05 LC 25
3887
House
Bill 576
By:
Representatives Loudermilk of the
14th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia
Annotated, relating to milk and milk products, so as to change certain
provisions relating to definitions; to change certain provisions relating to
standards and requirements as to sale of milk and milk products generally,
labeling, and sale of ungraded milk, raw whole milk, and condensed or evaporated
milk; to provide for sales of raw milk on farms directly to consumers under
certain circumstances; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to milk and milk products, is amended in Code Section 26-2-231, relating to
definitions, by striking paragraphs (12) through (14) and inserting in lieu
thereof the following:
"(12)
'Raw whole
milk for human consumption' means fluid whole milk in its natural state from
healthy cows or goats, which milk although not pasteurized has been produced and
handled in compliance with the requirements for Grade A milk to the extent
otherwise required by this article.
(13)
Reserved.
'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.
(14)
'Ungraded milk' means all fluid whole milk in its natural state, which milk
fails to meet the requirements of Grade A
milk, raw
whole milk for human consumption, or raw
whole milk for manufacturing purposes as defined in this
article."
SECTION
2.
Said
article is further amended in Code Section 26-2-242, relating to standards and
requirements as to sale of milk and milk products generally, labeling, and sales
of ungraded milk, raw whole milk, and condensed or evaporated milk, by adding a
new subsection to read as follows:
"(c.1)(1)
The sale of raw whole milk for human consumption to consumers is prohibited
unless:
(A)
The producer holds a permit issued by the department for such purposes;
(B)
The sale and delivery of the milk to the consumer is made upon the premises
where the milk is produced;
(C)
The sale is to consumers for household use and not for resale;
(D)
The milk is bottled or otherwise contained on the premises where the milk is
produced in sanitary containers furnished by the producer under sanitary
conditions, labeled 'raw
coẃs
milk' or 'raw
goat́s
milk' as applicable, and meets the other labeling requirements;
(E)
The milk is cooled to 50 degrees or lower Fahrenheit within one hour after being
drawn from the dairy animal and maintained at such temperature until delivered
to the consumer;
(F)
The bacterial plate count of the milk does not exceed 20,000 per c.c. or the
direct microscopic count of which does not exceed 20,000 per c.c. if individual
colonies are counted or 80,000 per c.c. if individual organisms are counted and
meets the coliform count and bacterial and coliform enforcement standards for
grade A pasteurized milk;
(G)
The production of the milk conforms in all other particulars to state law and
departmental regulations for the production of grade A milk;
(H)
All dairy animals on the premises are identified by a mark or breed registration
papers and are free of tuberculosis, brucellosis, and other diseases carried
through milk; and
(I)
All persons on the premises performing any work in connection with the
production, bottling, handling, or sale of the raw milk are free from
communicable disease.
(2)
If the department finds that the production, handling, or sale of raw milk or
the bacteria counts violate those allowed by this subsection or that the health
of any person or dairy animal is in violation of this subsection, then the
permit of such raw milk producer shall be suspended until such time as
compliance is had with this
subsection."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.