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Maintenance of Information and Referral Service for Persons and Organizations Desiring to Donate Food to Nonprofit Organizations; Inspection of Donated Food

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The Department of Agriculture shall maintain an information and referral service for persons and organizations which have notified the department of their desire to donate food to nonprofit organizations.
Appropriate state and local departments and agencies are authorized to inspect donated food items for wholesomeness and may establish procedures for the handling of the food items.

(Code 1933, § 105-1106, enacted by Ga. L. 1980, p. 69, § 1.)

Cross references.

- Liability of persons donating food for use or distribution by nonprofit organizations, § 51-1-31.

Law reviews.

- For article, "Consolidation by Compact: A Remedy for Preemption of State Food and Drug Laws," see 14 J. Pub. L. 276 (1965).

RESEARCH REFERENCES

ALR.

- Validity, construction, and application of the sampling provisions of the Federal Food, Drug, and Cosmetic Act, or other similar acts, 155 A.L.R. 910.

CHAPTER 2 STANDARDS, LABELING, AND ADULTERATION OF FOOD Article 1 General Provisions.

26-2-1. Definitions of and standards for lard, mixed edible fats, and cottonseed oils.
26-2-2. Meat, fish, and poultry to be sold by net weight; exceptions; penalty.
26-2-3. Obstruction of inspectors and others in performance of duties.
26-2-4. Labeling, sale, or advertising of spring water.

Article 2 Adulteration and Misbranding of Food. Article 3

26-2-20. Short title.
26-2-21. Definitions.
26-2-22. Prohibited acts.
26-2-23. Injunctions for violations of Code Section 26-2-22.
26-2-24. Penalty for violation of Code Section 26-2-22; exceptions.
26-2-25. Licensing of food sales establishments; revocation; notice and hearing; transferability; posting of license; fees; rules and regulations.
26-2-26. When food deemed adulterated.
26-2-27. Poisonous or deleterious substances in food; exception for required substances.
26-2-27.1. Testing of specimens from food processing centers; consistency in standards; cost; retention of records from testing; exemption.
26-2-28. When food deemed misbranded.
26-2-29. Misleading advertisements; certain practices declared misleading.
26-2-30. Factors to be taken into account in determining whether labels or advertisements are misleading.
26-2-30.1. Beef produced without antibiotics or growth hormones; "Georgia lean" beef.
26-2-31. Repacking of flour, grits, hominy, and cornmeal; exceptions [Repealed].
26-2-32. Honey and imitation honey labels.
26-2-33. Enforcement of article by Commissioner; employment of personnel.
26-2-34. Promulgation of regulations; notice and hearing for proposed amendments; variances or waivers.
26-2-34.1. (Effective January 1, 2021) Confidential information.
26-2-35. Food regulations.
26-2-36. Right of entry in food establishments and transport vehicles; examination of samples obtained.
26-2-37. Temporary permits.
26-2-38. Detention or embargo of adulterated or misbranded food.
26-2-39. Summaries of judgments, decrees, and court orders; dissemination of information in the interest of health and protection of consumers against fraud.
26-2-40. Minor violations of article.
26-2-41. Prosecution of violations; notice to defendant prior to institution of criminal proceeding.

Meat Inspection. Part 1

ENERAL PROVISIONS

26-2-60. Short title.
26-2-61. Legislative intent.
26-2-62. Definitions.
26-2-63. Federal and state cooperation.
26-2-64. Concurrent enforcement jurisdiction.

Part 2 ENFORCEMENT OF ARTICLE.

26-2-80. Promulgation of regulations.
26-2-81. Powers of Commissioner; access to documentary evidence and witnesses; false reports; failure to file reports.
26-2-82. Administrative penalties; judicial review.
26-2-83. Withdrawal of meat inspection service.
26-2-84. Detention of carcasses, meat, and meat food products suspected of being adulterated or misbranded; removal of official marks.
26-2-85. Seizure and condemnation of carcasses, meat, and meat food products; release bond; costs.
26-2-86. Injunctions.
26-2-87. Minor violations.
26-2-88. Penalties for fraud or distribution of adulterated articles; penalties for slaughter or distribution of diseased or cancerous animals.

Part 3 Inspection of Animals, Carcasses, Meat, and Meat Food Products; Adulteration and Misbranding. Part 4

26-2-100. Duties of inspectors.
26-2-100.1. Examinations and inspections of nontraditional livestock carcasses, meats, and meat food products.
26-2-101. Inspections and examinations; administration in conjunction with Article 2 of this chapter.
26-2-102. Inspection of animals prior to slaughter or preparation; examination and slaughtering of diseased animals; examination and inspection of method; right of Commissioner to deny or suspend inspections.
26-2-103. Post-mortem inspection and marking of carcasses and parts; disposition of condemned carcasses and parts; reinspection; removal of inspectors.
26-2-104. Inspection of carcasses, parts, meat, and meat products brought into or returned to slaughtering or packing establishments; limitations on entry of carcasses, parts, meat, and meat products.
26-2-105. Inspection of meat food products where prepared; inspection markings; disposition of condemned meat food products; removal of inspectors.
26-2-106. Inspection of meat and meat food products in retail and other food service establishments; disposition of condemned meat; sale or display of noninspected meat or meat food products.
26-2-107. Labeling of meat, meat food products, and carcasses; standards and definitions; use of false or misleading labels or containers.
26-2-108. Sanitary inspections of slaughter and packing establishments; sanitation regulations; labeling adulterated meat and meat food products.
26-2-109. Inspection of animals and food products thereof slaughtered and prepared at nighttime.
26-2-110. Slaughter, preparation, sale, or transportation of animals, meat, or meat food products generally.
26-2-110.1. Approved methods for handling and slaughtering of animals; designation by Commissioner of methods of handling and slaughtering.
26-2-111. Labeling and preparation of carcasses, meat, and meat food products of equines.
26-2-112. Inspection exceptions; labeling and handling of custom slaughtered and prepared meat or meat food products.
26-2-113. Storage and handling regulations for carcasses, meat, and meat food products.
26-2-114. Fraudulent practices.
26-2-115. Use of "Georgia" in trademark, trade name, service mark, or advertisement.
26-2-116. Applicability of part to federally inspected slaughtering and packing establishments.

EAT PROCESSORS AND RELATED INDUSTRIES

26-2-130. Buying, selling, transporting, or receiving of dead, dying, disabled, or diseased animals.
26-2-131. Registration of dealers in dead, dying, diseased, or disabled animals.
26-2-132. Maintenance and inspection of records.
26-2-133. Identification of carcasses, meat, or meat food products not intended for human use.

Article 4 Advertisement and Sale of Meat Generally.

26-2-150. Legislative intent.
26-2-151. Promulgation of rules and regulations regarding deceptive advertising of meat.
26-2-152. Advertisement or sale of beef, pork, and lamb; "bait and switch" advertising.
26-2-153. Sale of partial or whole carcasses.
26-2-154. Penalty for violation of Code Sections 26-2-150 through 26-2-153.
26-2-155. Food service establishment display of information if serving imported beef.
26-2-156. Slaughter of horses for human consumption or other purposes.
26-2-157. Sale of horse meat - Sign; label.
26-2-158. Sale of horse meat - Seller to inform purchaser.
26-2-159. Promulgation of regulations.
26-2-160. Sale of dog meat for human consumption; label on packages.
26-2-161. Penalty for violations of Code Section 26-2-157, 26-2-158, 26-2-159, or 26-2-160.

Article 5 Animals Suspected of Bearing Any Residue Causing Contaminated Meat.

26-2-180. Definitions.
26-2-181. Promulgation of rules and regulations.
26-2-182. Animals, poultry, or products thereof suspected of bearing substance causing contamination - Inspection and quarantine; notice to owners or keepers.
26-2-183. Animals, poultry, or products thereof suspected of bearing substance causing contamination - Sampling; removal from quarantine on order of Commissioner.
26-2-184. Animals, poultry, or products thereof suspected of bearing substance causing contamination - Destruction; compliance with federal tolerances.
26-2-185. Injunctions.
26-2-186. Penalties.

Article 6 Meat, Poultry, and Dairy Processing Plants.

26-2-200. Definitions.
26-2-201. Supervision and control of sanitary conditions in dairies and meat, poultry, and dairy processing plants; designation of inspectors.
26-2-202. Promulgation of rules and regulations.
26-2-203. Power of inspection.
26-2-204. Inspection of dairy, meat, or poultry plants; correction of unsanitary conditions; take and test samples; evidentiary value thereof.
26-2-205. Wholesomeness inspection of meat, poultry, and dairy products offered for sale; inspection of livestock slaughtered; marking system for inspection purposes; standards and specifications; exception.
26-2-206. Wholesomeness inspection of meat, poultry, or dairy processing plants on cost basis or less.
26-2-207. Dairy equipment and premises to be maintained in clean and sanitary condition; supply of clean, pure water; adequate drainage.
26-2-208. Sale, offer for sale, or possession of dairy, animal, or poultry products, under other than sanitary conditions; when conditions other than sanitary deemed to exist.
26-2-209. Permanent license for meat processing plants; revocation or suspension; notice and hearing.
26-2-210. Permanent license for poultry processing plants; filing at place of business; transferability; suspension or revocation; notice and hearing.
26-2-211. Statistics on animals and poultry slaughtered; maintenance of records.
26-2-212. County and municipal ordinances dealing with meats, poultry, and dairy products.
26-2-213. Injunctions.
26-2-213.1. Applicability to individuals and entities governed by federal acts.
26-2-214. Inspection of federally inspected meat, poultry, or dairy products; exception for horse slaughter operations.
26-2-215. Penalty.

Article 7 Milk and Milk Products.

26-2-230. Short title.
26-2-231. Definitions.
26-2-232. Duties of Commissioner generally.
26-2-233. Promulgation and amendment of rules and regulations by Commissioner.
26-2-234. Applications for licenses and permits; duration of licenses; renewal of licenses; procedure for denial, revocation, or suspension of licenses.
26-2-235. License requirements - Cream testers.
26-2-236. License requirements - Operators of milk and cream buying stations [Repealed].
26-2-237. License requirements - Milk and cream brokers [Repealed].
26-2-238. Standards and requirements generally.
26-2-239. Standards and requirements for frozen desserts generally.
26-2-240. Adulterated ice cream.
26-2-241. Testing of milk, cream, or other dairy products.
26-2-242. Standards and requirements as to sale of milk and milk products generally; labeling; sale of ungraded milk, raw whole milk, condensed or evaporated milk.
26-2-243. Intermingling of Grade A milk or milk products with other grades; inspections; permit requirements; enforcement powers of Commissioner.
26-2-244. Standards and conditions for importation of milk and milk products.
26-2-245. Condemnation and coloring of milk and milk products produced, processed, or delivered in violation of laws of state.
26-2-246. Furnishing of records by persons operating under article.
26-2-247. Enforcement of article generally.
26-2-248. Injunctions.
26-2-249. Unlawful acts.
26-2-250. Penalties for violations of article.

Article 8 Eggs.

26-2-260. Definitions.
26-2-261. Classification of eggs.
26-2-262. Registration of entities dealing in eggs.
26-2-263. License required for wholesaler or egg handler; grounds for suspension or revocation; transferability; exemption.
26-2-264. Sales by entities dealing in eggs; exemption of producers from taxation and licensing.
26-2-265. Dealer's invoices of sales to be furnished to Department of Agriculture on request; exception for sales to consumers.
26-2-266. Inspectors and assistants; confiscation and destruction of eggs found unfit for human consumption.
26-2-267. Promulgation of rules, regulations, grades, and standards; powers of inspectors.
26-2-268. Information labels affixed to cases of eggs.
26-2-269. Placard to be displayed; contents.
26-2-270. Reciprocal marketing agreement to vary labeling requirements.
26-2-271. "Withhold From Sale Orders"; cost of inspection and release.
26-2-272. Licensing of candlers and graders of eggs; promulgation of rules and regulations regarding qualifications; temporary work without license.
26-2-273. Refrigeration and other handling requirements.
26-2-274. Penalty; duty of prosecuting attorneys to prosecute violations.

Article 9 Grains and Bread.

26-2-290. Definitions.
26-2-291. Vitamins and ingredients in flour; specification changes; milling process.
26-2-292. Vitamins and ingredients in bread; specification changes.
26-2-293. Vitamins and ingredients in degerminated corn meal and degerminated hominy grits; specification changes; milling process.
26-2-294. Exemptions.
26-2-295. Labeling requirements.
26-2-296. Duties of Commissioner of Agriculture.
26-2-297. Penalty.

Article 10 Fish and Other Seafoods.

26-2-310. Definitions.
26-2-311. Administration by Commissioner of Agriculture.
26-2-312. Wholesale fish dealers' licenses.
26-2-313. Applications for wholesale fish dealers' licenses.
26-2-314. License revocation.
26-2-315. Promulgation of rules and regulations regarding sanitation, distribution, and transportation of fish and seafoods.
26-2-316. Suitable equipment and sanitation for wholesale fish dealers.
26-2-317. Traveling fish dealers; equipment.
26-2-318. Inspection of fish and seafoods.
26-2-319. Allocation of license fees [Repealed].
26-2-320. Penalty.

Article 11 Kosher Foods.

26-2-330 through 26-2-335. [Repealed].

Article 12 Soft Drinks.

26-2-350. Definitions.
26-2-351. License for manufacture and bottling; separate license for each business or bottling or manufacturing plant.
26-2-352. Sanitary standards and specifications for manufacture, bottling, and distribution of soft drinks or soft drink syrup; adoption; compliance with food laws.
26-2-353. Promulgation of rules and regulations; administrative personnel.
26-2-354. Suspension or revocation of license; hearing.
26-2-355. Sanitary inspection of building, area, structure, plant, or vehicle used in manufacture, bottling, or distribution.
26-2-356. Applicability of article to dairy or milk processing or distributing plants otherwise licensed.
26-2-357. Penalty.

Article 13 Food Service Establishments.

26-2-370. (See Editor's notes.) Definitions.
26-2-371. Permits - Required; issued by county board of health or Department of Public Health; validity; transferability; rules and regulations by municipalities.
26-2-372. Permits - Issuance; suspension, revocation, or denial; notice and hearing.
26-2-373. Promulgation of rules, regulations, and standards by Department of Public Health and county boards of health; exemption for nonprofit schools and institutions producing own milk.
26-2-373.1. Use of hair nets or hats by food preparers; penalty.
26-2-374. Contents and posting of notices relating to assistance to persons choking; relief from civil liability of persons rendering emergency aid.
26-2-375. Enforcement of article; inspection of food service and food sales establishments.
26-2-376. Review of final order or determination by Department of Public Health; appeal to superior court.
26-2-377. Penalty for violation of article.
26-2-378. Meat products that contain extenders to be displayed on menus or placards; applicability to minor amounts of extenders.

Article 14 Nonprofit Food Sales and Food Service.

26-2-390. Definitions.
26-2-391. Permits for nonprofit food sales and food service at events; duration of permit; issuance of subsequent permits.
26-2-392. Standards for food, labeling, and containers; protection from contamination; temperature; prohibited foods; utensils and equipment; ice; transport to other location; reuse at another event; handwashing facilities; unapproved facilities; use of offsite kitchens.
26-2-393. Enforcement of article.

Article 15 Sale of Meat, Poultry, or Seafood from Mobile Vehicles.

26-2-410. Definitions.
26-2-411. Licensing and inspection of mobile vehicles.
26-2-412. Rules and regulations.
26-2-413. Penalty for violations.

Article 16 Common-sense Consumption.

26-2-430. Short title.
26-2-431. Definitions.
26-2-432. Exemption from liability of food distributors for long-term consumption of food.
26-2-433. Exception to nonliability of food distributors.
26-2-434. Requirements of complaint.
26-2-435. Discovery.
26-2-436. Applicability.

Article 17 Cooperation in Implementation of Federal Food Safety Modernization Act.

26-2-440. Definitions.
26-2-441. Designation of cooperating agency.

Administrative Rules and Regulations.

- General Rules, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Agriculture, Food Division Regulations, Chapter 40-7-1.

Additional Regulations Applicable to Salvageable Foods and Single Service Items, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Agriculture, Food Service Regulations, Chapter 40-7-2.

Additional Regulations Applicable to Corn Meal, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Agriculture, Food Division Regulations, Chapter 40-7-3.

RESEARCH REFERENCES

Foreign Substance in Food or Beverage, 30 POF2d 1.

Food Poisoning, 31 POF2d 31.

ALR.

- Products liability: sufficiency of evidence to support product misuse defense in actions concerning food, drugs, and other products intended for ingestion, 58 A.L.R.4th 7.

ARTICLE 1 GENERAL PROVISIONS

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