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 40-7-5 - ADDITIONAL REGULATIONS APPLICABLE TO RETAIL SALE OF FRESH AND FROZEN SEAFOOD, MEAT, POULTRY AND OTHER FOODS FROM MOBILE VEHICLES › Rule 40-7-5-.02 - Retail Sale of Fresh Seafood, Meat or Poultry from Mobile Vehicles

Current through Rules and Regulations filed through June 27, 2024
(1) A license must
				be obtained for each vehicle in operation prior to putting each vehicle into
				service. The original license must be conspicuously displayed on the vehicle
				during sales. The vehicle must be made available for inspection prior to the
				licensing process and once every six months thereafter, for as long as it
				remains in service.
(2) The
				vehicle's storage and sales areas must be completely enclosed. Screens are
				acceptable only to make the vehicle enclosed at the time the vehicle is stopped
				to sell. Screens must be of a sufficient mesh size to eliminate the entry of
				flies and other insects. Air screens that are adequate and effective may be
				used in lieu of screens.
(3) The
				vehicle's floors and walls must be made of a smooth-surface material and must
				be maintained in a clean and sanitary condition.
(4) The vehicle must have adequate toilet
				facilities, unless such facilities; are readily accessible.
(5) The vehicle must have lavatory facilities
				with hot and cold running water under pressure; and cake, powder, or liquid
				soap must be made available with individual paper, individual cloth, or other
				type towels.
(6) The vehicle must
				be equipped with an approved sink having at least two compartments. This sink
				must have hot and cold running water under pressure.
(7) Water used in this operation must be
				potable and from an approved source. The vehicle must have an approved storage
				tank which is adequately sized for the vehicle's operation, unless the vehicle
				can be connected to a water supply at each point of operation.
(8) Liquid waste must drain into an approved
				holding tank for disposal later in an approved manner, unless the vehicle can
				be connected to an approved disposal system at each point of
				operation.
(9) All products stored
				or offered for sale must be held in leak-proof containers, unless a method is
				devised to drain water produced by ice melting on the product into a liquid
				waste disposal system as described above in Paragraph 8.
(10) All fresh seafood or poultry must be
				maintained at or below 41 degrees Fahrenheit by adequate ice alone or in
				combination with mechanical refrigeration. All meat must be maintained at or
				below 41 degrees Fahrenheit by mechanical refrigeration only.
(11) Oysters in the shell must be sold only
				from vehicles that have mechanical refrigeration sufficient to maintain this
				product at or below 45 degrees Fahrenheit.
(12) All food must be protected from
				contamination by dust, dirt, or other foreign or injurious contaminants and
				from cross-contamination by other types of food products.
(13). All phases of the retail transaction
				must be accomplished within the enclosed vehicle. This includes obtaining the
				particular product requested by a customer from storage within the vehicle,
				weighing the product, and packaging the product.
(14). An approved scale must be used in
				weighing products for sale, and the scale must be placed so the customer can
				easily see the weight registered.
(15) The name, address, and telephone number
				of the firm must be conspicuously displayed on the vehicle during
				sales.
(16) Advertisements must be
				completely in accordance with the labeling of the containers. The price per
				pound of each product must be included in the advertisement.
(17) The vehicle must be serviced only
				through approved storage facilities.
(18) In addition to the requirements
				established by this Rule, applicable laws and rules administered by the Georgia
				Department of Agriculture regarding foods also apply.
(19) Firms presently licensed for sale from
				vehicles must comply with these regulations within 90 days from the date of
				their adoption.
(20) When weighted,
				packaged, and labeled at a facility currently licensed and inspected by the
				Department, fresh shrimp may be sold from a land-based mobile vehicle to the
				exclusion of
				40-7-5-.02(2), (4), (5), (6), (7), (8), and
				(13).
(a)
				All prepackaged fresh shrimp must comply with Rule
				40-7-1-.13 and Subject
				40-15-3.
(b) If the Department
				determines that prepackaged fresh shrimp have not been stored, handled,
				labeled, or offered for sale in compliance with these regulations, the
				Department may deem the shrimp adulterated or misbranded and subject to embargo
				or disposal by the Department. The Department may temporarily or permanently
				issue an order to embargo, condemn, destroy, or otherwise dispose of all
				prepackaged shrimp found to be adulterated or improperly
				identified.