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

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

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  1. This Code section applies to food items prepared and offered for sale or service by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited.
  2. At all times, including while being stored, prepared, displayed, served, or transported, food shall be protected from potential contamination, including dust, insects, rodents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and overhead leakage or overhead drippage from condensation.
  3. Meat, poultry, seafood, and other animal products shall be cooked to at least the safe minimum cooking temperatures recommended by the United States Department of Agriculture. No raw or undercooked animal products shall be served.
  4. Time/temperature control for safety foods to be served at an event shall be maintained at 41 degrees Fahrenheit or less if held cold or 135 degrees Fahrenheit or more if held hot. A thin probe thermometer shall be used to check temperatures of such foods. The preparation of the following time/temperature control for safety foods is prohibited unless the organization has an established hazard control program:
    1. Pastries filled with cream or synthetic cream;
    2. Custards;
    3. Products similar to the products listed in paragraphs (1) and (2) of this subsection; or
    4. Salads containing meat, poultry, eggs, or fish.
  5. Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients.
  6. Suitable utensils, as needed for serving, must be provided to eliminate bare-hand contact with cooked or ready-to-eat foods. All utensils and equipment shall be washed, rinsed, and sanitized periodically as necessary to prevent contamination or a buildup of food, using separate basins for washing, rinsing, and sanitizing. Disposable utensils may be utilized to meet such requirement.
  7. Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event.
  8. A convenient handwashing facility shall be available for use by individuals preparing and serving food. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Individuals who prepare or serve food shall not make bare-hand contact with ready-to-eat food. Individuals who have a known communicable or transmittable disease, as defined by the Department of Public Health for these purposes, shall not prepare or serve food at an event.
  9. This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. Food items prepared in private homes are prohibited; provided, however, that this shall not apply to any food item produced in compliance with a license issued by the Department of Agriculture pursuant to Article 2 of this chapter.
  10. County boards of health are authorized to provide staff assistance to organizations at events covered under this article for the purpose of providing food safety instruction.
  11. Nothing in this Code section shall prohibit an organization from using an offsite kitchen to prepare food for an event permitted under this article, so long as the offsite kitchen complies with the provisions of this Code section.

(Code 1981, §26-2-392, enacted by Ga. L. 1992, p. 1174, § 3; Ga. L. 1998, p. 1220, § 3; Ga. L. 2020, p. 808, § 4/SB 345.)

The 2020 amendment, effective August 5, 2020, inserted "or service" in the first sentence of subsection (a); deleted the former second sentence of subsection (b), which read: "The temperature of potentially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all times"; added subsection (c); redesignated former subsections (c) and (d) as present subsections (d) and (e), respectively; in subsection (d), added the first and second sentences and substituted "time/temperature control for safety" for "potentially hazardous" in the third sentence; rewrote subsection (f); redesignated former subsections (e) through (h) as present subsections (g) through (j), respectively; added the second sentence in subsection (i); and added subsection (k).


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