Title 26 — Food, Drugs, and Cosmetics
0 chapters · 324 sections in this title.
O.C.G.A. § 26-2-23 Injunctions for violations of Code Section 26-2-22
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In addition to the 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, upon hearing and for cause shown, to grant a temporary or permanent injunction …
O.C.G.A. § 26-2-230 Short title
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This article shall be known and may be cited as the “Georgia Dairy Act of 1980.” History. Ga. L. 1980, p. 981, § 1.
O.C.G.A. § 26-2-231 Definitions
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(a) As used in this article, the term: (1) “Commissioner” means the Commissioner of Agriculture for the State of Georgia. (2) “Cream tester” means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a bas…
O.C.G.A. § 26-2-232 Duties of Commissioner generally
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(a) The Commissioner is charged with the responsibility of enforcing this article. (b) It shall be the duty of the Commissioner or his authorized representative: (1) To inspect or cause to be inspected, as often as may be deemed practicable, all creameries, public dairies, conden…
O.C.G.A. § 26-2-233 Promulgation and amendment of rules and regulations by Commissioner
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(a) 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 ado…
O.C.G.A. § 26-2-234 Licensure procedure
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Application for all licenses and permits provided for in this article shall be made to the Commissioner on such forms as he or she may prescribe. All licenses shall be valid for a period of one year unless revoked or suspended as provided in this article. All licenses shall be 37…
O.C.G.A. § 26-2-235 Cream tester license
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No person shall act as a cream tester unless he or she is licensed, and it shall be unlawful for any person to employ as a cream tester any person who does not have a license to operate testing apparatus for milk and cream. The license shall be posted in a conspicuous place in pl…
O.C.G.A. § 26-2-238 Standards and requirements generally
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The standards and requirements of the May, 2005, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service — Food and Drug Administration and supplements thereto, except as otherwise provided in this article, are expressl…
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. § 26-2-24 Penalty for violation of Code Section 26-2-22; exceptions
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Any person who violates Code Section 26-2-22 shall be guilty of a misdemeanor, provided that: (1) No person shall be subject to the penalties provided in this article for having violated paragraph (1) or (3) of Code Section 26-2-22 if he or she establishes a guaranty or undertaki…
O.C.G.A. § 26-2-240 Adulterated ice cream
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(a) Ice cream shall be deemed to be adulterated: (1) If it contains any preservative, mineral, or other substance or compound deleterious to health; provided, however, that this Code section shall not be construed to prohibit the use of harmless coloring matter when not used for …
O.C.G.A. § 26-2-241 Testing of milk, cream, or other dairy products
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In determining the value of milk, cream, or other dairy products by the use of the Babcock test, it shall be unlawful to give any false reading or in any way manipulate the test so as to give a higher or lower percent of butterfat than the milk, cream, or other dairy products act…
O.C.G.A. § 26-2-242 Ungraded milk, §26-2-242
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Short title of article, §26-2-230. Soft drinks. Plant licensing. Applicability to dairy plants, §26-2-356. Standards.
O.C.G.A. § 26-2-243 Licenses
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Applications, §26-2-234. MILK AND MILK PRODUCTS —Cont’d Licenses —Cont’d Cream testers, §26-2-235. Denial, suspension or revocation. Procedure, §26-2-234. Duration, §26-2-234. Renewal, §26-2-234. Manufacturers. Inspections, §26-2-243. Milk and cream brokers. Defined, §26-2-231. Mi…
O.C.G.A. § 26-2-246 Raw dairy act, §26-2-463
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Narcotic treatment programs enforcement act. Confidentiality of patient information, §26-5-56. Records of licensees, §26-5-51.
O.C.G.A. § 26-2-247 Enforcement of article generally
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(a) The Commissioner shall be charged with the enforcement of this article; and he 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…
O.C.G.A. § 26-2-248 Injunctions
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Any person, firm, or corporation subject to this article and 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. § 26-2-249 Unlawful acts
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It shall be unlawful: (1) To handle milk, cream, butter, ice cream, or other dairy products in unclean or unsanitary places or in an unsanitary manner; (2) To keep, store, or prepare for market any milk, cream, or other dairy products in the same building or enclosure where any h…
O.C.G.A. § 26-2-25 Licensing of food sales establishments
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(a) It shall be unlawful for any person to operate a food sales establishment without having first obtained a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of this article an…
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, §25-15-68. Bo…
O.C.G.A. § 26-2-26 When food deemed adulterated
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A food shall be deemed to be adulterated if: (1) It bears or contains any poisonous or deleterious substance which may render it injurious to health; but, in case the substance is not an added substance, such food shall not be considered adulterated under this paragraph if the qu…
O.C.G.A. § 26-2-260 Definitions
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As used in this article, the term: (1) “Cold storage” means protected storage in a refrigerated place. (2) “Commerce” means interstate, foreign, or intrastate commerce. (3) “Commissioner” means the Commissioner of Agriculture of the State of Georgia. (4) “Department” means the De…
O.C.G.A. § 26-2-261 Classification of eggs
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(a) Within the intent and purpose of this article, eggs classified as: (1) Storage eggs shall be construed to mean eggs which have been in cold storage for a period of 31 days or longer; and (2) Fresh eggs shall be construed to mean eggs which have been held in cold storage not lo…
O.C.G.A. § 26-2-262 Registration of entities dealing in eggs
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All wholesalers, commission merchants, brokers, retailers, and dealers of any kind or character who desire to sell or offer eggs for sale in this state shall first file with the Commissioner of Agriculture, upon forms furnished by the Commissioner, the name of the firm or person des…
O.C.G.A. § 26-2-263 Egg wholesaler and handler licenses
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(a) It shall be unlawful for any person to engage in business as a wholesaler or as an egg handler without first obtaining a license from the Commissioner. No license issued under this article shall be suspended or revoked except for health and sanitation reasons or violations of …
O.C.G.A. § 26-2-264 Fire sprinkler contractors
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Applications, §25-11-5. Fees. Fire protection system designer license, §25-11-7. Fire protection system inspector license, §25-11-6. Sprinkler contractor license, §25-11-5. Fire protection system designer license, §25-11-7. Defined, §25-11-2. Preparation of water-based fire protect…
O.C.G.A. § 26-2-265 Placards, §26-2-269
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Unlawful sales by wholesalers, retailers, etc., §26-2-264. Withhold from sale orders, §26-2-271. Storage eggs. Classifications, §26-2-261. Taxation. Exemption of producers from taxing and licensing, §26-2-264. Unfit for human consumption. Confiscation and destruction, §26-2-266. Vio…
O.C.G.A. § 26-2-266 Violations of provisions
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Duty of prosecuting attorney to prosecute, §26-2-274. Misdemeanors, §26-2-274. Withhold from sale orders, §26-2-271. Wholesalers. Defined, §26-2-260. Licenses, §26-2-263. Registration, §26-2-262. Unlawful sales, §26-2-264. Withhold from sale orders, §26-2-271. EGRESS. Landmark mus…
O.C.G.A. § 26-2-267 Candlers and graders, §26-2-272
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Sales. Classification, §26-2-261. Invoices. Dealers’ invoices furnished to department of agriculture, §26-2-265. Placards, §26-2-269.
O.C.G.A. § 26-2-268 Information labels affixed to cases of eggs
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(a) At the time of packing and candling of each case of eggs, the producer or dealer shall affix a label not less than two inches by four inches or not less than eight square inches on one end of each case and on this label shall be legibly printed or stamped, in letters not less…
O.C.G.A. § 26-2-269 Placard to be displayed; contents
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All eggs offered for sale at retail shall be properly classified in accordance with the following specifications: (1) A heavy cardboard or placard, not less than eight by eleven inches, shall be conspicuously displayed at all times on or over each receptacle containing eggs offered…
O.C.G.A. § 26-2-270 Reciprocal marketing agreement to vary labeling requirements
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The Commissioner of Agriculture is authorized to enter into reciprocal marketing agreements with other states to vary the labeling requirements provided in this article. Such agreements shall not vary the standards of quality and weights provided in this article, it being the pur…
O.C.G.A. § 26-2-272 Egg candler and grader licenses
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Each candler and grader of eggs offered for sale shall obtain a license from the Department of Agriculture at no cost, after demonstrating to the satisfaction of the department his capability and qualifications as an egg candler and grader. The Commissioner of Agriculture is autho…
O.C.G.A. § 26-2-273 Refrigeration and other handling requirements
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(a) All shell egg producers shall refrigerate eggs upon gathering such eggs. Eggs shall be graded and packed within a reasonable period of time from gathering. (b) After washing, processing, and packaging, eggs shall be transported, stored, and displayed at an ambient temperature…
O.C.G.A. § 26-2-274 Mobile sales, §§26-2-410 to 26-2-413
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Processing plants. Meat, poultry and dairy processing plants, §§26-2-200 to 26-2-215. POWDERED MILK. Milk and milk products generally, §§26-2-230 to 26-2-250. PRACTICE OF PHARMACY, §§26-4-40 to 26-4-50. PREGNANCY. Drug abuse treatment and education programs. Priority admissions f…
O.C.G.A. § 26-2-28 When food deemed misbranded
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A food shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is offered for sale under the name of another food; (3) It is an imitation of another food for which a definition and standard of identity have been prescribed by regulati…
O.C.G.A. § 26-2-290 Definitions
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As used in this article, the term: (1) “Bread” means the foods commonly known and described as white bread and rolls, including, but not restricted to, Vienna bread, French bread, and Italian bread and rolls of the semibread dough type, such as soft rolls, hamburger, hot dog, par…
O.C.G.A. § 26-2-291 NIGHTCLUBS
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Fire and other hazards. Buildings presenting special hazards to persons or property, §25-2-13. NONALCOHOLIC BEVERAGES. Bottled soft drinks. Defined, §26-2-350. NONFAMILY ADULTS. Homes for. Fire and other hazards. Buildings presenting special hazards, §25-2-13. NON-HODGKIN’S LYMPHO…
O.C.G.A. § 26-2-292 Degerminated corn meal, §26-2-293
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Degerminated hominy grits, §26-2-293. Flour, §26-2-291. BONDS, SURETY —Cont’d Fires. Safety fire commissioner rulings or decisions. Appeal to court, §25-2-10. Fireworks. Display of fireworks, §25-10-4. Meat inspection. Release bond, §26-2-85. Pharmacists and pharmacies. Third-party…
O.C.G.A. § 26-2-293 Flour
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Vitamins and ingredients in, §26-2-291. NIGHTCLUBS.
O.C.G.A. § 26-2-294 Exemptions
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The terms of this article shall not apply to: (1) Flour, corn meal, or grits sold to bakers or other commercial secondary processors if, prior to or simultaneously with delivery, the purchaser furnishes to the seller a certificate of intent in such form as the Commissioner shall b…
O.C.G.A. § 26-2-295 Labeling requirements
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It shall be unlawful to sell or offer for sale in this state any enriched flour, enriched bread, enriched degerminated corn meal, or enriched degerminated hominy grits which, if wrapped, fails to conform to the labeling requirements of the Commissioner of Agriculture. History. Ga.…
O.C.G.A. § 26-2-296 Duties of Commissioner of Agriculture
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(a) The Commissioner of Agriculture is authorized as the administrative agency and is directed: (1) To make, amend, and rescind such rules and regulations, in his discretion, as may be necessary to carry out this article, including, but without being limited to, such orders, rule…
O.C.G.A. § 26-2-297 FOAM
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Use of Class B firefighting foam with PFAS chemicals, §25-2-41. FOOD. Adulteration and misbranding, §§26-2-20 to 26-2-41. Acts prohibited, §26-2-22. Injunctions, §26-2-23. Penalties, §26-3-24. Advertisements. Misleading advertisements, §§26-2-29, 26-2-30. Citation of article, §26-2…
O.C.G.A. § 26-2-30 Meat
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Deceptive advertising. Promulgation of rules and regulations, §26-2-151. Disclosure of price per pound, §26-2-152. Legislative intent, §26-2-150.
O.C.G.A. § 26-2-30.1 Beef produced without antibiotics or growth hormones; “Georgia lean” beef
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(a) The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations for the labeling of beef and for the purpose of certifying beef as having been produced without feeding, injecting, or implanting antibiotics or growth hormones in the animal from whic…
O.C.G.A. § 26-2-310 Definitions
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As used in this article, the term: (1) “Nonresident of the State of Georgia” means a person who has not maintained a continuous residence in this state for one year and not resided therein for six months next preceding the time when he makes application for a license. (2) “Reside…
O.C.G.A. § 26-2-311 Administration by Commissioner of Agriculture
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It shall be the duty of the Commissioner of Agriculture to administer this article. History. Ga. L. 1937-38, Ex. Sess., p. 332, § 3. 26-2-312. Wholesale fish dealers’ licenses.
O.C.G.A. § 26-2-312 Wholesale fish dealers’ licenses
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(a) No person, firm, association of persons, or corporation shall be authorized or permitted to engage in the business of wholesale fish dealer in this state without first having paid to the Commissioner of Agriculture the annual license fees required in this Code section and having…
O.C.G.A. § 26-2-313 Applications for wholesale fish dealers’ licenses
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(a) Each and every person desiring to engage in the business of wholesale fish dealer in this state shall annually on or before January 1 in every year make application to the Commissioner of Agriculture for a license in which such applicant shall state his name, his post office a…