06 LC 25
4566S
The
House Committee on Agriculture and Consumer Affairs offers the following
substitute to SB 96:
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 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 $10,000.00 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 $10,000.00 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 having an equilibrium pH value of 4.6 or
lower;
(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, food
service establishment permitted under Article 13 of this chapter, roadside
stand, or
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 products are homemade and not subject to state
inspection,' unless the products were processed and canned in a kitchen that is
licensed and inspected; and
(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."
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, relating to food service establishments, is 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 $10,000.00 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 $10,000.00 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 having an equilibrium pH value of 4.6 or
lower;
(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, food
service establishment permitted under this article, roadside stand, or
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 products are homemade and not subject to state
inspection,' unless the products were processed and canned in a kitchen that is
licensed and inspected; and
(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."
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.