The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's consent may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users.
(Code 1981, §26-2-393, enacted by Ga. L. 1992, p. 1174, § 3; Ga. L. 1998, p. 1220, § 3; Ga. L. 2009, p. 453, § 1-6/HB 228; Ga. L. 2011, p. 705, § 6-5/HB 214; Ga. L. 2013, p. 760, § 3/HB 101; Ga. L. 2020, p. 808, § 4/SB 345.)
The 2013 amendment, effective July 1, 2013, substituted "and any party whose property is used for the operation of a nonprofit food sales or food service event without such party's written authorization may seek legal and equitable remedies including, but not limited to, damages and injunctive relief against unauthorized users" for "; provided, however, no adverse action against an organization may be taken by a county or municipality or any agent of a county or municipality, including a denial of a permit or revocation of a permit, or citation for violation of this article, without the written approval of such action by the district health director" at the end of subsection (a).
The 2020 amendment, effective August 5, 2020, deleted the subsection (a) designation; substituted "consent" for "written authorization"; and deleted former subsection (b), which read: "Any organization which is aggrieved or adversely affected by any final order or action of a county board of health or district health director may have review thereof by appeal to the commissioner of public health or his or her designee. Appeals to the commissioner shall be heard after not more than eight hours."
Law reviews.- For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011). For article on the 2013 amendment of this Code section, see 30 Ga. St. U.L. Rev. 147 (2013).
ARTICLE 15 SALE OF MEAT, POULTRY, OR SEAFOOD FROM MOBILE VEHICLES
Administrative Rules and Regulations.
- Additional Regulations Applicable to Retail Sale of Fresh and Frozen Seafood, Meat, Poultry and Other Foods from Mobile Vehicles, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Agriculture, Food Division Regulations, Chapter 40-7-5.