Evidence of Intent to Use as Food; Inspection of Businesses

  1. Law
  2. Georgia Code
  3. Game and Fish
  4. Fish
  5. Seafood
  6. Shellfish
  7. Evidence of Intent to Use as Food; Inspection of Businesses

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  1. The distribution, sale, or possession with intent to distribute or sell any shellfish shall be prima-facie evidence that the shellfish were intended for use as food unless prior written approval from the department authorizing such possession of shellfish is presented.
  2. Game wardens and other authorized personnel of the department are authorized to take samples from, to enter and have access to, and to examine during normal working hours and at any time when the licensed or authorized activity is being conducted all water bottoms, places of business, and other places where shellfish are grown, kept, stored, sold, or held in possession with intent to distribute, sell, or give away. Such personnel are also authorized at any time to take such samples of shellfish as are necessary to carry out the purposes of this article and to have access to and take samples from all streams, tributaries thereof, and lands adjacent thereto, the waters draining from which may come into contact with shellfish. It shall be unlawful for any person to obstruct or in any way interfere with any game warden or other authorized personnel of the department in carrying out the purposes of this article.
  3. Prior to and at point of landing game wardens and other authorized personnel of the department are authorized to seize, confiscate, and remove any and all shellfish discovered which were taken or possessed in violation of this article. Whenever a game warden or other authorized personnel of the department believes that shellfish examined may have been taken, contained, or stored in such a manner that may render the shellfish adulterated, misbranded, tainted, or otherwise which may pose a public health problem, the game warden or other authorized personnel of the department is authorized to seize, confiscate, and remove any and all shellfish. Such shellfish shall be destroyed or returned to the resource according to methods as the department may prescribe.

(Code 1981, §27-4-199, enacted by Ga. L. 1991, p. 693, § 6; Ga. L. 2019, p. 619, § 1/HB 501; Ga. L. 2019, p. 808, § 7/SB 72.)

The 2019 amendments. The first 2019 amendment, effective May 6, 2019, for purposes of promulgating rules and regulations and effective March 1, 2020 for all other purposes, substituted "water bottoms" for "shellfish beds" in the middle of the first sentence of subsection (b). The second 2019 amendment, effective July 1, 2019, substituted "Game wardens" for "Conservation rangers" at the beginning of subsection (b); substituted "game warden" for "conservation ranger" in the last sentence of subsection (b) and in two places in the second sentence in subsection (c); and substituted "game wardens" for "conservation rangers" in the first sentence of subsection (c).

Editor's notes.

- Ga. L. 2019, p. 619, § 3/HB 501, not codified by the General Assembly, provides: "This Act shall become effective upon its approval by the Governor or upon its becoming law with such approval for purposes of promulgating rules and regulations necessary to administer the provisions of this Act and shall become effective on March 1, 2020, for all other purposes." This Act was signed by the Governor on May 6, 2019.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fish, Game, and Wildlife Conservation, § 56 et seq.

C.J.S.

- 36A C.J.S., Fish, § 35.


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