plans or specifications submitted as required to comply with this
				  chapter.
O.C.G.A. §
											26-2-1,
et
				  seq
.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.12 - Adoption of Reference

Current through Rules and Regulations filed through June 27, 2024
Hereinafter, the following is adopted by reference and
				  therefore all applicable provisions become part of this chapter:
(1) Federal Food, Drug and Cosmetic Act, as
				amended and regulations issued thereunder.
(2) The Code of Federal Regulations, Title 21
				Parts 1 (ONLY § 1.20-1.24, and Subpart O § 1.900-1.934), 7 (ONLY
				§ 7.1-7 .13 and § 7.40-7.59), 70 (ONLY § 70.20-70.25), 73 (ONLY
				§ 73.1 - § 73.615), 74 (ONLY § 74.101-706), 81, 82 (ONLY §
				82.3 - § 82.706), 100 (ONLY § 100.155 and § 101.100), 101
				(EXCEPT § 101.69 and § 101.108), 102 (EXCEPT § 102.19), 104,
				105, 106 (EXCEPT § 106.120), 107 (EXCEPT § 107.200 - § 107.280),
				108 (ONLY § 108.25 - § 108.35), 109, 110, 113, 114, 115, 117, 118,
				120, 123, 129, 130 (EXCEPT § 130.5-6 and § 130.17), 131, 133, 135,
				136, 137, 139, 145, 146, 150, 152, 155, 156, 158, 160, 161, 163, 164, 165, 166,
				168, 169, 170 (EXCEPT § 170.6, § 170.15, and § 170.17), 172,
				173, 174, 175, 176, 177, 178, 180, 181,182, 184, 186, and 189.
(3) Department Rules 40-7-1 Retail Food
				Sales, only for food processing plants that perform sales to the end consumer
				on their same premise. These retail components shall be subject to the
				requirements and standards set forth in 40-7-1. All other areas of the food
				processing plant, whose operations do not directly involve sales to the end
				consumer, shall remain under the provisions of these regulations; including the
				federal laws and regulations adopted by reference in paragraphs (1) and (2) of
				this section.
O.C.G.A. §
											26-2-1,
et
				  seq
.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.13 - Civil Penalties

Current through Rules and Regulations filed through June 27, 2024
(1) A food processing plant that fails to
				comply with the testing regiment as specified under
				40-7-18-.06 or Written Food Safety
				Plan as specified under paragraph (1) and (2) of this section;
(A) Shall be imposed a fine not to exceed
				$5,000.00 for each violation.
(B)
				An imposition of a $7,500.00 civil penalty for any food processing plant that
				knowingly fails to comply.
(C) In
				addition to such civil penalties, within 30 days of the determination by the
				Commissioner that such violation has occurred, such food processing plant shall
				submit to the Commissioner a Written Plan as specified under paragraph (2) of
				this section.
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 40-7-18 - MANUFACTURED FOOD REGULATIONS › Rule 40-7-18-.14 - License to Operate

Current through Rules and Regulations filed through June 27, 2024
(1) Prerequisite for Operation. A person may
				not operate a food processing plant without a valid license to operate issued
				by the Department.
(2) Form of
				Submission. A person desiring to operate a food processing plant shall submit
				to the Department a written application for a license on a form provided by the
				Department.
(3) License Fees.
(a) The license fee structure is as follows:
1. Tier 1 fee is $100;
2. Tier 2 fee is $150;
3. Tier 3 fee is $200;
4. Tier 4 fee is $250; and
5. Tier 5 fee is $300.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.01 - Purpose

Current through Rules and Regulations filed through June 27, 2024
The purpose of this Chapter is to allow individuals using
				  home kitchens to prepare, manufacture, and sell non-potentially hazardous foods
				  to the public.
O.C.G.A.
				  §
											26-2-34.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in this Chapter, the term:
(1) "Bulk food" means food in aggregate
				containers from which quantities desired by the consumer are
				withdrawn.
(2) "Consumer" means a
				person who is a member of the public, takes possession of food, is not
				functioning in the capacity of an operator of a Food Sales Establishment or
				Food Processing Plant, and does not offer the food for resale.
(3) "Cottage food operator" means a person
				who produces cottage food products only in the home kitchen of that person's
				primary domestic residence and only for sale directly to the
				consumer.
(4) "Cottage food
				products" means non-potentially hazardous baked goods, jams, jellies,
				preserves, and other non-potentially hazardous foods produced in the home
				kitchen of a domestic residence.
(5) "Domestic residence" means a
				single-family dwelling or an area within a rental unit where a single person or
				family actually resides; but does not include any group or communal residential
				setting within any type of structure or any outbuilding, shed, barn, or other
				similar structure.
(6) "Easily
				Cleanable" means a characteristic of a surface that:
(a) Allows effective removal of soil by
				normal cleaning methods;
(b) Is
				dependent on the material, design, construction, and installation of the
				surface; and
(c) Varies with the
				likelihood of the surface's role in introducing pathogenic or toxigenic agents
				or other contaminants into food based on the surface's approved placement,
				purpose, and use.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.03 - Registration

Current through Rules and Regulations filed through June 27, 2024
A cottage food operator must register with the Georgia
				  Department of Agriculture's Food Safety Division before commencing operations.
				  The application for registration must include the following:
(1) The business name and home address of the
				cottage food operator;
(2) A list
				of the cottage food products that the cottage food operator intends to
				produce;
(3) Indication of private
				or public water system. If a public water system is utilized for the
				manufacture of cottage food products, the cottage food operator must attach a
				copy of their most recent water bill to the registration form;
(4) Indication that the cottage food operator
				has attended and passed a Food Safety training class accredited by the American
				National Standards Institute (ANSI). A copy of their certificate must be
				attached to the registration form;
(5) Indication that the cottage food operator
				has checked with their municipal and county governments to ensure a home
				business is allowed; and
(6) An
				affidavit attesting that, by completing the registration form, the cottage food
				operator expressly grants the Georgia Department of Agriculture the right of
				entry to the residence during normal business hours, or at other reasonable
				times, for investigation of any consumer complaint, foodborne disease outbreak,
				or other public health emergency. Refusal to allow entry during normal business
				hours, or at other reasonable times, will result in revocation of their Cottage
				Food License.
O.C.G.A.
				  §
											26-2-34.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.04 - Licenses and Fees

Current through Rules and Regulations filed through June 27, 2024
(1) A person must not operate as a cottage
				food operator without registering with and obtaining a license from the
				Department.
(2) The annual fee for
				the Cottage Food License will be $100.00. Registration must be completed
				annually for permitted cottage food operators, according to calendar year. For
				new applicants registering after June 30th, the fee for the License will be
				reduced by 50%.
(3) Water analysis,
				for coliform bacteria and nitrates, will be required annually for cottage food
				operators with a private water supply; and a copy of the water analysis results
				must be attached to the registration form. The most recent copy of the annual
				water analysis results must be maintained by the cottage food operator and
				provided to the Department upon request. The cottage food operator must also
				adhere to the requirements found in the Department's
Non-Public Water
				Supply Testing Guidance
document.
(4) Cottage Food Licenses are not required
				for individuals selling home produced non-potentially hazardous foods only at
				non-profit events as described in O.C.G.A. §
									26-2-21(a)(5)(C).
O.C.G.A.
				  §
											26-2-34.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.05 - Cottage Food Limitations

Current through Rules and Regulations filed through June 27, 2024
Cottage Food Operators:
(1) May only produce non-potentially
				hazardous foods. Examples of these foods include:
(a) Loaf breads, rolls, and
				biscuits;
(b) Cakes (except those
				that require refrigeration due to cream cheese icing, fillings, or high
				moisture content such as tres leche);
(c) Pastries and cookies;
(d) Candies and confections;
(e) Fruit pies;
(f) Jams, jellies, and preserves (Not to
				include Fruit Butters whose commercial sterility may be affected by reduced
				sugar/pectin levels);
(g) Dried
				fruits;
(h) Dry herbs, seasonings
				and mixtures;
(i) Cereals, trail
				mixes, and granola;
(j) Coated or
				uncoated nuts;
(k) Vinegar and
				flavored vinegars; and
(l) Popcorn,
				popcorn balls, and cotton candy.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.06 - Cottage Food License

Current through Rules and Regulations filed through June 27, 2024
(1) A Cottage Food License will be issued
				following a review of the registration application, and upon completion of a
				pre-operational inspection of the cottage food operator's home kitchen to
				evaluate the kitchen facilities and ensure compliance with 40-7-19.
(2) The Cottage Food License must contain the
				following information:
(a) The business name
				and home address of the cottage food operator;
(b) The cottage food operator's
				name;
(c) The date the license is
				issued;
(d) The date the license
				expires;
(e) The list of cottage
				food products that were submitted on the license application;
(f) A statement that reads, "This license
				allows for the retail sale of home produced food. Food sold under this license
				shall be to the end consumer. Food Produced in this facility is not subject to
				routine inspection, nor should this license be construed as a substitute for
				the Department's Food Sales Establishment License;" and
(g) A statement that reads, "This license
				must be conspicuously displayed at the point of sale."
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.07 - Inspections

Current through Rules and Regulations filed through June 27, 2024
(1) The Department
				will conduct an inspection of the home kitchen of a cottage food operator:
(a) Prior to issuing the Cottage Food
				License;
(b) For the investigation
				of a consumer complaint; or
(c) For
				the investigation of a foodborne disease outbreak, or other public health
				emergency.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.08 - Food Safety Directives

Current through Rules and Regulations filed through June 27, 2024
The Food Safety Directives are public health intervention
				  strategies designed to limit the potential for foodborne disease outbreaks.
				  Cottage food operators should follow these directives to help ensure the safety
				  of their products. They represent the minimum best practices required in the
				  production of cottage food products, and cottage food operators are encouraged
				  to contact the Department for additional guidance on food safety issues.
(1) Handwashing
(a) Employees involved with the preparation
				and packaging of cottage food products should clean their hands and exposed
				portions of their arms before starting food processing and after any activity
				that renders the hands unsanitary.
(b) Liquid soap, paper towels, and water warm
				to the touch should be used for handwashing, and these should always be
				available at the handwashing sink.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.09 - Product Labels

Current through Rules and Regulations filed through June 27, 2024
Labeling is required for Cottage Food Products, and the
				  method will vary depending on the manner of sale:
(1) Direct sale. For cottage food products
				that are custom sold to an individual consumer (ex. wedding cakes, birthday
				cakes, etc.) the following information must be on the package:
(a) The business name and home address of the
				cottage food operator;
(b) The
				following statement must be conspicuously labeled on the package, "MADE IN A
				COTTAGE FOOD OPERATION THAT IS NOT SUBJECT TO STATE FOOD SAFETY INSPECTIONS."
				This statement must:
1. Appear in Times New
				Roman or Arial font, in at least 10-point type; and
2. In a color that contrasts to the
				background color of the label.
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 40-7-19 - COTTAGE FOOD REGULATIONS › Rule 40-7-19-.10 - Scales Required

Current through Rules and Regulations filed through June 27, 2024
(1) For cottage food products that are
				individually packaged, wrapped, or otherwise containerized for sale, the
				cottage food operator should employ a food scale to ensure that the net
				contents of the consumer package is at least equal to the amount listed in the
				declaration of quantity.
(2) For
				cottage food products that are sold by weight, the cottage food operator must
				have a scale that is legal for trade.
O.C.G.A.
				  §
											26-2-34.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.01 - Scope of Regulations

Current through Rules and Regulations filed through June 27, 2024
The following regulations will apply to a farm or farm
				  mixed-type facility that meets the general provisions as outlined in the Code
				  of Federal Regulations, Title 21 Part 112.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions will apply in the interpretation
				  and enforcement of this Chapter:
(1)
"Adulterated"
will have the same definition as defined in O.C.G.A.
				§
									26-2-26.
(2)
"Code of Federal
				Regulations"
means the compilation of the general and permanent rules
				published in the Federal Register by the executive departments and agencies of
				the federal government.
(3)
"Commissioner"
means the Commissioner of Agriculture of the State
				of Georgia.
(4)
"Department"
means the Georgia Department of
				Agriculture.
(5)
"Egregious
				Condition"
means a practice, condition, or situation on a farm or in a
				packing house that is reasonably likely to lead to serious adverse health
				consequences or death from the consumption of or exposure to covered
				produce.
(6)
"Fresh Sprouts
				Processing Facility"
means a commercial operation that grows, harvests,
				packs, or holds sprouts, except soil- or substrate-grown sprouts harvested
				without their roots.
(7)
"Imminent Public Health Hazard"
means a significant threat or
				danger to health that is considered to exist when there is evidence sufficient
				to show that a product, practice, circumstance, or event creates a situation
				that requires immediate correction or cessation of operation to prevent injury
				based on:
(a) the number of potential
				injuries, and
(b) the nature,
				severity, and duration of the anticipated injury.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.03 - Right of Entry

Current through Rules and Regulations filed through June 27, 2024
The Commissioner or his duly authorized agent will have free
				  access during all hours of operation and at all other reasonable hours to any
				  farm, mixed-type facility, warehouse, or establishment in which produce is
				  grown, harvested, packed, or held for introduction into commerce, and any
				  vehicle being used to transport or hold produce to commerce for the following
				  purposes:
(1) To inspect each farm,
				mixed-type facility, warehouse, or establishment in which produce is grown,
				harvested, packed, or held for introduction into commerce and any vehicle being
				used to transport or hold produce to commerce for compliance with this Chapter
				and any other applicable law or regulation enforced by the
				Department;
(2) To make additional
				inspections and reinspections as are necessary for the effective enforcement of
				these regulations; and
(3) To
				examine applicable records of a farm, mixed-type facility, warehouse, or
				establishment in which produce is grown, harvested, packed, or held for
				introduction into commerce and any vehicle being used to transport or hold
				produce to commerce.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.04 - Embargo or Condemnation

Current through Rules and Regulations filed through June 27, 2024
(1) Produce determined to be adulterated or
				misbranded will be subject to embargo or condemnation and destruction. The
				Department may temporarily or permanently issue an order to embargo or condemn
				all produce or produce containers found to be adulterated or
				misbranded.
(2) It is unlawful for
				any person to remove or dispose of such detained or embargoed article by sale
				or otherwise without the express written permission of the Commissioner or his
				duly authorized agent.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.05 - Remedies and Penalties

Current through Rules and Regulations filed through June 27, 2024
The Department may issue civil monetary penalties and seek
				  injunctive relief against any person who violates any provision of this Chapter
				  or any other applicable law or regulation enforced by the
				  Department.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.06 - Adoption of Reference

Current through Rules and Regulations filed through June 27, 2024
The following is hereby adopted by reference and therefore
				  all applicable provisions become part of this chapter:
(1) Federal Food Safety Modernization Act,
				Public Law
				111-353; and
(2) The Code of Federal Regulations, Title 21
				Part 112 Standards for the Growing, Harvesting, Packing, and Holding of Produce
				for Human Consumption, as amended and regulations issued thereunder.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.07 - License Required for Fresh Sprouts Processing Facility

Current through Rules and Regulations filed through June 27, 2024
(1) Prerequisite for Fresh Sprout Operation.
				A person may not operate a Fresh Sprouts Processing Facility falling under Code
				of Federal Regulations, Title 21 Part 112, Subpart M without a valid food sales
				establishment license to operate issued by the Department.
(2) Form of Submission. A person desiring to
				operate a Fresh Sprouts Processing Facility must submit to the Department a
				written application for a license on a form provided by the
				Department.
(3) License.
(a) The Commissioner will charge a license
				fee of $300 for the food sales establishment license issued, pursuant to
				O.C.G.A 26-2-25.
(b) The license must be renewed annually on
				July 1. License fees will be increased by fifty percent (50%) for the renewal
				of a license not renewed by September 1.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.08 - Reporting Requirements for Fresh Sprouts Processing Facilities

Current through Rules and Regulations filed through June 27, 2024
(1) Whenever any person or firm operating a
				Fresh Sprouts Processing Facility in this state obtains information of a
				positive test result that indicates the presence of a poisonous or deleterious
				substance, either from testing of environmental, in-process product, finished
				product, or spent sprout irrigation water; such person or firm must report such
				test result(s) to the Department within 24 hours after obtaining such result.
(a) The person or firm that operates a Fresh
				Sprouts Processing Facility will be required to report the positive findings
				regardless if the product was not distributed or the problem was
				corrected.
(b) A presumptive
				positive test result or test result requiring further typing or numeration must
				be carried out through additional testing utilizing the same sample that
				yielded the presumptive to obtain a final result.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.09 - Laboratory Requirements

Current through Rules and Regulations filed through June 27, 2024
Any farm, mixed-type facility, warehouse, or establishment
				  subject to any testing requirements in this Chapter must cause such required
				  tests to be performed consistent and in accordance with testing standards and
				  procedures outlined in Title 21 Part 112 Subpart M and the federal Food and
				  Drug Administration's Bacterial Analytical Manual and standards developed by
				  the Association of Analytical Communities (AOAC) International, International
				  Organization for Standardization, or another internationally recognized
				  certification body.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
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 40-7-20 - PRODUCE SAFETY REGULATIONS › Rule 40-7-20-.10 - Egregious Conditions

Current through Rules and Regulations filed through June 27, 2024
The Commissioner maintains the right to take necessary
				  action, regardless of exemption status if:
(1) A practice, condition, or situation on a
				farm or in a packing house is reasonably likely to lead to serious adverse
				health consequence or death from the consumption of or exposure to covered
				produce; or
(2) Corrective action
				is not immediately taken for an imminent public health hazard.
O.C.G.A.
				  §§
											26-2-34,
				  26-2-441.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
Except as otherwise specifically provided, when used in this
				  chapter:
(a) The term "advertisement"
				when appearing alone refers to both classified notices and display
				advertisements unless otherwise restricted.
(b) The term "
Bulletin
"
				refers to the
Farmers and Consumers Market Bulletin
.
(c) The term "business" means an association,
				corporation, partnership, or other entity which engages in trade or commercial
				transactions. Under these rules, the term
business
does not
				apply to traditional farming operations.
(d) The term "category" means a division or
				class of advertisements or notices of similar import grouped together by the
				Editor for organizational purposes.
(e) The term "classified notice" means a
wanted
or
for sale
advertisement submitted to
				the
Bulletin
staff for publication by a person for his or her
				benefit.
(f) The term "display
				advertisement" means an advertisement placed alongside the
Bulletin
's editorial and classified content in exchange for
				the advertiser's contribution to the
Bulletin
. Display
				advertisements must promote goods or services benefitting or relating to the
				agricultural industry. Under these rules, the term
display
				advertisement
does not include classified notices.
(g) The term "Commissioner" refers to the
				Georgia Commissioner of Agriculture.
(h) The term "Department" refers to the
				Georgia Department of Agriculture.
(i) The term "Editor" refers to the
				individual designated by the Commissioner to administer the
Bulletin
's operation. The Editor receives, collects, edits,
				and arranges materials authorized for publication; maintains circulation lists;
				and arranges for the
Bulletin
's printing and
				circulation.
(j) The term
				"including" means
including but not limited to
, unless the
				context requires otherwise.
(k) The
				term "livestock" means animals kept in the agricultural industry for labor
				assistance or commodity production. This term includes cattle; swine; equines;
				sheep; poultry; goats; and non-traditional livestock, e.g., alpacas, antelope,
				bison, elk, llamas, and water buffalo.
(l) The term "person" carries its natural and
				usual meaning. Under these rules, the term does not include artificial beings,
				such as corporations and partnerships.
(m) The term "pets" means animals kept in a
				domestic setting for companionship or pleasure, e.g., dogs, cats, birds,
				rabbits, fish, and reptiles.
O.C.G.A.
				  §§
											2-2-7,
				  2-2-8.1.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.02 - Publication of Periodical

Current through Rules and Regulations filed through June 27, 2024
The
Farmers and Consumers Market Bulletin
is
				  a periodical published by the Georgia Department of Agriculture as a service to
				  its subscribers. Through publishing the
Bulletin
, the
				  Department seeks to inform subscribers of Department activities and industry
				  issues; the Department also seeks to provide a means of buying and selling
				  items relating to the agricultural industry.
O.C.G.A. §
											2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.03 - Editor's Authority

Current through Rules and Regulations filed through June 27, 2024
The Commissioner designates the Editor as the final authority
				  for all editorial decisions, including:
(a) The decision to promulgate advertising
				guidelines not in conflict with these rules;
(b) The decision to contract with
				agricultural businesses or organizations for the placement of display
				advertisements alongside the
Bulletin
's editorial and
				classified content in exchange for contributions to the
Bulletin
by the advertisers;
(c) The decision to allocate the maximum
				number of words allowed in the classified notices of any particular category in
				each issue, and the decision to edit any notices exceeding the maximum number
				of words allocated;
(d) The
				decision to designate certain issues for emphasis on a particular category or
				group of categories, including the decision to add or delete certain categories
				or groups of categories from certain issues;
(e) The decision to include articles or
				announcements of interest to the agricultural industry;
(f) The decision to refuse publication of
				classified notices and display advertisements that fail to conform to these
				rules or guidelines promulgated under these rules, that violate other
				Departmental rules, that violate Georgia or Federal law, or that are submitted
				by any person who has unresolved complaints or numerous complaints filed
				regarding previous notices; and
(g)
				The decision to set publication deadlines.
O.C.G.A. §
											2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.04 - Responsibility

Current through Rules and Regulations filed through June 27, 2024
In striving to assure that advertisers are honest and fulfill
				  their obligations, the Department may refuse to publish advertisements in the
Bulletin
from advertisers who do not, in the Editor's opinion,
				  use fair and ethical business practices in their transactions with the public.
				  The Department may also refuse to publish advertisements which include
				  profanity or material deemed inappropriate by the Editor.
The Commissioner, Department, and Editor will not accept
				  responsibility for any advertisements or errors appearing in the
Bulletin
; nor will they assure the quality or fitness for
				  purpose of the services or goods advertised in the
Bulletin
.
All advertisers must comply with all applicable federal,
				  state, and local laws, rules, and regulations relating to the sale or use of
				  their advertised services or goods. The advertisers are solely responsible for
				  ensuring this compliance.
O.C.G.A. §
											2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5;
				  O.C.G.A. Sec.
				  2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5;
				  O.C.G.A. Sec.
				  2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5;
				  O.C.G.A. Sec.
				  2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-1 - GENERAL › Rule 40-8-1-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5;
				  O.C.G.A. Sec.
				  2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-2 - CLASSIFIED NOTICES › Rule 40-8-2-.01 - Requirements and Restrictions for Classified Notices

Current through Rules and Regulations filed through June 27, 2024
(1)
General Scope
-
				All classified notices published in the
Bulletin
must relate
				directly to the agricultural industry or be a product of the industry. Any item
				submitted for sale through the
Bulletin
must meet at least one
				of the following criteria:
(a) The item must
				be produced or raised by the advertiser on his or her own farming
				operation;
(b) The item must be
				made by the advertiser from materials on his or her own farm; or
(c) The item must be owned and used by the
				advertiser on his or her own farming operation and must not be part of a
				commercial entity's inventory.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-2 - CLASSIFIED NOTICES › Rule 40-8-2-.02 - Publication of Classified Notices

Current through Rules and Regulations filed through June 27, 2024
Without the Editor's advance special authorization, each
				  subscriber may only run one classified notice in an issue of the
Bulletin
.
Following approval, classified notices will be published in
				  only two issues per submission; however, a person may make a written request
				  for publication of a classified notice in up to four consecutive issues. If
				  extended publication is permitted, a new classified notice must be submitted
				  after the four-issue publication period to continue publication of the
				  classified notice.
O.C.G.A. §
											2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-2 - CLASSIFIED NOTICES › Rule 40-8-2-.03

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. §
											2-2-7.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-3 - DISPLAY ADVERTISEMENTS › Rule 40-8-3-.01 - Display Advertisement Availability and Design

Current through Rules and Regulations filed through June 27, 2024
In exchange for a specified monetary contribution to the
Bulletin
, persons and artificial beings, including commercial
				  enterprises and nonprofits, may advertise alongside the
Bulletin
's editorial and classified content. These
				  advertisements must promote goods or services benefitting or relating to the
				  agricultural industry.
The full contribution according to the uniform rate schedule
				  set by the Editor must be received prior to a display advertisement's
				  publication. Space is filled on a first come, first served basis; with priority
				  given to advertisers who contribute for long-term space reservations.
The Editor will set the uniform size options correlating with
				  the various contribution levels, e.g., eight-page and quarter-page. A
				  combination of text and photos will be used to convey messages for display
				  advertisements.
O.C.G.A.
				  §§
											2-2-7,
				  2-2-8.1.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-8 - FARMERS AND CONSUMERS MARKET BULLETIN › Subject 40-8-3 - DISPLAY ADVERTISEMENTS › Rule 40-8-3-.02

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A.
				  §§
											2-2-7,
				  2-2-8.1.