PocketLaw | Georgia Code | Display of Disclosure Statement Concerning

Display of Disclosure Statement Concerning Kosher Foods; Required Information; Exception

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A person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold, in a location readily visible to the consumer, a completed kosher food disclosure statement which shall be updated within 14 days of any changes in the information required by subsections (b) through (e) of this Code section.
A kosher food disclosure statement shall set forth the name and address of the establishment to which it applies and the date on which it was completed.
A kosher food disclosure statement shall state in the affirmative or negative whether the person:
1. Operates under rabbinical or other kosher supervision;
2. Sells or serves only food represented as kosher;
3. Sells or serves food represented as kosher, as well as food not represented as kosher;
4. Sells or serves meat, dairy, and pareve food;
5. Sells or serves only meat and pareve food;
6. Sells or serves only dairy and pareve food;
7. Sells or serves meat and poultry represented as kosher only if it is slaughtered under rabbinical or other kosher supervision and identified at the slaughterhouse to be sold as kosher;
8. Represents kosher meat sold as "Glatt kosher" or "Glatt";
9. Sells or serves seafood only if it has or had fins and removable scales;
10. Keeps separate meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher;
11. Uses separate utensils for meat represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher;
12. Uses separate work areas for meat and poultry represented as kosher, dairy represented as kosher, pareve food represented as kosher, and food not represented as kosher;
13. Sells or serves wine represented as kosher only if it has rabbinical supervision;
14. Sells or serves cheese represented as kosher only if it has rabbinical supervision;
15. Sells or serves food represented as kosher for Passover;
16. Uses separate utensils for food represented as kosher for Passover and food not represented as kosher for Passover;
17. Uses separate work areas for food represented as kosher for Passover and food not represented as kosher for Passover;
18. Keeps food represented as kosher for Passover free from and not in contact with food not represented as kosher for Passover; and
19. Prepares food represented as kosher for Passover under rabbinical or other kosher supervision.
If a kosher food disclosure statement has an affirmative response to the question contained in paragraph (15) of subsection (c) of this Code section, responses to the questions contained in paragraphs (16) through (19) shall be required; otherwise, such responses shall not be required.
A person who represents to the public that any unpackaged food for sale or a place of business is under rabbinical or other kosher supervision shall also provide in the kosher food disclosure statement the following information about the rabbinical or other kosher supervision:
1. The name of the supervising rabbi, agency, or other person;
2. The address of the supervising rabbi, agency, or other person;
3. The telephone number of the supervising rabbi, agency, or other person;
4. The frequency with which the supervising rabbi, agency, or other person visits the establishment; and
5. Any relevant affiliations of the supervising rabbi, agency, or other person that the person making the disclosure wishes to disclose.
The Attorney General shall promulgate a form for the kosher food disclosure statement and any additional information that the Attorney General deems reasonable and necessary for full and complete disclosure. The completion and prominent and conspicuous display of such form shall constitute compliance with subsections (b) through (e) of this Code section.
No person shall display a kosher food disclosure statement or other written document stating that a rabbi, agency, or other person certifies food or a place of business as kosher or kosher for Passover if no such certification is being provided. The person making the display shall remove the statement or document if the rabbi, agency, or other person sends a notice via certified mail or statutory overnight delivery directed to the person making the display that no such certification is being provided.
It shall be unlawful for any person to:
1. Fail to complete and prominently and conspicuously display a kosher food disclosure statement as required by this Code section;
2. Otherwise fail to comply with this Code section; or
3. Knowingly or intentionally, with intent to defraud, make a false affirmation or disclosure in a kosher food disclosure statement.
This Code section shall not apply to:
1. Food sold in a presealed kosher food package; or
2. Food represented as "kosher-style" or "kosher-type."

(Code 1981, §10-1-393.11, enacted by Ga. L. 2010, p. 114, § 4/HB 1345; Ga. L. 2015, p. 1088, § 2/SB 148.)

The 2015 amendment, effective July 1, 2015, substituted "Attorney General" for "administrator" twice in the first sentence of subsection (f).

Editor's notes.

- Ga. L. 2010, p. 114, § 1/HB 1345, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Kosher Food Consumer Protection Act.'"

Law reviews.

- For article, "The Establishment Clause's Effect on Kosher Food Laws: Will the Jewish Meal Soon Become Harder to Swallow in Georgia?," see 38 Ga. L. Rev. 1067 (2004).

RESEARCH REFERENCES

ALR.

- Validity and construction of regulations dealing with misrepresentation in the sale of Kosher food, 52 A.L.R.3d 959.

Validity, construction, and application of regulations dealing with misrepresentation in sale of kosher food, 3 A.L.R.7th 6.

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