06 LC 25
4554S
The
Senate Agriculture and Consumer Affairs Committee offered the following
substitute to HB 1380:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to standards, labeling, and adulteration of food, so as to redefine a term; to
provide certain exemptions from laws relating to adulteration and misbranding of
food; to regulate certain advertising of shelled pecans for sale; to change
certain provisions relating to promulgation of rules, regulations, and standards
by the Department of Human Resources and county boards of health relative to
food service establishments; to provide certain exemptions from laws relating to
food service establishments; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to adulteration and misbranding of food, is amended in Code Section 26-2-21,
relating to definitions relative to said article, by striking paragraph (5) of
subsection (a), and inserting in lieu thereof the following:
"(5)
'Food sales establishment' means retail and wholesale grocery stores; retail
seafood stores and places of business; food processing plants, except those food
processing plants which are currently required to obtain a license from the
Commissioner under any other provision of law; bakeries; confectioneries; fruit,
nuts, and vegetable stores
or roadside
stands; wholesale sandwich and salad
manufacturers, including vending machines and operations connected therewith;
and places of business and similar establishments, mobile or permanent, engaged
in the sale of food primarily for consumption off the
premises;
provided, however, that such term shall not include roadside stands where farm
or garden produce is sold. Within a food
sales establishment, there may be a food service component, not separately
operated, which may serve customers on site. This food service component shall
be considered as part of the food sales establishment. The food sales component
of any food service establishment defined in Code Section 26-2-370 shall not be
included in this definition. This term shall not include 'food service
establishments' as defined in Code Section 26-2-370. This term also shall not
include establishments engaged in the sale of food primarily for consumption off
the premises if such sale is an authorized part of and occurs upon the site of a
fair or festival which:
(A)
Is sponsored by a political subdivision of this state or by an organization
exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25
or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of
Section 501(c) of the Internal Revenue Code, as that code is defined in Code
Section 48-1-2;
(B)
Lasts 120 hours or less; and
(C)
When sponsored by such an organization, is authorized to be conducted pursuant
to a permit issued by the municipality or county in which it is
conducted."
SECTION
2.
Said
article is further amended by adding a new Code section to read as
follows:
"26-2-25.1.
The
provisions of Code Section 26-2-25 shall not apply to any:
(1)
Person not regularly engaged in the business of manufacturing and selling food
and who prepares food only on order of and for sale directly to the ultimate
consumer;
(2)
Educational, charitable, or religious organization not regularly engaged in the
business of manufacturing, processing, or selling food;
(3)
Individual who prepares and sells food that is not potentially hazardous food at
a community event or
farmerś
market, other than a state
farmerś
market, with gross receipts of $2,000.00 or less in a calendar year from all
goods sold at retail, including but not limited to the prepared food items,
subject to the following requirements:
(A)
The seller shall display prominently at the point of sale a clearly legible sign
or placard stating, 'These products are homemade and not subject to state
inspection,' unless the food items were prepared in a kitchen that is licensed
and inspected; and
(B)
Prepared foods sold under this paragraph shall be labeled to accurately reflect
the name and address of the person preparing and selling the foods;
or
(4)
Person who receives less than $2,000.00 in gross receipts in a calendar year
from all goods sold at retail, including but not limited to the sale of
home-processed and home-canned food products, if:
(A)
The products are:
(i)
Pickles, vegetables, or fruits;
(ii)
Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey;
or
(iii)
Home-processed and home-canned in this state;
(B)
The products are sold or offered for sale at a community or social event or a
farmerś
market in this state, other than a state
farmerś
market;
(C)
The seller displays prominently at the point of sale a clearly legible sign or
placard stating, 'These canned goods are homemade and not subject to state
inspection,' unless the products were processed and canned in a kitchen that is
licensed and inspected;
(D)
Each container of the product sold or offered for sale under this paragraph is
accurately labeled to provide the name and address of the person who processed
and canned the goods and the date on which the goods were processed and canned;
and
(E)
The products are not potentially hazardous
foods."
SECTION
3.
Said
article is further amended by adding a new Code section to read as
follows:
"26-2-32.1.
(a)
It shall be unlawful for any person or firm to advertise for sale any shelled
pecans that are less than whole on any outdoor advertising as such term is
defined in Code Section 32-6-71 unless such outdoor advertising states, in
letters at least one-half as tall and bold as the tallest and boldest type on
the outdoor advertising, the size category of shelled pecan materials being
offered for sale, such as but not limited to pecan halves, pieces, granules,
meal, or any combination thereof.
(b)
Violation of subsection (a) of this Code section shall constitute dissemination
of a false advertisement for purposes of Code Section 26-2-22. Each day that an
outdoor advertisement does not conform to the requirements of subsection (a) of
this Code section shall constitute a separate
offense."
SECTION
4.
Article
13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to food service establishments, is amended in Code Section 26-2-373 of the
Official Code of Georgia Annotated, relating to promulgation of rules,
regulations, and standards by the Department of Human Resources and county
boards of health relative to food service establishments, by striking subsection
(a) and inserting in lieu thereof the following:
"(a)
For the purpose of protecting the public health, the Department of Human
Resources shall have the power to adopt and promulgate such rules and
regulations as it deems necessary and proper to carry out the purpose and intent
of this article, including the establishment of reasonable standards of
sanitation for food service establishments and such establishments which are
also retail frozen dessert packagers and the examination and condemnation of
unwholesome food therein.
The Department
of Human Resources shall promulgate rules and regulations for posting the
uniform grading sheet in each food service establishment in a prominent area of
the interior of the food service establishment other than windows and
doors. County boards of health are
authorized to adopt and promulgate supplementary rules and regulations,
including the establishment of reasonable standards of sanitation for food
service establishments, consistent with those adopted and promulgated by the
department. The department and the county boards of health may obtain technical
and laboratory assistance from the Department of
Agriculture."
SECTION
5.
Said
article is further amended by adding a new Code section to read as
follows:
"26-2-379.
This
article shall not apply to any:
(1)
Person not regularly engaged in the business of manufacturing and selling food
and who prepares food only on order of and for sale directly to the ultimate
consumer;
(2)
Educational, charitable, or religious organization not regularly engaged in the
business of manufacturing, processing, or selling food;
(3)
Individual who prepares and sells food that is not potentially hazardous food at
a community event or
farmerś
market, other than a state
farmerś
market, with gross receipts of $2,000.00 or less in a calendar year from all
goods sold at retail, including but not limited to the prepared food items,
subject to the following requirements:
(A)
The seller shall display prominently at the point of sale a clearly legible sign
or placard stating, 'These canned goods are homemade and not subject to state
inspection,' unless the food items were prepared in a kitchen that is licensed
and inspected; and
(B)
Prepared foods sold under this paragraph shall be labeled to accurately reflect
the name and address of the person preparing and selling the foods;
or
(4)
Person who receives less than $2,000.00 in gross receipts in a calendar year
from all goods sold at retail, including but not limited to the sale of
home-processed and home-canned food products, if:
(A)
The products are:
(i)
Pickles, vegetables, or fruits;
(ii)
Products such as cakes, fruit pies, breads, rolls, jams, jellies, and honey;
or
(iii)
Home-processed and home-canned in this state;
(B)
The products are sold or offered for sale at a community or social event or a
farmerś
market in this state, other than a state
farmerś
market;
(C)
The seller displays prominently at the point of sale a clearly legible sign or
placard stating, 'These canned goods are homemade and not subject to state
inspection,' unless the products were processed and canned in a kitchen that is
licensed and inspected;
(D)
Each container of the product sold or offered for sale under this paragraph is
accurately labeled to provide the name and address of the person who processed
and canned the goods and the date on which the goods were processed and canned;
and
(E)
The products are not potentially hazardous
foods."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.