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Georgia Statutes, Title 26

Georgia/Statutes

← All Georgia coverage

Title 26

5 chapters · 378 sections in this title.

All chapters in Title 26378 Ch 2, STANDARDS, LABELING, AND ADULTERATIO…208 Ch 4, PHARMACISTS AND PHARMACIES99 Ch 5, DRUG ABUSE TREATMENT AND EDUCATION P…46 Ch 3, STANDARDS, LABELING, AND ADULTERATIO…24 Ch 1, GENERAL PROVISIONS1

378 sections·Filtered byTitle 26✕

O.C.G.A. § 26-2-23 Short title
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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…
O.C.G.A. § 26-2-239 Short title
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Deﬁnitions. Duties of Commissioner generally. Promulgation and amendment of rules and regulations by Commissioner. Licensure procedure. Cream tester license. [Reserved] License requirements — Operators of milk and cream buying stations. [Reserved] License requirements — Milk and …
O.C.G.A. § 26-2-250 Short title, §26-2-230
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DAIRY PRODUCTS. Milk and milk products generally, §§26-2-230 to 26-2-250. Processing plants. Meat, poultry and dairy processing plants, §§26-2-200 to 26-2-215. Raw dairy act, §§26-2-450 to 26-2-466. DAMAGES. Amusement ride safety act. State not liable under chapter,
O.C.G.A. § 26-2-297 Deﬁnitions
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Vitamins and ingredients in ﬂour; speciﬁcation changes; milling process. Vitamins and ingredients in bread; speciﬁcation changes. Vitamins and ingredients in degerminated corn meal and degerminated hominy grits; speciﬁcation changes; milling process. Exemptions. Labeling requirem…

Showing 201–250 of 378

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O.C.G.A. § 26-2-31 Lard, mixed edible fat, and edible cottonseed oil

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Meat, ﬁsh, and poultry to be sold by net weight; exceptions; penalty. Obstruction of inspectors and others in performance of duties. Labeling, sale, or advertising of spring water. Article 2 26-2-24. 26-2-25. 26-2-26. 26-2-27. 26-2-28. 26-2-29. 26-2-30. 26-2-33. 26-2-34. 26-2-34.…

O.C.G.A. § 26-2-331 Restrictions on use of outdoor advertising signs, § 32-6-75

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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,

O.C.G.A. § 26-2-351 Suspension or revocation, §26-2-354

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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…

O.C.G.A. § 26-2-357 COLIFORM

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Raw dairy act. Chemical, bacteriological, and temperature standards, §26-2-458. COLLECTIVE BARGAINING. Fireﬁghters. Labor and employment relations, §§25-5-1 to 25-5-14. COLOR ADDITIVES. Deﬁned, §26-2-62. Georgia meat inspection act. Adulterated deﬁned, §26-2-62. COMMON CARRIERS. …

O.C.G.A. § 26-2-413 Deﬁnitions

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Licensing and inspection of mobile vehicles. Rules and regulations. Penalty. Deﬁnitions. Designation of cooperating agency. Article 18 Deﬁnitions. Permits for nonproﬁt food sales and food service at events; duration of permit; issuance of subsequent permits. Food safety standards…

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 When a drug, device, or cosmetic advertisement deemed false

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(a) An advertisement of a drug, device, or cosmetic shall be deemed to be completely false if it is false or misleading in any particular. (b) For the purpose of this chapter the advertisement of a drug or device representing it to have any effect on albuminuria, appendicitis, ar…

O.C.G.A. § 26-3-14 Factors taken into account in determining whether label or advertisement is misleading

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If an article is alleged to be misbranded because the labeling is misleading or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading there shall be taken into account, among other things not o…

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. § 26-3-16 Promulgation of regulations; conformity with federal act

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(a) The authority to promulgate regulations for the efficient enforcement of this chapter is vested in the State Board of Pharmacy. The board is authorized to make the regulations promulgated under this chapter conform insofar as practicable with those promulgated under the feder…

O.C.G.A. § 26-3-17 Inspection of factories, warehouses, establishments, or vehicles; samples and specimens

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The State Board of Pharmacy or its duly authorized agent shall have free access at all reasonable times to any factory, warehouse, or establishment in which drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce or to enter any ve…

O.C.G.A. § 26-3-18 Assistance in enforcement from Department of Agriculture or Department of Public Health

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In addition to the remedies provided in this chapter and to provide for more efficient enforcement of this chapter, the State Board of Pharmacy or the director of the Georgia Drugs and Narcotics Agency may ask the Department of Agriculture and the Department of Public Health for …

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 time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this chapter, including the nature of the charge and the disposition thereof. (b) The board may also cause to be…

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 Penalty for impeding, obstructing, hindering, or preventing drug agent from performance of duty

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Any manufacturer, dealer, wholesaler, or other person who shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent any drug agent or other person in the performance of his duty in collecting samples or otherwise in connection with this chapter shall be guilty of…

O.C.G.A. § 26-3-24 COSTS

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Drug abuse treatment and education programs. Patient brokering, actions for violations, §26-5-80. Substance abuse. Drug abuse treatment and education programs. Patient brokering, actions for violations, §26-5-80. COTTONSEED OIL. Standards. Edible cottonseed oil, §26-2-1. COUNTERF…

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. § 26-3-5 Duty of prosecuting attorney upon report of violation; notice to possible defendant

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It shall be the duty of each prosecuting attorney to whom the State Board of Pharmacy reports any violation of this chapter to cause appropriate criminal proceedings to be instituted in the appropriate court without delay and to prosecute same in the manner provided by law. Befor…

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 of Pharmacy believes that the public interest will be adequately served i…

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. § 26-3-9 Name and address of manufacturer on label of drugs requiring prescription

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(a) Any drug product designed for human usage which is branded as follows: “Caution: Federal law prohibits dispensing without prescription” shall bear on the label the name and address of the manufacturer. (b) For the purposes of this Code section, the term “manufacturer” include…

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. § 26-4-2 Liberal construction of chapter

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The practice of pharmacy in this state is declared to be a learned profession and the practice of pharmacy affects the public health, safety, and welfare and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and …

O.C.G.A. § 26-4-3 Legislative intent

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It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare by and through the effective control and regulation of the practice of pharmacy; the licensure of pharmacists; the licensure, control, and regulation of all sites or persons…

O.C.G.A. § 26-4-4 Deﬁnition of “practice of pharmacy

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The “practice of pharmacy” means the interpretation, evaluation, or dispensing of prescription drug orders in the patient’s best interest; participation in drug and device selection, drug administration, drug regimen reviews, and drug or drug related research; provision of patien…

O.C.G.A. § 26-4-5 Deﬁnitions

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As used in this chapter, the term: (1) “Administer” or “administration” means the provision of a unit dose of medication to an individual patient as a result of the order of an authorized practitioner of the healing arts. (1.05) “Authorized” means, in the case of a wholesale dist…

O.C.G.A. § 26-4-6 Provisions of chapter not applicable to facilities engaged solely in distribution of dialysate drugs or certain dialysis equipment under certain conditions

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The provisions of this chapter shall not apply to a facility engaged solely in the distribution of dialysate drugs, or devices necessary to perform home kidney dialysis to patients with end stage renal disease, provided that the following criteria are met: (1) The dialysate drugs…

O.C.G.A. § 26-4-20 Georgia State Board of Pharmacy; powers and duties

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(a) The Georgia State Board of Pharmacy existing immediately preceding July 1, 2013, is continued in existence, and members serving on the board immediately preceding that date shall continue to serve out their terms of office and until their respective successors are appointed a…

O.C.G.A. § 26-4-21 Eligibility requirements for board members; oath of office

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(a) Each of the seven pharmacist members of the board shall, at the time of appointment: (1) Be a resident of this state for not less than six months; (2) Be currently licensed and in good standing to engage in the practice of pharmacy in this state; (3) Be actively engaged in th…

O.C.G.A. § 26-4-22 Number and terms of members; appointment; vacancies

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(a) The board shall consist of seven members possessing the qualiﬁcation speciﬁed in subsection (a) of Code Section 26-4-21 and one additional member possessing the qualiﬁcations speciﬁed in subsection (b) of Code Section 26-4-21 who shall be appointed by the Governor and conﬁrme…

O.C.G.A. § 26-4-23 Removal of board members

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Any member who has failed to attend three consecutive regular monthly meetings of the board for any reason other than illness of such member shall be subject to removal by the Governor upon request of the board. The president of the board shall notify the Governor in writing when…

O.C.G.A. § 26-4-24 Meetings and organization; appeals; serving of notices and legal process

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The board shall meet at least annually to organize and elect a president and a vice president from its members. The vice president shall serve as the cognizant member of the board. All appeals from the decision of the board, all documents or applications required by law to be ﬁle…

O.C.G.A. § 26-4-25 Expense and mileage allowances; reimbursement of certain costs and fees

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Each member of the board may receive the expense allowance as provided by subsection (b) of Code Section 45-7-21 and the same mileage allowance for the use of a personal car as that received by other state officials and employees or a travel allowance of actual transportation cos…

O.C.G.A. § 26-4-26 Meetings; notice; quorum; open meetings

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(a) To transact its business, the board shall hold regular meetings at least once each month unless, in the discretion of the president, it is deemed unnecessary for a particular month. The board shall meet at such additional times as it may determine. Such additional meetings ma…

O.C.G.A. § 26-4-27 Authority to establish rules and regulations

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The board may establish such rules and regulations not inconsistent with this chapter and as in its judgment will best carry out the requirements thereof. History. Code 1981, § 26-4-27, enacted by Ga. L. 1998, p. 686, § 1.

O.C.G.A. § 26-4-28 Powers, duties, and authority

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(a) The board shall have the power, duty, and authority for the control and regulation of the practice of pharmacy in the State of Georgia, including, but not limited to, the following: (1) The licensing by examination or by license transfer of applicants who are qualiﬁed to enga…

O.C.G.A. § 26-4-28.1 Power, duties, and authority of the executive director

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(a) The executive director: (1) Shall be a full-time employee of the board and shall serve as the chief executive officer and secretary of the board. Any person, in order to qualify for appointment as the executive director, shall be of good moral character and shall possess such…

O.C.G.A. § 26-4-28.2 Notiﬁcation to board of convictions

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Any licensee, registration holder, or permit holder who is convicted under the laws of this state, the United States, or any other state, territory, or country of a felony shall be required to notify the board of the conviction within ten days of the conviction. The failure to no…