 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 26. FOOD, DRUGS, AND COSMETICS |
|
|
Chapter 2. STANDARDS, LABELING, AND ADULTERATION OF FOOD |
|
|
Article 2. ADULTERATION AND MISBRANDING OF FOOD |
| § 26-2-20. Short title |
| § 26-2-21. Definitions |
| § 26-2-22. Prohibited acts |
| § 26-2-23. Injunctions for violations of Code Section 26-2-22 |
| § 26-2-24. Penalty for violation of Code Section 26-2-22; exceptions |
| § 26-2-25. Licensing of food sales establishments; revocation; notice and hearing; transferability; posting of license; fees; rules and regulations |
| § 26-2-26. When food deemed adulterated |
| § 26-2-27. Poisonous or deleterious substances in food; exception for required substances |
| § 26-2-27.1. Testing of specimens from food processing centers; consistency in standards; cost; retention of records from testing; exemption |
| § 26-2-28. When food deemed misbranded |
| § 26-2-29. Misleading advertisements; certain practices declared misleading |
| § 26-2-30. Factors to be taken into account in determining whether labels or advertisements are misleading |
| § 26-2-30.1. Beef produced without antibiotics or growth hormones; "Georgia lean" beef |
| § 26-2-31. Repacking of flour, grits, hominy, and cornmeal; exceptions |
| § 26-2-32. Honey and imitation honey labels |
| § 26-2-33. Enforcement of article by Commissioner; employment of personnel |
| § 26-2-34. Promulgation of regulations; notice and hearing for proposed amendments |
| § 26-2-35. Food regulations |
| § 26-2-36. Right of entry in food establishments and transport vehicles; examination of samples obtained |
| § 26-2-37. Temporary permits |
| § 26-2-38. Detention or embargo of adulterated or misbranded food |
| § 26-2-39. Summaries of judgments, decrees, and court orders; dissemination of information in the interest of health and protection of consumers against fraud |
| § 26-2-40. Minor violations of article |
| § 26-2-41. Prosecution of violations; notice to defendant prior to institution of criminal proceeding |
REFS & ANNOS
TITLE 26 Chapter 2 Article 2 NOTE
CROSS REFERENCES. --Authority of Commissioner of Agriculture to impose penalty in lieu of other action, § 2-2-10. Powers and duties of Commissioners with regard to use, and advertisement of weights and measures pertaining to commodities generally, § 10-2-1 et seq.
JUDICIAL DECISIONS
PURPOSE OF O.C.G.A. TITLE 26, CHAPTER 2, ARTICLE 2. --O.C.G.A. Title 26, Chapter 2, Article 2, the "Georgia Food Act", is a consumer protection Act, designed not to render the workplace a safe environment, but to prevent the sale and distribution of adulterated or misbranded foods to consumers. While safety in the workplace and compensation for injuries arising out of work activities are indeed matters of contemporary concern, they are the subject of other legislative enactments on both the state and federal level. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
DETERMINING IF VIOLATION IS NEGLIGENCE PER SE. --In determining whether the violation of a statute or ordinance, such as O.C.G.A. Title 26, Chapter 2, Article 2, is negligence per se as to a particular person, it is necessary to examine the purposes of the legislation and decide: (1) whether the injured person falls within the class of persons it was intended to protect; and (2) whether the harm complained of was the harm it was intended to guard against. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
INJURIES SUSTAINED OTHER THAN IN CONSUMPTION OF FOOD NOT ACTIONABLE UNDER O.C.G.A. TITLE 26, CHAPTER 2, ARTICLE 2. --Where plaintiff brought action to recover for personal injuries which plaintiff allegedly sustained when bitten by a spider while unloading bananas from a truck and the incident occurred during the course of plaintiff's employment, because the alleged injuries did not arise incident to plaintiff's consumption of the bananas, the trial court was correct in concluding that O.C.G.A. Title 26, Chapter 2, Article 2 affords the plaintiff no basis for recovery. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
CITED in Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987).
JUDICIAL DECISIONS
PURPOSE OF O.C.G.A. TITLE 26, CHAPTER 2, ARTICLE 2. --O.C.G.A. Title 26, Chapter 2, Article 2, the "Georgia Food Act", is a consumer protection Act, designed not to render the workplace a safe environment, but to prevent the sale and distribution of adulterated or misbranded foods to consumers. While safety in the workplace and compensation for injuries arising out of work activities are indeed matters of contemporary concern, they are the subject of other legislative enactments on both the state and federal level. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
DETERMINING IF VIOLATION IS NEGLIGENCE PER SE. --In determining whether the violation of a statute or ordinance, such as O.C.G.A. Title 26, Chapter 2, Article 2, is negligence per se as to a particular person, it is necessary to examine the purposes of the legislation and decide: (1) whether the injured person falls within the class of persons it was intended to protect; and (2) whether the harm complained of was the harm it was intended to guard against. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
INJURIES SUSTAINED OTHER THAN IN CONSUMPTION OF FOOD NOT ACTIONABLE UNDER O.C.G.A. TITLE 26, CHAPTER 2, ARTICLE 2. --Where plaintiff brought action to recover for personal injuries which plaintiff allegedly sustained when bitten by a spider while unloading bananas from a truck and the incident occurred during the course of plaintiff's employment, because the alleged injuries did not arise incident to plaintiff's consumption of the bananas, the trial court was correct in concluding that O.C.G.A. Title 26, Chapter 2, Article 2 affords the plaintiff no basis for recovery. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).
CITED in Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987).