Title 26

The Department of Public Health, or county boards of health acting as agents of the department, shall have the power and authority to issue permits to operate food service establishments and to suspend or revoke such permits in accordance with the rules and regulations adopted an…

(a) For the purpose of protecting the public health, the Department of Public Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reason…

(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…

(a) The Department of Public Health shall print and distribute notices to every food service establishment in this state explaining the proper procedures to be taken to assist or aid persons who are choking. The notices shall contain such information as is found appropriate or ne…

(a) The Department of Public Health and the county boards of health, acting as duly authorized agents of the department, are authorized to enforce this article and rules, regulations, and standards adopted and promulgated under this article in establishments that have the majorit…

Any person aggrieved by any final order or determination of any county board of health denying, suspending, or revoking any permit authorized in this article may secure review thereof by the Department of Public Health by appeal in the manner prescribed in Article 1 of Chapter 5 o…

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…

(a) All food service establishments in this state which serve meat products that contain extenders, such as textured vegetable protein, textured soy flour, fortified textured vegetable protein, or other such products, shall display on their menus, or by placards visible to the publ…

(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…

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 …

(a) A county or municipality shall be authorized to issue permits for the operation of nonprofit food sales and food service at events sponsored by the county, municipality, or an organization. For any permit issued pursuant to this Code section to be valid, the event must be held…

(a) This Code section applies to food items prepared and offered for sale or service by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be ob…

The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article and any party whose property is used for the operation of a nonprofit food sales or food service event withou…

As used in this article, the term: (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 vehicles, air vehicles, and water vehicles. (3) “Poultry” means …

(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…

The Commissioner is authorized to promulgate and adopt such rules and regulations as are necessary to effectuate the purpose of this article. History. Code 1981, § 26-2-412, enacted by Ga. L. 1998, p. 1377, § 1.

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.

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 …

Except as provided in Code Section 26-2-433, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act, 21 U.S.C. Section 321(f), or an association of one or more such entities, shall not be sub…

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…

(a) The Commissioner is charged with the responsibility of enforcing this article. (b) It shall be the duty of the Commissioner or his or her authorized representative: (1) To inspect or cause to be inspected, as often as may be deemed practicable, all places where raw milk for h…

The Commissioner shall have the power to adopt, amend, and repeal rules and regulations to implement and enforce this article; provided, however, that all rules and regulations shall be of uniform application; and provided, further, that all rules and regulations shall be adopted…

(a) It shall be unlawful for any person that does not possess a permit from the department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption. Nothing in this article shall prohibit the storage and personal co…

(a) Raw milk for human consumption shall be examined by the department as often as necessary to determine that it is not adulterated or misbranded. The department may, upon written notice to the owner or person in charge, place a hold order on any raw milk for human consumption t…

(a) All Grade “A” raw milk for human consumption shall be bottled, packaged, and sealed at the same location where produced. (b) All bottles, containers, and packages enclosing raw milk for human consumption shall be labeled in accordance with the applicable requirements of the F…

(a) Samples of raw milk for human consumption may be taken for scientific examination for public health purposes, at any reasonable time or place, and examined bacteriologically or for any other public health reason by agents of the department. (b) Samples of raw milk for human co…

(a) All Grade “A” raw milk for human consumption shall be produced to conform with the following chemical, bacteriological, and temperature standards of this Code section: (1) Raw milk for human consumption shall be cooled to 10 degrees Celsius or less within four hours or less, …

All Grade “A” raw milk for human consumption shall be produced to conform with the following sanitation requirements of this Code section: (1) Lactating animals which show evidence of the secretion of milk with abnormalities in one or more quarters, based upon bacteriological, ch…

(a) All raw milk for human consumption within the State of Georgia shall be from healthy animals. Raw milk from unhealthy animals shall not be offered for sale, be given away, or combined with other milk. (b) All animals producing raw milk for human consumption shall be tested fo…

Each producer of raw milk for human consumption shall develop and maintain procedures for the notification of regulatory officials, consumer notification, and product recall, and shall implement any of these procedures as necessary with respect to any product for which the producer…

(a) The Commissioner shall be charged with the enforcement of this article and shall have the power and authority, in connection with this and other provisions dealing with milk, food, or food products, to revoke or cancel the permit or license of any person doing business in thi…

(a) Any person operating under this article shall furnish, upon the request of the Commissioner, such data and statistics as he or she may require. (b) All persons operating under this article shall keep complete and accurate records of their operations, and the Commissioner shal…

Any person, firm, or corporation subject to this article or the other milk laws of this state who violates any of said provisions or any valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for …

It shall be unlawful: (1) To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner; (2) To keep, store, or prepare for market any raw milk for human consumption in the same building or enclosure where any hide or fur or any cow, horse, n…

Any person who violates this article shall be guilty of a misdemeanor. History. Code 1981, § 26-2-466, enacted by Ga. L. 2022, p. 809, § 2/HB 1175. 443 26-2-466 CHAPTER 3 STANDARDS, LABELING, AND ADULTERATION OF DRUGS AND COSMETICS Sec. 26-3-1. 26-3-2. 26-3-3. 26-3-4. 26-3-5. 26-…

Advertising requirements, §26-2-152. Processing plants. Meat, poultry and dairy processing plants, §§26-2-200 to 26-2-215. Records. Meat processors and related industries. Maintenance and inspection of records, §26-2-132. Registration. Meat processors and related industries. Dead…

Slaughter of horses for human consumption or other purposes. Signage and label required for sale of horse meat. Disclosure required for sale of horse meat. Promulgation of regulations. Sale of dog meat restricted; packaging and label requirements. Penalty for violations of Code S…

Firefighters. Qualifications, §25-4-8. HIGHWAYS, ROADS AND STREETS. Blasting in proximity to, §25-8-3. Department of transportation. Utility facility protection. Cooperation between department and utilities protection center,

Fire and other hazards. Buildings presenting special hazards to persons or property, §25-2-13. OVERDOSES. Administering opioid antagonists to save life of person experiencing overdose. Immunity, §26-4-116.2. Immunity. Prescribing or administering opioid antagonists, §26-4-116.2. …