Penalty for Violation of Code Section 26-2-22; Exceptions

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Adulteration and Misbranding of Food
  6. 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 undertaking signed by, and containing the name and address of, the person residing in this state from whom he or she received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article and designating this article;
  2. No publisher, radiobroadcast licensee, or agency or medium for the dissemination of an advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be liable under this Code section by reason of the dissemination by him or her of such false advertisement unless he or she has refused, on the request of the Commissioner, to furnish the Commissioner the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency who caused him or her to disseminate such advertisement; and
  3. If the removal or disposal of a detained or embargoed article creates a significant eminent threat or danger to human health, any person who violates paragraph (8) of Code Section 26-2-22 by removing or disposing of such detained or embargoed article and introducing or attempting to introduce said article into commerce for the purpose of human consumption or processing for human consumption in violation of Code Section 26-2-38 shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one nor more than two years.

(Ga. L. 1956, p. 195, § 5; Ga. L. 1998, p. 189, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, § 53 et seq. 74 Am. Jur. 2d, Telecommunications, § 195.

C.J.S.

- 36A C.J.S., Food, § 52 et seq.

ALR.

- Seller's duty to ascertain at his peril that articles of food conform to food regulations, 28 A.L.R. 1385.

Penal offense predicated upon violation of food law as affected by ignorance or mistake of fact, lack of criminal intent, or presence of good faith, 152 A.L.R. 755.

Liability of packer, foodstore, or restaurant for causing trichinosis, 96 A.L.R.3d 451.


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