Title 26 — Food, Drugs, and Cosmetics
0 chapters · 324 sections in this title.
O.C.G.A. § 26-2-451 Raw milk for human consumption
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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…
O.C.G.A. § 26-2-452 Definitions
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Permits for nonprofit food sales and food service at events; duration of permit; issuance of subsequent permits. Food safety standards for food sales and food service at events by nonprofit organizations. Enforcement of article. Short title. Definitions. Exemption from liability of …
O.C.G.A. § 26-2-453 Rules and regulations
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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…
O.C.G.A. § 26-2-454 Permit required
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(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…
O.C.G.A. § 26-2-455 MISDEMEANORS
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Amusement ride safety act. Violations of chapter, §25-15-66. Carnival ride safety. Violations of chapter, §25-15-96. Consumer fireworks. Operating under the influence of alcohol or drugs, §25-10-2.1. Drug abuse treatment and education programs. Patient brokering, §26-5-80. Violatio…
O.C.G.A. § 26-2-456 Bottling, packaging, and sealing raw milk; labeling
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(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…
O.C.G.A. § 26-2-457 Sampling and collection; testing and analysis
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(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…
O.C.G.A. § 26-2-458 Chemical, bacteriological, and temperature standards
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(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, …
O.C.G.A. § 26-2-459 Sanitation requirements
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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…
O.C.G.A. § 26-2-460 Health status of animals; testing and records
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(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…
O.C.G.A. § 26-2-461 Reporting of safety concerns; product recall or notifications to consumers
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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…
O.C.G.A. § 26-2-462 Revocation or cancellation of permit or license
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(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…
O.C.G.A. § 26-2-464 Enjoining continuing violations
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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 …
O.C.G.A. § 26-2-465 Unlawful activities
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It shall be unlawful: (1) To handle raw milk for human consumption in unclean or unsanitary places or in an unsanitary manner; 441 26-2-465 FOOD, DRUGS, AND COSMETICS 26-2-466 (2) To keep, store, or prepare for market any raw milk for human consumption in the same building or enc…
O.C.G.A. § 26-2-466 Penalty
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Any person who violates this article shall be guilty of a misdemeanor. 442 26-2-466 STDS., LBLG., ADULTERATION OF FOOD History. Code 1981, § 26-2-466, enacted by Ga. L. 2022, p. 809, § 2/HB 1175. 443 26-2-466 T.26, C.3 FOOD, DRUGS, AND COSMETICS T.26, C.3 CHAPTER 3 STANDARDS, LAB…
O.C.G.A. § 26-2-60 Short title
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This article may be cited as the “Georgia Meat Inspection Act.” History. Ga. L. 1969, p. 1028, § 33.
O.C.G.A. § 26-2-61 Legislative intent
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Meat and meat food products are an important source of the nation’s total supply of food. It is essential to the public interest that the health and welfare of consumers be protected by assuring that meat and meat food products distributed to them are wholesome, not adulterated, …
O.C.G.A. § 26-2-62 Definitions
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As used in this article, the term: (1) “Adulterated” shall apply to any carcass, part thereof, meat, or meat food product under one or more of the following circumstances: (A) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; …
O.C.G.A. § 26-2-63 Federal and state cooperation
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(a) The Georgia Department of Agriculture, acting by and through the Commissioner, is designated as the state agency which shall be responsible for cooperating with the secretary of agriculture of the United States under the provisions of the Federal Meat Inspection Act and other…
O.C.G.A. § 26-2-64 Concurrent enforcement jurisdiction
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Consistent with the Federal Meat Inspection Act, 21 U.S.C. Section 601, et seq., the Commissioner may exercise concurrent jurisdiction with the secretary of agriculture of the United States and may enforce this article and any regulations promulgated pursuant thereto without rega…
O.C.G.A. § 26-2-80 Promulgation of regulations
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The Commissioner is authorized to promulgate, from time to time, such regulations as are necessary to effectuate the purpose of this article. History. Ga. L. 1969, p. 1028, § 31.
O.C.G.A. § 26-2-81 Powers of Commissioner; reports
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(a) The Commissioner shall also have power: (1) To gather and compile information concerning and to investigate from time to time the organization, business, conduct, practices, and management of any person, firm, or corporation subject to this article and the relation thereof to …
O.C.G.A. § 26-2-82 Administrative penalties; judicial review
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The Commissioner, in order to enforce this article or any orders, rules, and regulations promulgated pursuant thereto, may issue an administrative order imposing a penalty not to exceed $1,000.00 for each violation whenever the Commissioner, after a hearing, determines that any p…
O.C.G.A. § 26-2-83 Authority to refuse or withdraw meat inspection service
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(a) The Commissioner is authorized to refuse to provide or to withdraw inspection service under Part 3 of this article and to revoke or suspend any license issued by the Department of Agriculture to any person, firm, or corporation subject to this article who shall violate any of …
O.C.G.A. § 26-2-86 Injunctions
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In addition to other remedies provided for in this article, the Commissioner is authorized to apply to the superior court of the appropriate county for an injunction. Such court shall have jurisdiction, 326 26-2-86 STDS., LBLG., ADULTERATION OF FOOD 26-2-88 upon hearing and for c…
O.C.G.A. § 26-2-87 Written notice or warning sufficient for minor violations
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Nothing in this article shall be construed as requiring the Commissioner to report, for prosecution or for the institution of an action or injunction proceedings, minor violations of this article, whenever he believes that the public interest will be adequately served by a suitab…
O.C.G.A. § 26-2-88 Promulgation of regulations
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Powers of Commissioner; reports. Administrative penalties; judicial review. Authority to refuse or withdraw meat inspection service. Detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded; removal of official marks. Seizure and condemnat…
O.C.G.A. § 26-3-1 Short title
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This chapter may be cited as the “Georgia Drug and Cosmetic Act.” History. Ga. L. 1961, p. 529, § 1; Code 1933, § 79A-1001, enacted by Ga. L. 1967, p. 296, § 1.
O.C.G.A. § 26-3-10 Selling, delivering, or giving away of new drugs; exemptions
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(a) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug unless: (1) An application with respect thereto has become effective under Section 505 of the federal act; or (2) When not subject to the federal act unless such drug has been tested and h…
O.C.G.A. § 26-3-11 When a cosmetic deemed adulterated
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(a) A cosmetic shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are custo…
O.C.G.A. § 26-3-12 When a cosmetic deemed misbranded
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A cosmetic shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate statement of t…
O.C.G.A. § 26-3-13 DROUGHT
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Fireworks. Restrictions on use of consumer fireworks, §25-10-2. DRUG ABUSE. 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. DRUG ABUSE TREATMENT…
O.C.G.A. § 26-3-15 Labeling or advertisement of a drug as an antiseptic
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The representation of a drug in its labeling or advertisement as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be or represented as an antiseptic for inhibitory use as a wet dressing, ointment, dusting …
O.C.G.A. § 26-3-17 Interpretation and construction
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Construction of chapter, §26-3-21. Labels. Advertising or labeling drug as antiseptic, §26-3-15. 662 INDEX DRUG AND COSMETIC ACT —Cont’d Labels —Cont’d Misleading labels. Factors taken into account in determination, §26-3-14. Name and address of manufacturer on label of drugs req…
O.C.G.A. § 26-3-19 Reports and publications by State Board of Pharmacy
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(a) The State Board of Pharmacy may cause to be published from 464 26-3-19 STDS., LBLG., ADULTERATION DRUGS/COSMETICS 26-3-21 time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge …
O.C.G.A. § 26-3-2 Definitions
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As used in this chapter, the term: (1) “Advertisement” means all representations disseminated in any manner or by any means other than by labeling for the purpose of inducing or which are likely to induce, directly or indirectly, the purchase of drugs, devices, or cosmetics. (2) …
O.C.G.A. § 26-3-20 Injunctions for violations of Code Section 26-3-3
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In addition to the remedies provided for in this chapter, the State Board of Pharmacy is authorized to bring an action in the appropriate court of the county for an injunction. Such court shall have jurisdiction, upon hearing and for cause shown to grant a temporary or permanent …
O.C.G.A. § 26-3-21 Construction of chapter
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The provisions of this chapter regarding the selling of drugs, devices, or cosmetics shall be considered to include the manufacture, production, processing, packing, exposure, offering, possession, and holding of any such article for sale, the sale, dispensing, and giving of any …
O.C.G.A. § 26-3-22 Other laws unaffected by chapter
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(a) This chapter shall be cumulative and supplemental to any and all existing laws relating to the subject matter of drugs. Specifically, nothing contained in this chapter shall be so construed as to relieve any person, firm, or corporation from complying with any requirements as p…
O.C.G.A. § 26-3-23 Enforcement
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Assistance from department of agriculture or department of public health, §26-3-18. Factories. Inspection, §26-3-17. Federal act. Conformity with, §26-3-16. Defined, §26-3-2. Hair dyes. Coal-tar hair dyes. Caution on label, §26-3-11. Homeopathic drugs. Regulations, §26-3-7. Injunc…
O.C.G.A. § 26-3-24 Drug researcher permits, §26-4-49
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Drugs. Drug abuse treatment and education programs. Patient brokering, §26-5-80. Violations of provisions, §26-5-19. Selling in vending machines, §26-4-89. Dynamite caps. Making available to minors, §25-1-1. Eggs. Violations of provisions, §26-2-274. Fire departments. Mutual aid …
O.C.G.A. § 26-3-3 Prohibited acts
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The following acts and the causing thereof within this state are prohibited: (1) The manufacture, sale or delivery, or holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded; (1.1) The holding of any drug, device, or cosmetic that is adult…
O.C.G.A. § 26-3-4 Detention of adulterated or misbranded drugs and cosmetics
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(a) Whenever a duly authorized agent of the State Board of Pharmacy finds or has probable cause to believe that any drug or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent within the meaning of this chapter, he shall affix to such article a tag or other a…
O.C.G.A. § 26-3-6 Minor violations
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Nothing in this chapter shall be construed as requiring the State Board of Pharmacy to report minor violations of this chapter for the institution of proceedings under this chapter, whenever the State Board 451 26-3-6 FOOD, DRUGS, AND COSMETICS 26-3-7 of Pharmacy believes that th…
O.C.G.A. § 26-3-7 When a drug or device deemed adulterated
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A drug or device shall be deemed to be adulterated: (1)(A) If it consists in whole or in part of any filthy, putrid, or decomposed substance; (B) If it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have been rendered injurious to health; (…
O.C.G.A. § 26-3-8 When a drug or device deemed misbranded
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(a) A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form unless it bears a label containing: (A) The name and place of business of the manufacturer, packer, or distributor; and (B) An accurate stat…
O.C.G.A. § 26-4-1 Short title
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This chapter shall be known and may be cited as the “Georgia Pharmacy Practice Act.” History. Code 1981, § 26-4-1, enacted by Ga. L. 1998, p. 686, § 1.
O.C.G.A. § 26-4-110 Poisons
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Dispensing by practitioners of healing arts upon prescriptions, §26-4-162. Prescription drug. Defined, §26-4-5. Prescription drug order. Defined, §26-4-5. Prescription medication integrity act, §§26-4-200 to 26-4-205. Definitions, §26-4-201. Pedigrees for prescription drugs, §26-4-2…
O.C.G.A. § 26-4-111 Licensure procedures for pharmacies; non-transferability; minimum standards
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(a) The board shall specify by rule the pharmacy licensure procedures to be followed, including but not limited to specification of forms for use in applying for such licensure and times, places, and applicable fees. (b) Applicants for licensure to distribute, manufacture, sell, p…
O.C.G.A. § 26-4-112 Third-party prescription programs
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Maximum claims for payments, §26-4-145. Wholesale drug distributors, §§26-4-113, 26-4-115. Price and quantity information. Requirement that certain wholesale distributors provide, §26-4-115.1. Pharmacy anti-steering and transparency act. Prohibited referrals and conflicts of inter…