reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.31 - Conduct of the Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) Examination and cross-examination of the witness shall proceed as would be permitted at the hearing and under those rules of evidence applicable to proceedings conducted pursuant to the Georgia Administrative Procedure Act. The officer before whom the deposition is to be taken shall put the witness on oath and shall personally record the testimony of the witness. The testimony shall be taken steno graphically and shall be transcribed. All objections made at the time of examination to the qualifications of the officer taking the deposition, or to the manner of taking it, or to the evidence presented, or to the conduct of any party, and any other objections to the proceedings, shall be noted by the officer upon the deposition. Evidence objected to shall be taken subject to the objection.
(2) All errors and irregularities in the notice of taking testimony by deposition shall be deemed waived unless written objection thereto is served upon the Board prior to the deposition. Objections to taking testimony by depositions because of disqualification of the officer before whom it is to be taken shall be deemed waived unless made before the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence.
(3) Objections to the competency of a witness are not waived by failure to make them before or during the deposition, unless the ground of the objection is one which might have been obviated or removed if presented at that time. Errors and irregularities occurring at the taking of the testimony in the manner of taking the deposition, in the form that the questions are answered, in the oath of affirmation, or in the conduct of the parties, and errors of any kind which might be obviated, removed or cured if properly presented, shall be deemed waived unless reasonable objection thereto is made at the deposition.
(4) Errors and irregularities in the manner in which the testimony is transcribed or the deposition is prepared, certified, sealed, endorsed, transmitted, filed, or otherwise dealt with by the officer taking the testimony are waived unless a motion to suppress the deposition or some part thereof is made with reasonable promptness after such defect is, or with due diligence might have been, ascertained.
(5) The deposition shall be sealed and filed with the Board.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.32 - Taking of Testimony by Interrogatory

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by interrogatory shall be made and allowed in the same manner as prescribed in Rule  20-14-.30.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.33 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
The Board shall notify all parties of the date, time and place of the hearing.
Authority; O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.34 - Conduct of the Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Presiding Officer. The hearing shall be conducted by the presiding officer, who shall be a duly appointed hearing officer, the chairperson of the Board, or a member of the Board appointed by the Board or the chairperson of the Board to conduct the hearing.
(2) Duties of the Presiding Officer. The presiding officer shall have the authority to do the following: to administer oaths and affirmations; rule upon offers of proofs; regulate the course of the hearing; set the time and place for continued hearings; fix the time for filing briefs and memoranda; dispose of motions; and reprimand or exclude from the hearing any individual for any indecorous or improper conduct committed in the presence of the presiding officer.
(3) Sworn Testimony. All testimony given at the hearing shall be under oath administered by the presiding officer or any individual designated by him or her.
(4) Order of Presentation. The State, or in a proper case a moving or complaining party, shall present its evidence or testimony first. Where there is more than one moving or complaining party, the order of presentation shall be at the discretion of the presiding officer. After all of the evidence and testimony of the State, or the moving or complaining party, has been received, all other parties shall be allowed to present their evidence or testimony. All parties, other than the party introducing the testimony, shall be allowed to cross-examine any witness immediately after his or her testimony has been received. The State, or the moving or complaining party, shall be allowed to present rebuttal testimony or evidence if it so desires.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.35 - Hearing Officers

Current through Rules and Regulations filed through June 27, 2024
The Board or the Chairperson of the Board may appoint a hearing officer to act as the presiding officer in the proceeding.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.36 - Consolidation

Current through Rules and Regulations filed through June 27, 2024
The presiding officer upon his or her own motion, or upon motion by a party or other individual joined in the proceeding, may order proceedings involving a common question of law or fact to be consolidated for hearing on any or all of the matters at issue in such proceedings.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.37 - Briefs

Current through Rules and Regulations filed through June 27, 2024
Briefs may be filed by a party or any interested individual either before or during the course of the hearing, or within such time thereafter as the presiding officer shall designate. Failure to file a brief shall in no way prejudice the rights of any party.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.38 - Filing of Documents Subsequent to Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) Upon request, the presiding officer may, for good cause shown, allow the parties to file evidentiary documents of any kind, or exhibits, at a time subsequent to the completion of the hearing, such time to be determined by the presiding officer. If a request for such subsequent filing is granted, the requesting party shall, on or before the date set for filing, send copies of all documents or exhibits which are the subject of the request to all other parties.
(2) Prior to the admission into evidence of any documents or exhibits filed subsequent to the hearing, the opposing party shall have ten (10) days from the date of service of copies of such proposed documents or exhibits to file any objections to the admission of such evidence.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.39 - Motion to Reopen Hearing

Current through Rules and Regulations filed through June 27, 2024
A party may, at any time prior to the rendering of a final decision by the Board, move that the hearing be reopened for the purpose of receiving new evidence. Such motions shall be filed in accordance with the provisions of Rule  20-14-.15  and shall be granted only for good cause shown. The Board shall notify all parties of its action upon the motion. Notwithstanding the above, the Board may at any time prior to the rendering of a decision, reopen the hearing on its own motion.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.41 - Rehearing

Current through Rules and Regulations filed through June 27, 2024
Any party may file a motion for rehearing of a final decision of the Board within ten (10) days after the date of actual service of such final decision on the Respondent or Respondent's counsel. Such motion shall be in accordance with Rule  20-14-.15  and, in addition, shall include a statement of all matters alleged to have been erroneously decided and, if applicable, a statement as to any newly discovered matters or circumstances that have arisen subsequent to the final decision. The filing of said motion shall not operate as a stay of the final decision of the Board unless so ordered by the Board.
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-14 - PROCEDURAL RULES › Rule 20-14-.42 - Appeals

Current through Rules and Regulations filed through June 27, 2024
All appeals shall be filed in accordance with the Georgia Administrative Procedure Act and O.C.G.A. 43-1-19(f) or O.C.G.A. 43-1-20.1(c).
O.C.G.A. Secs. 43-3-8, 43-3-20, 43-3-21, 43-3-22, 43-3-23, 43-3-24, 43-3-28.
Compilation of Rules and Regulations of the State of Georgia › Department 20 - RULES OF STATE BOARD OF ACCOUNTANCY › Chapter 20-15 - ATTEST AND COMPILATION STANDARDS › Rule 20-15-.01 - Applicable Professional Standards

Current through Rules and Regulations filed through June 27, 2024
(1) An individual in the performance of attest services shall conform to the professional standards applicable to such services. For purposes of this section, such professional standards are considered to be:
(a) Standards issued by the American Institute of Certified Public Accountants (AICPA), including but not limited to:
1. Statements on Auditing Standards (SAS), including subsequent amendments and editions;
2. Statements on Standards for Accounting and Review Services (SSARS), including subsequent amendments and editions;
3. Statements on Standards for Attestation Engagements (SSAE), including subsequent amendments and editions;
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words and terms as used in these rules shall
				  have the meaning hereinafter ascribed to them:
(a) "Department" means the Department of
				Agriculture of the State of Georgia.
(b) "Commissioner" means the Commissioner of
				Agriculture of the State of Georgia.
(c) "Hearing Officer" means the Commissioner
				or any other person designated by him as Hearing Officer. Any Hearing Officer,
				other than the Commissioner, shall be a person with previous legal
				experience.
Ga. L. of 1874, p. 5:
				  1893, p. 136; 1960, p. 245, 246; 1964, p. 338, as amended by Ga. L. of 1965, p.
				  283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.02 - Licensing

Current through Rules and Regulations filed through June 27, 2024
(1) No application
				to the Department of Agriculture for a license or permit shall be granted if
				the person, firm or corporation applying is indebted to the Department of
				Agriculture for any license, permit, penalty, or services previously rendered.
				Failure to promptly pay any sum owing the Department or the violation of any
				law of the State of Georgia or any rule or regulation having the effect of law
				shall constitute good cause for suspension, denial or revocation of any license
				or permit.
(2) Any non-resident
				person, firm or corporation applying to the Department of Agriculture for a
				license or permit shall by such application admit to the conduct of business
				within the state, shall consent to the jurisdiction of the courts of the State
				of Georgia and the Department of Agriculture and as a condition to the granting
				of such license or permit shall name and appoint an agent for acceptance of
				service of all legal processes authorized by the laws and regulations of the
				State of Georgia. Failure to so appoint an agent for acceptance of service
				shall authorize the Secretary of State to accept service for such
				person.
(3) In any proceeding
				relating to actions revoking, suspending or denying a license to any party or
				person, such action cannot be taken without giving the affected party prior
				written notice of the intended action and affording him an opportunity for
				hearing.
Ga. L. of 1874, p. 5;
				  1893, p. 136; 1960, p. 245, 246; 1964, p. 338, as amended by Ga. L. of 1965, p.
				  283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.03 - Conduct of Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The order of proof in the conduct of a
				hearing should be somewhat flexible. Generally the following procedure will be
				adhered to:
(a) The representative of the
				Department or division which asserts the claim or makes the charge should
				examine its witnesses first.
(b)
				The opposing party and his witnesses should then be heard.
(c) The giving of testimony by each
				respective party and his witnesses is subject to appropriate cross
				examination.
(d) The Hearing
				Officer may call or recall a witness as the exigencies of a case
				dictate.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.04 - Declaratory Ruling by Agency

Current through Rules and Regulations filed through June 27, 2024
Any person shall have the right to file a petition with the
				  agency requesting a declaratory ruling by the Commissioner as to the
				  applicability of any statutory provision or of any rule or order of the agency.
				  The Commissioner shall make a ruling with respect to the applicability of such
				  provision, rule or order within twenty days of the filing of said petition and
				  give notice of his ruling to the petitioner. The Commissioner may, in his
				  discretion, or upon written request by the petitioner refer the matter to a
				  hearing officer for the conduct of a hearing which shall be held in accordance
				  with the law and rules governing contested hearings, in which case the
				  petitioner shall be given twenty days notice of the time and place of such
				  hearing. The petitioner shall have the same rights with respect to such hearing
				  and appeal therefrom as would be available in any contested
				  case.
Ga. L. 1964, p. 388, as
				  amended by Ga. L. of 1965, p. 283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.05 - Procedure for Adoption of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) When in the judgment of the Commissioner,
				it is deemed necessary to adopt rules to secure satisfactory compliance with or
				to implement the provisions of Georgia laws, the Commissioner shall prepare or
				cause to be prepared a draft of such rules and such draft shall:
(a) Contain only rules that reasonably adapt
				to the purposes intended and are within the purview of the powers conferred and
				duties imposed upon the Commissioner and the Department by Georgia
				law.
(b) Provide such definitions
				as are necessary to assure reasonable uniformity in interpretation and
				enforcement of the rules.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.06 - Signing and Filing of Adopted Rules or Regulations or Repeals

Current through Rules and Regulations filed through June 27, 2024
Upon the adoption of a rule or regulation or repeal of
				  existing rule or regulation, the Commissioner shall sign the same and file an
				  original and two copies with the Secretary of State.
Ga. L. of 1874, p. 5;
				  1893, p. 136; 1960, p. 245, 246; 1964, p. 338, as amended by Ga. L. of 1965, p.
				  283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.07 - Emergency Rules

Current through Rules and Regulations filed through June 27, 2024
If the Commissioner finds that an imminent peril to the
				  public health, safety or welfare (including but not limited to summary
				  processes such as quarantines, contrabands, seizures and the like authorized by
				  law without notice), requires adoption of a rule upon fewer than thirty (30)
				  days' notice and states in writing his reason for this finding, he may proceed
				  without prior notice or hearing or upon an abbreviated notice and hearing that
				  he finds practicable, to adopt and emergency rule. The rule may be effective
				  for a period of not to exceed 120 days and will be set out in said rule, but
				  the adoption of an identical rule under Rule
				  40-1-2-.05 through
				  40-1-2-.06 hereof is not
				  precluded.
Ga. L. of 1874, p. 5;
				  1893. p. 136; 1960, p. 245, 246; 1964, p. 338, as amended by Ga. L. of 1965, p.
				  283; 1979, p. 1014, 1015.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.08 - Forms and General Instructions

Current through Rules and Regulations filed through June 27, 2024
Copies of all forms and general instructions, other than
				  regulations, now in general use by the Department, are available at the
				  Department and copies may be obtained upon request.
Ga. L. of 1874, p. 5;
				  1893, p. 136; 1960, p. 245, 246; 1964, p. 338, as amended by Ga. L. of 1965, p.
				  283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5; Ga.
				  L. 1893, p. 136; Ga. L. 1960, pp. 245, 246; Ga. L. 1964, p. 338, as amended by
				  Ga. L. 1965, p. 283.
Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-1 - ADMINISTRATION › Subject 40-1-2 - ADMINISTRATIVE RULES OF PRACTICE AND PROCEDURE › Rule 40-1-2-.10 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1874, p. 5; Ga.
				  L. 1893, p. 136; Ga. L. 1960, pp. 245, 246; Ga. L. 1964, p. 338, as amended by
				  Ga. L. 1965, p. 283.
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 40-2-1 - DEFINITIONS › Rule 40-2-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following definitions shall apply in the interpretation
				  and enforcement of the Georgia Dairy Act of 1980.
(a)
"Raw Milk and Raw Milk Products for
				Human Consumption."
It shall be unlawful to sell, offer for sale, or
				otherwise dispense raw or unpasteurized milk, cream, or other milk products
				except raw milk cheese properly processed and aged according to Federal
				requirements.
(b)
"Raw whole
				milk for manufacturing purposes"
is hereby defined to mean that fluid
				whole milk in its natural state from healthy cows or other lactating non-human
				species, but which has not been produced and handled in compliance with the
				requirements for Grade A raw milk.
(c)
"Manufactured milk products"
is hereby defined to mean those milk products, including condensed,
				evaporated, concentrated, sterilized, or powdered milk made from raw whole milk
				for manufacturing purposes which have been processed in such a safe and
				suitable manner and under such conditions so as to make them free of possible
				adulterants found exceeding safe or tolerance levels set by FDA in such raw
				milk from which such products were manufactured under such rules and
				regulations which are substantially equivalent to the Grade A PMO physical and
				structural requirements. Manufactured milk products may be made from Grade A
				raw milk. Manufactured Milk Product Standards. Raw milk for manufacturing used
				in Georgia must meet the following standards:
1. Solids not fat - 8.25% minimum;
2. Added water - freezing point not below
				-.525 (3.7%);
3. Antibiotics -
				Shall not exceed acceptable levels using the approved methods recognized by the
				Food and Drug Administration;
4.
				Producer milk Standard Plate Count - not to exceed 500,000 per ml.;
5. Somatic Cell count - not to exceed
				1,000,000 per ml. or most current level adopted by the United States Department
				of Agriculture;
6. Commingled milk
				- Standard Plate Count not to exceed 1,000,000 per ml.
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 40-2-1 - DEFINITIONS › Rule 40-2-1-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1980, pp. 921,
et seq.
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-.01 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1980, p. 981,
et seq.
; O.C.G.A. Sec.
				  2-9-1
et
				  seq.
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-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, p.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.01 - Labeling, General

Current through Rules and Regulations filed through June 27, 2024
(1) All bottles, cans, packages, and other
				containers enclosing milk, any milk product or frozen desserts defined in these
				rules and regulations shall be plainly labeled and marked with:
(a) the name of the product; and,
(b) the grade of the product, if a grade is
				prescribed for such product under these definitions, standards, rules and
				regulations.
(c) All containers of
				milk, milk products, frozen desserts and imitation dairy products shall be
				clearly marked with the name and address of the processor and/or the plant
				identification number assigned to the processor by the regulatory agency when
				offered for sale. This does not include containers for products, which have
				been cut, dipped, or otherwise dispensed.
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 40-2-3 - LABELING › Rule 40-2-3-.02 - Approval of Labels

Current through Rules and Regulations filed through June 27, 2024
(1) Manufacturer-Processor Identity Labeling:
				Identity is defined as the name, address, including zip code of the plant at
				which the pasteurization, ultra pasteurization or aseptic processing takes
				place. The Voluntary National Uniform Coding System for Identification of
				Pasteurization Plants at which milk and milk products are packaged is hereby
				adopted by reference, in order to provide a uniform system of codes throughout
				the country. However, before a code may be used to indicate address of the
				plant at which pasteurization takes place, the code shall be registered with
				the regulatory agency. Name and address and/or plant codes must be placed on
				the final delivery container.
(2)
				In cases where several pasteurization, ultra pasteurization or aseptic
				processing plants are operated by one firm, the common firm name may be
				utilized on product containers; provided, that the location of the plant at
				which the contents were pasteurized is also shown, either directly or by a
				code. The street address of the pasteurizing plant need not be shown when only
				one approved plant of a given name is located within the
				municipality.
(3) Misleading
				labels: The regulatory agency shall not permit the use of any misleading marks,
				words or endorsements upon the label. The agency may permit the use of
				registered trade designs or similar terms on the bottle cap or label when, in
				the agency's opinion, they are not misleading and are clearly and conspicuously
				shown.
Ga. L. 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.
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 40-2-3 - LABELING › Rule 40-2-3-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1980, pp. 981,
et seq.
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 40-2-3 - LABELING › Rule 40-2-3-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.06 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.07 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.08 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-3 - LABELING › Rule 40-2-3-.09 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, pp.
				  501.
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 40-2-4 - SANITATION › Rule 40-2-4-.01 - Additional Requirements of the 1978 Pasteurized Milk Ordinance for Farms

Current through Rules and Regulations filed through June 27, 2024
All farm tanks shall be calibrated by the manufacturer before
				  leaving the factory. The Georgia Department of Agriculture, Weights and
				  Measures Division, will check tank after installation for
				  accuracy.
O.C.G.A.
				  26-2-230.
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 40-2-4 - SANITATION › Rule 40-2-4-.02 - Mechanical Cleaning of Pumps, Hoses, and Tanks on Farms

Current through Rules and Regulations filed through June 27, 2024
The product contact surfaces of all pumps and hoses used on a
				  farm shall be mechanically cleaned and sanitized in a Clean-in-Place circuit
				  approved by this department. Bulk milk tanks shall be cleaned and sanitized
				  when emptied and shall be emptied at least every 72 hours.
O.C.G.A. Sec.
				  26-2-233.
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 40-2-5 - APPENDIXES TO THE GRADE A PASTEURIZED MILK ORDINANCE - ADDITIONAL REQUIREMENTS › Rule 40-2-5-.01 - Appendix B Milk Production, Hauling Industry Inspection

Current through Rules and Regulations filed through June 27, 2024
In addition to requirements of Appendix B of the Grade A
				  Pasteurized Milk Ordinance, the following shall apply to bulk milk
				  hauler/samplers:
(a) Milk stored in
				cans or other containers outside the bulk tank shall not be sampled or picked
				up except that such milk may be permitted to go to cheese with express
				permission of the Commissioner of Agriculture.
(b) There shall be enough milk in the bulk
				tank after the first milking to agitate completely all milk in the bulk tank or
				no milk shall be picked up as Grade A.
(c) When there is a partial pickup, the
				remaining milk in the bulk farm tank shall be picked up before the next
				milking. In this instance, the hauler shall notify the dairyman and his
				superior.
(d) Tagging washed milk
				tankers:
1. The plant or station at which the
				tanker is washed shall supply the driver of the milk tanker with a wash tag and
				affix such tag to the tanker.
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 40-2-5 - APPENDIXES TO THE GRADE A PASTEURIZED MILK ORDINANCE - ADDITIONAL REQUIREMENTS › Rule 40-2-5-.02 - Appendix G

Current through Rules and Regulations filed through June 27, 2024
Chemical and Bacteriological tests. In addition to Appendix G
				  of the Grade A Pasteurized Milk Ordinance, the following shall apply in the
				  State of Georgia:
(a) Sampling and
				Testing Milk and Cream. All persons, firms, or corporations purchasing milk or
				dairy products on a basis which includes the use of milkfat tests as the
				determining factor of the price shall use one of the following methods:
1. A representative sample of each producer's
				milk shall be taken at least every other day and tested for milkfat daily.
				Minimum amount of samples shall be 3 fluid ounces.
2. The average of these tests shall be used
				as the percentage of milkfat in the milk delivered for each pay period. Minimum
				amount of samples shall be 3 fluid ounces.
3. A representative sample of each producer's
				milk shall be taken and held as a composite sample (with addition of approved
				preservatives) and this composite sample tested for milkfat not less than four
				or more than eight day intervals. The average of these composite tests shall be
				used as the percentage of milkfat for the milk delivered in each pay period.
				Minimum amount of samples shall be 3 fluid ounces.
4. A representative milkfat sample is a
				portion of milk taken from one or more complete days production from a given
				dairy after all the milk has been thoroughly mixed. Samples that are to be
				tested to determine the price paid for milk shall be in the care of a person
				licensed and bonded by the Commissioner of Agriculture and/or under lock and
				key, properly refrigerated. Composite samples of milkfat shall be tested within
				48 hours after sampling has been completed. Composite samples shall be held by
				the plants for 48 hours after reporting milkfat test to producer.
5. As the Federal Milk Market order system is
				used in Georgia, the Market Administrator's office shall have the
				responsibility of determining correct milkfat on milk and the prices paid to
				producers. The guidelines set by Federal Law under the Milk Market
				Administrator's office shall be used in lieu of sections a, 1-4.
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 40-2-6 - DRY MILK › Rule 40-2-6-.01 - Standards for Dry Milk Products

Current through Rules and Regulations filed through June 27, 2024
United States standards for grades of nonfat Dry milk (both
				  roller and spray process) are hereby adopted by reference from the Code of
				  Federal Regulations Part 7 Chapter 1 or its most current edition, sections
				  58.2525-58.2676.
Ga. L. 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.
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 40-2-6 - DRY MILK › Rule 40-2-6-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1961, p.
				  501.
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 40-2-7 - ICE CREAM - STANDARDS AND REQUIREMENTS › Rule 40-2-7-.01 - Standards and Requirements

Current through Rules and Regulations filed through June 27, 2024
The standards and requirements for frozen desserts as adopted
				  by the Food and Drug Administration and contained in 21 Code of Federal
				  Regulations part 135, except as otherwise provided herein, are expressly
				  adopted by the Georgia Dairy Act of 1980, as the standards and requirements of
				  the State of Georgia. Additionally, all physical construction and equipment
				  requirements for Grade A plants set forth in the Pasteurized Milk Ordinance
				  shall be enforced for frozen desserts and related products with the exceptions
				  and additions appearing in Chapters 40-2-8 through 40-2-13.
Ga. L., 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.
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 40-2-7 - ICE CREAM - STANDARDS AND REQUIREMENTS › Rule 40-2-7-.02 - Nonstandardized Frozen Desserts and Mixes

Current through Rules and Regulations filed through June 27, 2024
Non-standardized frozen desserts and nonstandardized frozen
				  dessert mixes are products that are not subject to the provisions of the
				  Standards of Identity found at 21 CFR, Part 135 . Nonstandardized frozen
				  desserts and mixes shall comply with all applicable rules and regulations
				  administered by the Georgia Department of Agriculture, Dairy
				  Division.
Ga. L. 1961, p. 501;
				  O.C.G.A. Sec.
				  26-2-230.
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 40-2-7 - ICE CREAM - STANDARDS AND REQUIREMENTS › Rule 40-2-7-.03 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L., 1961, p.
				  501.
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 40-2-7 - ICE CREAM - STANDARDS AND REQUIREMENTS › Rule 40-2-7-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L., 1961, p.
				  501.
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 40-2-8 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT › Rule 40-2-8-.01 - Permits - Licenses

Current through Rules and Regulations filed through June 27, 2024
(1) It shall be unlawful for any person who
				does not possess a valid permit-license from the Georgia Department of
				Agriculture to: bring into, send into, or receive, offer for sale frozen
				dessert or frozen dessert mix in the State of Georgia. Grocery stores,
				restaurants, and other similar retail establishments which sell but do not
				manufacture any products in these regulations are exempt. Only persons
				complying with requirements of these regulations shall receive a permit -
				license. Any person engaged in the combination of collecting, processing,
				pasteurizing, aseptic processing, packaging, bottling, wrapping, freezing or
				labeling of any milk, milk product or frozen dessert is considered to be a
				manufacturer and required to receive a manufacturer's permit - license from the
				Georgia Department of Agriculture.
(2) The state regulatory agency may
				immediately and temporarily suspend such permits - licenses whenever there is
				reason to believe a health hazard exists or is imminent, or in the case of
				willful refusal to permit authorized inspection. A hearing shall be provided
				within seventy-two (72) hours of suspension. In all other instances, the
				regulatory agency shall serve upon the holder of such permit - license a
				written notice to suspend permit - license which specifies the violations and
				shall afford the holder of permit - license reasonable opportunity to correct
				such violations. The permit - license holder may request and have a hearing
				before permit - license is suspended. Suspension of any permit - license or
				product will remain in effect until said violations are corrected to the
				satisfaction of the regulatory agency. These regulations do not preclude the
				institution of court action.
(3)
				Exemptions.
(a) Grocery stores, restaurants,
				and other similar retail establishments which sell but do not manufacture any
				products in these regulations are exempt.
(b) Retail establishments which freeze but do
				not manufacture frozen desserts need not obtain a Dairy Manufacturer's License
				as long as the products being sold are to be consumed on the premises thereof
				and mixes used are received from a licensed dairy processor.
(c) Retail establishments which freeze and
				package approved frozen dessert mixes shall not be required to obtain a Dairy
				Manufacturing Plant License when properly licensed by the State Department of
				Human Resources to conduct these activities.
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 40-2-8 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT › Rule 40-2-8-.02 - Labeling

Current through Rules and Regulations filed through June 27, 2024
(1) Labeling
				requirements shall be those defined in the Code of Federal Regulations
				published by the Food and Drug Administration and the National Labeling
				Education Act.
O.C.G.A. Sec.
				  26-2-230.
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 40-2-8 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT › Rule 40-2-8-.03 - Inspection and Enforcement

Current through Rules and Regulations filed through June 27, 2024
(1) Products from each out of state plant
				holding a permit-license in the state of Georgia shall be sampled at least once
				each 3 months at the discretion of the Georgia Department of
				Agriculture.
(2) Any plant
				violating the same requirement on two successive inspections shall be sent
				written notice of intent to suspend permit - license and shall be given
				reasonable time to correct such violations. Permit suspension and/or court
				action shall be instituted but not before the opportunity for a hearing at the
				request of permit holder is afforded the license holder. Response must be made
				within 48 hours by permit license holder.
(3) Any plant producing ice cream or related
				frozen desserts and violating two of the last four consecutive bacteria counts,
				coliform determinations or cooling temperatures taken on separate days, shall
				be sent written notice thereof. This notice shall remain in effect as long as
				two of the last four consecutive samples exceed the limit of the standard. An
				additional sample will be taken within 21 days of the notice but not before 3
				days. Immediate suspension and/or court action will be instituted when 3 of the
				last 5 consecutive samples exceed the limit of the standard.
(4) Any product showing a positive
				phosphatase test shall not be offered for sale.
(5) Any frozen dessert exceeding 50,000
				bacteria per gram (except cultured products) by the Standard Plate Count Method
				or 10 coliform per gram or 20 coliform per gram in product containing bulky
				flavors shall be in violation.
(6)
				Ice Cream and other frozen desserts stored, preparatory to delivery to the
				retail trade, shall be kept in freezers having a temperature of not over
				10° F.
(7) Ice Cream and other
				frozen desserts shall be kept frozen until dispensed, and the refreezing of
				such products is hereby forbidden.
Ga. L., 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.
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 40-2-8 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT › Rule 40-2-8-.04 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1951, p. 444;
				  Ga. L. 1961, p. 501.
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 40-2-8 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT › Rule 40-2-8-.05 - Repealed

Current through Rules and Regulations filed through June 27, 2024
Ga. L. 1951, p. 444;
				  Ga. L. 1961, p. 501.
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 40-2-9 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - SANITATION STANDARDS › Rule 40-2-9-.01 - Hardening Room

Current through Rules and Regulations filed through June 27, 2024
The hardening room:
(a) shall be kept properly cleaned and
				defrosted;
(b) shall have stock
				arranged in an orderly manner so that it moves in proper rotation;
				and,
(c) shall not be used for
				storage of extraneous materials or any other food which may contaminate any
				frozen dessert on such premises.
Ga. L., 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.
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 40-2-9 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - SANITATION STANDARDS › Rule 40-2-9-.02 - Equipment and Other Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) Construction. All equipment, pipelines,
				and fittings shall be free from rough surfaces, broken seams, dead ends and
				pockets, excessive dents and untinned surfaces; and shall be so constructed and
				located as to permit the convenient disassembling for cleaning and
				sanitizing.
(2) Cleaning and
				Sanitizing: Live steam, boiling water, chlorine sanitizing solutions, or other
				approved sanitizers of a strength no less than 200 parts per million of
				chlorine or equivalent shall be used for sanitizing equipment.
(3) Steam and Hot Water: All plants in which
				frozen desserts or frozen dessert mixes are made shall be equipped with
				facilities for supplying a sufficient quantity of hot water for cleaning and
				sanitizing purposes. Steam and water supplies shall meet all the requirements
				for such as set forth in the Grade A Pasteurized Milk Ordinance.
(4) Frequency of Cleaning and Sanitizing: All
				equipment and utensils used in making or direct handling of frozen desserts
				shall be sanitized immediately before and promptly cleaned after each usage
				except in processes such as heat treatment dispensing freezers or other similar
				methods acceptable to the Commissioner of Agriculture that maintain
				microbiological quality.
(5)
				Pipelines shall be disconnected and valves taken apart after each use and
				thoroughly cleaned and sanitized, unless they meet requirements as set forth by
				the Commissioner of Agriculture for Cleaned- in-Place (CIP) Systems.
(6) The use of any utensil, piping,
				apparatus, or equipment in the preparation, service and sale of frozen
				desserts, which is badly worn, rusted, corroded, or in such condition that it
				cannot be rendered clean and sanitary by washing, is prohibited. Such utensils,
				apparatus or equipment shall be condemned by the Commissioner of Agriculture
				and when so condemned, shall not thereafter be used for any purpose in the
				handling or processing of any frozen dessert.
O.C.G.A. Sec
				  26-2-230.
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 40-2-9 - ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - SANITATION STANDARDS › Rule 40-2-9-.03 - Packaging

Current through Rules and Regulations filed through June 27, 2024
(1) Filling
				containers and Packages: Ice cream and other frozen desserts shall be kept
				frozen until dispensed, and the refreezing of such products is hereby
				prohibited.
(2) Removal from Molds:
				the removal of frozen desserts from slab tins or other molds shall be done in a
				sanitary manner.
Ga. L., 1980, pp. 981,
et seq.
; O.C.G.A. Sec.
				  26-2-230.