Title 26 — Food, Drugs, and Cosmetics

Rules and regulations, §26-2-315. Suitable equipment for wholesale fish dealers, §26-2-316. Traveling fish dealers, §26-2-317. Transportation. Rules and regulations, §26-2-315. Traveling fish dealers. Equipment, §26-2-317. Violation of provisions. Fines, §26-2-320. 681 INDEX FISH —C…

No person shall be permitted as a traveling fish dealer to conduct a business in this state unless he is so equipped with refrigerated and insulated containers and unless his vehicle is so equipped with proper refrigeration or insulation as to provide adequate safeguards to preven…

It shall be the duty of the Commissioner of Agriculture to provide the proper and necessary inspection of all fish and seafoods sold or distributed in this state or transported into this state from other states. History. Ga. L. 1937-38, Ex. Sess., p. 332, § 10. 405 26-2-318 FOOD, …

Definitions. Prohibited acts. Injunctions for violations of Code Section 26-2-22. Penalty for violation of Code Section 26-2-22; exceptions. Licensing of food sales establishments. When food deemed adulterated. Poisonous or deleterious substances in food; exception for required su…

Any person who violates any provision of this article or any valid rule or regulation promulgated by the Commissioner of Agriculture pursuant to the terms of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment for not less than 30…

Prohibition against persons or organi- zations misleading public as to involvement with law enforcement agency, § 35-10-1 et seq. Prohibition against use of state or Confederate flag for advertising purposes, § 50-3-8.

The following information, records, and data obtained by the Department of Agriculture from the federal Food and Drug Administration pursuant to a contract or commissioning agreement shall be deemed confidential and shall not be open to inspection by the public, to the extent that…

(a) Whenever in the judgment of the Commissioner such action will promote honesty and fair dealing in the interest of the consumers, the Commissioner shall promulgate regulations fixing and establishing for any food or any class of food a reasonable definition and standard of ident…

As used in this article, the term: (1) “Bottled soft drink” means all nonalcoholic beverages, whether carbonated or not, such as soda water, carbonated water, orangeade, lemonade, fruit juice when any plain or carbonated water, flavoring, or syrup is added, or any and all preparat…

LUNCH ROOMS AND LUNCHEONETTES. Food service establishments generally, §§26-2-370 to 26-2-379. LUNG CANCER. Fire departments. Insurance coverage for members diagnosed with cancer, §25-3-23. LIMITED PARTNERSHIPS. Cigarette fire safety. False certifications, §25-14-6. LISTERIA. Raw da…

SOFT DRINK SYRUP. Defined, §26-2-350. Sanitary standards, §26-2-352. SMOKE DETECTORS. Automatic fire alarm systems using automatic smoke detectors. Installation, §25-2-40. Free smoke detectors for those in need, §25-2-40. Landmark museum buildings. Required where buildings contain …

Applicability of article, §26-2-356. Definitions, §26-2-350. Hearings. Suspension or revocation of license, §26-2-354. Inspections.

Drug abuse treatment and education programs, §§26-5-14 to 26-5-16. 688 INDEX HORMONES. Beef production, §26-2-30.1. HEIMLICH MANEUVER, §26-2-374. HELIPADS. Fireworks. Restrictions on use of consumer fireworks, §25-10-2. HERBICIDES. Meat. Contamination. Animals suspected of bearing…

Administration by Commissioner of Agriculture. Wholesale fish dealers’ licenses. Applications for wholesale fish dealers’ licenses. License revocation. Promulgation of rules and regulations regarding sanitation, distribution, and transportation of fish and seafoods. Suitable equipme…

License for manufacture and bottling; separate license for each business or bottling or manufacturing plant. Sanitary standards and specifications for the manufacture, bottling, and distribution of soft drinks or soft drink syrup. Promulgation of rules and regulations; administrat…

FATS. Mixed edible fats. Standards, §26-2-1. FAX MACHINES. Prescription drug orders. Electronic transmission, §26-4-80. FEES. Amusement rides. Permit fee. Defined, §25-15-51. Boiler and pressure vessels. Inspection fees, §§25-15-25, 25-15-27. Carnival license, §25-2-4.1. Carnival …

(a) Whenever the Commissioner finds, after investigation, that the distribution in Georgia of any class of food may, by reason of contamination with microorganisms during manufacture, processing, or packing thereof in any locality, be injurious to health and that such injurious na…

As used in this article, the term: (1) “Food nutrition information” means the content of food, including, but not limited to, the caloric, fat, carbohydrate, cholesterol, 410 26-2-370 STDS., LBLG., ADULTERATION OF FOOD 26-2-370 fiber, sugar, potassium, protein, vitamin, mineral, a…

Nonprofit schools. Exemption, §26-2-373. Textured vegetable protein. Meat products containing extenders. Displayed on menus or placards, §26-2-378. Violation of provisions.

Contamination. Animals suspected of bearing residue causing. Owners or keepers, §26-2-182. Milk and milk products. Raw dairy act. Notice to consumers of health hazards, §26-2-461. Sampling and testing of raw milk for public health purposes. Notice of bacterial counts or other det…

Fire extinguishers and suppression systems, §25-12-2. Positive response information system. Utility facility protection, §25-9-3. Poultry. Mobile sales, §26-2-410. Power boiler, §25-15-11. Practice of pharmacy, §26-4-4. Practitioner. Drug overdoses, immunity for opioid antagonist…

(a) A person who, in the ordinary course of business in a food service establishment, prepares food which is to be consumed by humans shall wear, when preparing food, appropriate hair nets or hats or restraints to prevent contamination of such food. (b) Notwithstanding the provis…

Immunity of persons rendering emergency care. Choking persons, §26-2-374. Immunity. Persons rendering emergency care. Choking persons, §26-2-374. Utility facility protection. Applicability of provisions in emergency, §25-9-12. Definition of emergency, §25-9-3. EPIDEMICS. Fire depa…

Inspections in outside counties, §26-2-379. Food sold from mobile vehicles.

Choking persons. Relief from civil liability of persons rendering emergency aid, §26-2-374. Enforcement of article, §26-2-375.

Any person who violates any provision of this article or any rule or regulation promulgated under this article by the Department of Public Health or by any county board of health shall be guilty of a misdemeanor. History. Ga. L. 1958, p. 371, § 11; Code 1933, § 88-1008, enacted b…

“Georgia lean” beef. Standards for labeling and certification, §26-2-30.1. Horses. Labeling and preparation of carcasses, etc., of equines, §26-2-111. Processing plants. Horse slaughter operations. Exceptions, §26-2-214. Sale of horse meat, §26-2-157. Violations of provisions, §26…

(a) A county board of health outside a mobile food service establishment’s county of origin shall recognize the permit from the mobile food service establishment’s county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service esta…

Mixed edible fats. Standards, §26-2-1. Federal food safety modernization act, cooperation in implementation. Definitions, §26-2-440. FOOD —Cont’d Federal food safety modernization act, cooperation in implementation —Cont’d Designation of cooperating agency, §26-2-441. Fish, §§26-2…

Amusement rides. Municipal regulation, §25-15-69. Carnival rides. Local regulation, §25-15-101. Fire departments. Authority of counties, municipalities, etc., §25-3-4. Processing plants. Meat, poultry and dairy. County and municipal ordinances, §26-2-212. ORPHAN HOMES.

As used in this article, the term: (1) “Nonprofit food sales and food service” means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organization or the temporary sale of food items by an organization if such sale …

Commonsense consumption act. Nonliability of food manufacturers, distributors, sellers, packers, etc, §§26-2-430 to 26-2-436. FOOD ACT. Georgia food act. General provisions. Adulteration and misbranding, §§26-2-20 to 26-2-41. Short title, §26-2-20. FOOD, DRUGS AND COSMETICS. Drug…

Adulteration or misbranding. Addition of poisonous or deleterious substances in food, §26-2-27. Poultry. Processing plants. Meat, poultry and dairy processing plants, §§26-2-200 to 26-2-215. Processing plants. Meat, poultry and dairy processing plants, §§26-2-200 to 26-2-215. Raw…

(a) As used in this Code section, the term “spring water” means water which is: (1) derived from an underground formation from which water flows naturally to the surface of the earth; (2) not derived from a municipal system or public water supply; and (3) collected only at the spr…

Nothing in this article shall be construed as requiring the Commissioner to report, for the institution of proceedings under this article, minor violations of this article whenever the Commissioner believes that the public interest will be adequately served in the circumstances b…

Bread and flour, §§26-2-290, 26-2-296. Milk and milk products. Raw dairy act. Enforcement duties of commissioner, §26-2-452. Injunction of continued violations, §26-2-464. Rulemaking to implement provisions, §26-2-453. Rules and regulations. Raw dairy act, §26-2-453. Department of…

As used in this article, the term: 424 26-2-410 STDS., LBLG., ADULTERATION OF FOOD 26-2-411 (1) “Meat” means the carcass or any part of any carcass of any animal or any by-product thereof in any form. (2) “Mobile vehicle” means any vehicle that is mobile and includes land vehicle…

(a) Any person who sells, displays for sale, or offers for sale at retail any fresh or frozen meat, poultry, or seafood in, on, or from a mobile vehicle shall prominently display in such mobile vehicle a current and valid license issued by the Department of Agriculture. Such lice…

Contaminated meat. Promulgation of rules and regulations, §26-2-181. 722 INDEX RULES AND REGULATIONS —Cont’d Meat —Cont’d Deceptive advertising of meat. Promulgation of rules and regulations, §26-2-151. Horse meat. Sale of horse meat. Promulgation of regulations, §26-2-159. Stora…

Advertising and sales. Violations of provisions, §26-2-154. Contamination. Animals suspected of bearing residue causing. Violations of provisions, §26-2-186. Meat inspection. Violations of provisions, §26-2-88. Milk and milk products. Violations of provisions, §26-2-250. Raw dair…

This article shall be known and may be cited as the “Common-sense Consumption Act.” History. Code 1981, § 26-2-430, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. 26-2-431. Definitions.

As used in this article, the term: (1) “Claim” means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person. (2) “Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 …

The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity…

(a) In any action exempted under paragraph (1) of Code Section 26-2-433, the complaint initiating such action shall state with particularity the following: (1) The statute, regulation, or other law of this state or of the United States that was allegedly violated; (2) The facts t…

In any action exempted under Code Section 26-2-433, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent un…

The provisions of this article shall apply to all covered claims pending on July 1, 2005, and all claims filed thereafter, regardless of when the claim arose. History. Code 1981, § 26-2-436, enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196.

As used in this article, the term: (1) “Administration” means the United States Food and Drug Administration. (2) “Department” means the Georgia Department of Agriculture. (3) “Federal act” means the Federal Food Safety Modernization Act, 21 U.S.C. Section 301, et seq. History. C…

(a) The department, acting by and through its Commissioner, is designated as the state agency responsible for cooperating with the administration under the provisions of the federal act. (b) In furtherance of its responsibilities under subsection (a) of this Code section, the dep…

As used in this article, the term: (1) “Commissioner” means the Commissioner of Agriculture of the State of Georgia. (2) “Department” means the Department of Agriculture of the State of Georgia. (3) “Grade ‘A’ raw milk for human consumption” means raw milk for human consumption p…

Raw milk for human consumption which is in compliance with this article and in compliance with the rules and regulations promulgated pursuant to this article may be sold, offered for sale, or delivered by the producer directly to the consuming public for the purpose of human cons…