08 LC 14
9834
Senate
Bill 533
By:
Senators Chance of the 16th, Hawkins of the 49th, Chapman of the 3rd, Rogers of
the 21st, Staton of the 18th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 10 of Chapter 2 of Title 26 of the Official Code of Georgia
Annotated, relating to fish and other seafoods, so as to provide for certain
regulations regarding seafood; to require certain disclosures; to provide for
definitions; to provide for violations; to provide for penalties for said
violations; to provide for injunction under certain circumstances; to make
certain conforming amendments; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
10 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to fish and other seafoods, is amended by designating the existing provisions of
said article as "Part 1" of said article and by adding a new part to read as
follows:
"Part
2
26-2-321.
As
used in this part, the term:
(1)
'Aquaculture' means the farming of aquatic animals and aquatic
plants.
(2)
'Commissioner' means the Commissioner of Agriculture.
(3)
'Direct retail sale' means the sale of seafood individually or in small
quantities directly to the consumer.
(4)
'Distributor' means any person offering for sale, exchange, or barter any
seafood destined for direct retail sale in Georgia.
(5)
'Processor' means any person engaged in handling, storing, preparing,
manufacturing, packing, or holding seafood.
(6)
'Retailer' means any person offering for sale seafood to individual consumers
and representing the last sale prior to human consumption.
(7)
'Seafood' means all fresh, frozen, or canned fish and shellfish, such as shrimp,
oysters, clams, scallops, lobsters, crayfish, and other similar fresh, frozen,
or canned edible products from any other marine creatures, including but not
limited to shark and squid.
26-2-322.
No
seafood shall be offered for direct retail sale for human consumption by a
restaurant or other eating establishment unless the seafood is identified on the
menu:
(1)
As 'farm-raised' if the seafood has been produced through aquaculture;
and
(2)
As 'imported from
(name of
country)' if the seafood was imported into
the United States from another country.
26-2-323.
(a)
No seafood shall be offered for wholesale or retail sale for human consumption
by a processor, distributor, or retailer unless the seafood is specifically
labeled:
(1)
As 'farm-raised' if the seafood has been produced through
aquaculture;
(2)
As 'imported from
(name of
country)' if the seafood was imported into
the United States from another country.
(b)
Any retailer selling seafood not wrapped or in a container may comply with this
part by placing a sign on the display case or refrigeration unit so that the
sign is reasonably visible to the consumer and contains the information
otherwise required on the label.
26-2-324.
Any
advertising as to the restaurant or retail sale of any seafood shall state
whether the seafood is farm-raised or imported from another country and if the
seafood is imported shall name the country of origin.
26-2-325.
For
purposes of this part, seafood is imported from another country if it is
either:
(1)
Shipped to this country from any other country; or
(2)
Caught or harvested in whole or in part in another country or in the territorial
waters of another country.
26-2-326.
All
persons selling seafood within this state that are regulated by this part shall
preserve and maintain all records of their purchases and sales of seafood for a
period of two years after such purchases and sales have occurred. If such
records are not kept on the premises, then such person has 14 days to produce
the records.
26-2-327.
(a)
The Commissioner shall be authorized to promulgate any valid rule or regulation
for the purpose of implementing this part.
(b)
Any person who violates any provision of this part shall be guilty of a
misdemeanor and, upon conviction, shall be punished by imprisonment for not less
than 30 days nor more than six months or by a fine of not less than $50.00 nor
more than $500.00, or by both fine and imprisonment, in the discretion of the
court.
(c)
No person shall be subject to penalties pursuant to this Code section for
receiving for transportation any seafood in violation of this part if the
receipt was made in good faith unless the person refuses to furnish on request
of a representative of the Commissioner the name and address of the person from
whom he or she received the seafood and copies of all documents, if there are
any, pertaining to the delivery of the seafood to him or her.
(d)
Notwithstanding the existence of other remedies at law, the Commissioner is
authorized to apply for and the court is authorized to grant a temporary or
permanent injunction restraining any person from violating or continuing to
violate any of the provisions of this part or any rule or regulation promulgated
under this part."
SECTION
2.
Said
article is further amended by replacing "article" with "part" wherever the
former occurs in:
(1)
Code Section 26-2-310, relating to definitions regarding fish and other
seafoods;
(2)
Code Section 26-2-311, relating to administration by the Commissioner of
Agriculture;
(3)
Code Section 26-2-312, relating to wholesale fish dealers´
licenses;
(4)
Code Section 26-2-319, relating to allocation of license fees; and
(5)
Code Section 26-2-320, relating to penalty for violating article.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.