(See Editor's notes.) Definitions

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Food Service Establishments
  6. (See Editor's notes.) Definitions

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As used in this article, the term:

  1. "Food nutrition information" means the content of food including, but not limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar, potassium, protein, vitamin, mineral, and sodium content.
  2. "Food service establishment" means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. This term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include:
    1. A food sales establishment, as defined in Code Section 26-2-21, except as otherwise stated in this paragraph;
    2. The food service component of any food sales establishment defined in Code Section 26-2-21;
    3. Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function;
    4. Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel;
    5. Establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving is an authorized part of and occurs upon the site of an event which:
      1. Is sponsored by a political subdivision of this state;
      2. Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and
      3. Lasts 120 hours or less; or
    6. Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter.
  3. "Person" or "persons" means any individual, firm, partnership, corporation, trustee, or association, or combination thereof.

(Ga. L. 1958, p. 371, § 1; Code 1933, § 88-1001, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1985, p. 660, § 1; Ga. L. 1992, p. 1174, § 2; Ga. L. 1998, p. 1220, § 2; Ga. L. 2000, p. 1558, § 3; Ga. L. 2001, p. 1216, § 1; Ga. L. 2008, p. 361, § 1/HB 1303; Ga. L. 2011, p. 308, § 4/HB 457; Ga. L. 2013, p. 760, § 1/HB 101; Ga. L. 2014, p. 857, § 1/HB 778; Ga. L. 2020, p. 808, § 3/SB 345.)

The 2013 amendment, effective July 1, 2013, in paragraph (2), substituted "an event" for "a fair or festival" at the end of the introductory language, added present subparagraph (2)(B), and redesignated former subparagraphs (2)(B) and (2)(C) as present subparagraphs (2)(C) and (2)(D), respectively.

The 2014 amendment, effective July 1, 2014, added the next-to-the last sentence in paragraph (2).

The 2020 amendment, effective August 5, 2020, rewrote paragraph (2).

For application of this statute in 2020, see Executive Orders 05.12.20.02, 05.28.20.02, 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02. 08.15.20.01, and 08.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, "lunchrooms" was substituted for "lunch rooms" in the second sentence of paragraph (1) (now paragraph (2)).

Pursuant to Code Section 28-9-5, in 1986, a semicolon was substituted for a comma following "lunchrooms" in the second sentence of paragraph (1) (now paragraph (2)).

Law reviews.

- For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 147 (2013).

OPINIONS OF THE ATTORNEY GENERAL

Food retailers with seating subject to inspection.

- Food sales establishments defined in Ga. L. 1956, p. 195, § 2 (see now O.C.G.A. § 26-2-21(a)(5)) providing seating arrangements and other conveniences within its premises for customers to use in eating food items purchased in that store shall be subject to inspection as a "food service establishment," as defined in former Code 1933, § 88-1001 (see now O.C.G.A. § 26-2-370). 1978 Op. Att'y Gen. No. 78-65.

Establishments selling food on a "walk-up" or "drive-up" basis are food service establishments and as such are subject to regulation by the Department of Human Resources. 1991 Op. Att'y Gen. No. U91-9.

RESEARCH REFERENCES

Am. Jur. 2d.

- 40A Am. Jur. 2d, Hotels, Motels, and Restaurants, §§ 9, 10, 27.

C.J.S.

- 36A C.J.S., Food, § 1. 43A C.J.S., Inns, Hotels, and Eating Places, § 5.

ALR.

- What is "restaurant," "cafe," or "victualing house" within Sunday Law, 9 A.L.R. 428.

Validity, construction, and application of statutes or ordinances prohibiting or regulating automatic vending machines, 111 A.L.R. 755; 151 A.L.R. 1195.


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