07 LC
25 4646/AP
House
Bill 112 (AS PASSED HOUSE AND SENATE)
By:
Representatives McCall of the
30th
and England of the
108th
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 eliminate certain
license fees; to change certain provisions relating to applications for licenses
and permits relative to milk products, duration of licenses, renewal of
licenses, and procedure for denial, revocation, or suspension of licenses; to
change certain provisions relating to license requirements for cream testers; to
change certain provisions relating to licenses for manufacture, bottling, and
distribution of soft drinks, fees, and separate licenses for each business or
bottling or manufacturing plant; 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 revising Code Section
26-2-234, relating to applications for licenses and permits relative to milk
products, duration of licenses, renewal of licenses, and procedure for denial,
revocation, or suspension of licenses, as follows:
"26-2-234.
Application
for all licenses and permits provided for in this article shall be made to the
Commissioner on such forms as he
or
she may prescribe. All licenses shall be
valid for a period of one year unless revoked or suspended as provided in this
article. All licenses shall be renewable upon
payment of
the required fee and submission of all
required application forms. The Commissioner may deny, refuse, suspend, or
revoke any license, after notice and a hearing, for any violation of or failure
to comply with this article or the rules and regulations promulgated hereunder;
provided, however, that the hearing shall be held in accordance with Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act.'"
SECTION
2.
Said
chapter is further amended by revising Code Section 26-2-235, relating to
license requirements for cream testers, as follows:
"26-2-235.
No
person shall act as a cream tester unless he
or
she is licensed, and it shall be unlawful
for any person to employ as a cream tester any person who does not have a
license to operate testing apparatus for milk and cream. The license shall be
posted in a conspicuous place in plain view of all persons entering the room in
which all testing is done.
The fee for
the license shall be
$5.00."
SECTION
3.
Said
chapter is further amended by revising Code Section 26-2-351, relating to
licenses for manufacture, bottling, and distribution of soft drinks, fees, and
separate licenses for each business or bottling or manufacturing plant, as
follows:
"26-2-351.
(a)
In addition to complying with the food laws of this state, no person shall
manufacture,
or
bottle, or
distribute for resale any bottled soft
drink
any soft
drink or soft drink syrup within this
state unless he
or
she has a current
food sales
establishment license from the
Commissioner.
The license
fee shall be $10.00. Licenses shall expire on December 31 of each year and shall
be renewable upon payment of a renewal fee of $10.00 per annum or part thereof.
The Commissioner shall determine the form of the license.
(b)
Each place of business or bottling or manufacturing plant shall be required to
obtain a separate license."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.