05 LC
25 3860
Senate
Bill 96
By:
Senators Henson of the 41st, Thompson of the 5th and Fort of the 39th
AS
PASSED SENATE
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 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 purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,
labeling, and adulteration of food, is 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.
(4)
'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.
Possession
of non-Halal food in any place of business advertising that the only food sold
or offered for sale therein is Halal food shall be prima-facie evidence of
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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.