Section 26-2-231. Definitions

   (a) As used in this article, the term:

   (1) "Commissioner" means the Commissioner of Agriculture for the State of Georgia.

   (2) "Cream tester" means any person who performs the act of sampling or testing milk, cream, or other dairy products, the test of which is to be used as a basis for making payment for said products.

   (3) "Dairy manufacturing plants" means creameries, condenseries, public dairies, butter factories, cheese factories, ice cream factories, and other like factories, and any other concerns that manufacture dairy products for sale at either retail or wholesale; provided, however, that the term dairy manufacturing plant shall not include a retail frozen dessert packager which is otherwise permitted as a food service establishment pursuant to Article 13 of this chapter.

   (4) "Department" means the Department of Agriculture of the State of Georgia.

   (5) Reserved.

   (6) Reserved.

   (7) "Manufactured milk products" means those milk products, including condensed, evaporated, concentrated, sterilized, or powdered milk, made from raw whole milk for manufacturing purposes and processed in such a manner and under such conditions as to remove or sterilize, as far as is possible, any contaminated matter contained in the raw milk from which the products were manufactured, under such rules and regulations as may be prescribed to ensure that result.

   (8) Reserved.

   (9) Reserved.

   (10) "Person" means any individual, partnership, firm, company, or corporation.

   (11) "Public dairies" means any place where milk and cream are purchased from producers and sold or kept for sale, either at wholesale or retail.

   (12) "Raw whole milk for manufacturing purposes" means fluid whole milk in its natural state from healthy cows, which milk has not been produced and handled in compliance with the requirements for Grade A milk.

   (13) Reserved.

   (14) "Ungraded milk" means all fluid whole milk in its natural state, which milk fails to meet the requirements of Grade A milk or raw whole milk for manufacturing purposes as defined in this article.

(b) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in the May, 2001, Amended Version of the Grade A Pasteurized Milk Ordinance Recommendations of the United States Public Health Service --- Food and Drug Administration and supplements thereto:

   (1) "Raw cow's milk";

   (2) "Grade A whole milk";

   (3) "Grade A milk, pasteurized";

   (4) "Grade A skim milk";

   (5) "Grade A buttermilk";

   (6) "Grade A chocolate milk";

   (7) "Grade A modified solids milk"; and

   (8) "Pasteurization."

(c) Unless otherwise defined in this article, the following words shall have the meanings respectively ascribed to them in "Frozen Desserts," 21 C.F.R. Sec. 135.3, 21 C.F.R. Sec. 135.110 -- 135.160 (1979):

   (1) "Ice cream";

   (2) "Frozen custard";

   (3) Reserved;

   (4) "Sherbet"; and

   (5) "Water ices."

Ga. L. 1929, p. 280, § 2; Code 1933, § 42-502; Ga. L. 1935, p. 167, § 2; Ga. L. 1937, p. 725, § 1; Ga. L. 1961, p. 501, §§ 1, 3-5; Ga. L. 1980, p. 981, § 2; Ga. L. 1992, p. 1279, § 1; Ga. L. 1999, p. 638, § 1; Ga. L. 2000, p. 1291, § 1; Ga. L. 2002, p. 815, § 2; Ga. L. 2003, p. 140, § 26.