hb1380_Sen_flr_amend_1_AM_25_0950_8.html
06 AM 25 0950

ADOPTED SENATE

Senators Henson of the 41st, Bulloch of the 11th, Johnson of the 1st and Thompson of the 5th offered the following amendment:

Amend the Senate Agriculture and Consumer Affairs Committee substitute to HB 1380 (LC 25 4554S) by striking line 7 of page 1 and inserting in lieu thereof the following:
laws relating to food service establishments; to regulate the preparation, marketing, sale, and serving of Halal foods; to provide punishment for violations; to define certain terms; to repeal conflicting laws; and for other

By redesignating Sections 4, 5, and 6 as Sections 5, 6, and 7, respectively.

By inserting after Section 3 the following:

SECTION 4.
Said Chapter 2 of Title 26, relating to standard, labeling, and adulteration of food, is further amended by inserting a new Article 11A to read as follows:

"ARTICLE 11A

26-2-340.
As used in this article, the term:
(1) 'Food' means any meat, meat preparation, articles of food, or food products, either raw or prepared for human consumption, and whether to be consumed on the premises where prepared or sold or whether to be taken elsewhere for consumption.
(2) 'Halal food' means food or drink which is permitted for Muslims under Islamic religious or dietary laws, including those laws and customs of zabiha (slaughtered according to Islamic code).
(3) 'Label' means a display of written, printed, or graphic matter on a food product or container or packaging of a food product.
(4) 'Meat' includes without limitation chicken.
(5) 'Person' means any hotel, inn, grocery, butcher shop, restaurant keeper, or any individual, firm, or corporation operating a boarding house, eating house, lunchroom business, or catering business.

26-2-341.
(a) No person, with intent to defraud, shall sell, prepare, or expose for sale food which such person falsely represents to be Halal food.
(b) No person shall falsely represent any food or the contents of any package or container to be Halal by having or permitting to be inscribed on it, in any language, the word 'Halal.'
(c) Nothing contained in this Code section shall prohibit the use of the words 'Halal type' or 'Halal style food' in advertising.

26-2-342.
No person, with intent to defraud, shall display any signs around his or her place of business or place any advertisements in any newspaper, magazine, periodical, or other publication, which signs or advertisements falsely represent non-Halal food sold, prepared, or offered for sale to be Halal food.

26-2-343.
No person preparing or serving food shall prepare, sell, serve, or prepare for sale, either to be consumed on the premises or elsewhere, Halal and non-Halal food in the same place of business, unless such person:
(1) Keeps separate kitchens where the food is prepared;
(2) Keeps and uses separate and distinctly labeled or marked dishes and utensils in and with which the food is prepared and served;
(3) Indicates on all signs and similar display advertising in, on, or about such persońs premises, in block letters at least four inches in height, 'Halal and non-Halal food prepared or served here'; and
(4) Stores, displays, and packs Halal food separately from non-Halal food.

26-2-344.
The trier of fact may it in its discretion infer that possession of non-Halal food in any place of business advertising that the only food sold or offered for sale therein is Halal food constitutes intent to defraud under Code Section 26-2-341 or 26-2-342.

26-2-345.
Any person who violates any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $25.00 nor more than $500.00, or by imprisonment for not less than 30 days nor more than six months, or both."