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

  1. Law
  2. Georgia Code
  3. Food, Drugs, and Cosmetics
  4. Standards, Labeling, and Adulteration of Food
  5. Food Service Establishments
  6. 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

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  1. For the purpose of protecting the public health, the Department of Public Health shall have the power to adopt and promulgate such rules and regulations as it deems necessary and proper to carry out the purpose and intent of this article, including the establishment of reasonable standards of sanitation for food service establishments and such establishments which are also retail frozen dessert packagers and the examination and condemnation of unwholesome food therein. County boards of health are authorized to adopt and promulgate supplementary rules and regulations, including the establishment of reasonable standards of sanitation for food service establishments, consistent with those adopted and promulgated by the department; provided, however, that no county board of health or political subdivision of this state shall enact any ordinance or issue any rules and regulations pertaining to the provision of food nutrition information at food service establishments. As used in this subsection, the term "political subdivision" means any municipality, county, local government authority, board, or commission; however, such term shall not include any state agency or state authority. The department and the county boards of health may obtain technical and laboratory assistance from the Department of Agriculture.
  2. Nonprofit schools and institutions serving family-style meals shall not be included under the present law or any future law or any rule or regulation promulgated pursuant to such laws regulating the dispensing of milk in the kitchens and dining halls of such schools and institutions, provided such school or institution produces the milk on the school's or institution's farm which passes Department of Public Health and local health department sanitary requirements.

(Ga. L. 1958, p. 371, § 4; Code 1933, § 88-1004, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1992, p. 1279, § 2; Ga. L. 2008, p. 361, § 2/HB 1303; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214.)

Cross references.

- Inspection by Commissioner of Agriculture of meat and meat products located within or held for sale or consumption in food service establishments, § 26-2-106.

Administrative Rules and Regulations.

- Food Service, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Human Resources, Public Health, Chapter 290-5-14.

Law reviews.

- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Food, §§ 3, 7. 40A Am. Jur. 2d, Hotels, Motels, and Restaurants, § 29.

C.J.S.

- 36A C.J.S., Food, §§ 3, 4. 43A C.J.S., Inns, Hotels, and Eating Places, § 6.

ALR.

- Validity of statute or ordinance relating to place of sale of food, 52 A.L.R. 669.


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