08 LC
36 0972/AP
House
Bill 1303 (AS PASSED HOUSE AND SENATE)
By:
Representatives Coan of the
101st,
Keen of the
179th,
Ehrhart of the
36th,
Peake of the
137th,
Hamilton of the
23rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 13 of Chapter 2 of Title 26 of the Official Code of Georgia
Annotated, relating to food service establishments, so as to provide that food
nutrition information at food service establishments shall not be regulated by
any county board of health or political subdivision of this state; to provide
for a definition of a certain term; 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
13 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to food service establishments, is amended by revising of Code Section 26-2-370,
relating to definitions, as follows:
"26-2-370.
As
used in this article, the term:
(1)
'Food nutrition information' means the content of food including, but not
limited to, the caloric, fat, carbohydrate, cholesterol, fiber, sugar,
potassium, protein, vitamin, mineral, and sodium content.
(1)(2)
'Food service establishment' means establishments for the preparation and
serving of meals, lunches, short orders, sandwiches, frozen desserts, or other
edible products either for carry out or service within the establishment. The
term includes restaurants; coffee shops; cafeterias; short order cafes;
luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads;
soda fountains; institutions, both public and private; food carts; itinerant
restaurants; industrial cafeterias; catering establishments; and similar
facilities by whatever name called. Within a food service establishment, there
may be a food sales component, not separately operated. This food sales
component shall be considered as part of the food service establishment. This
term shall not include a 'food sales establishment,' as defined in Code Section
26-2-21, except as stated in this definition. The food service component of any
food sales establishment defined in Code Section 26-2-21 shall not be included
in this definition. This term shall not include any outdoor recreation activity
sponsored by the state, a county, a municipality, or any department or entity
thereof, any outdoor public school function, or any outdoor private school
function. This term also shall not mean establishments for the preparation and
serving of meals, lunches, short orders, sandwiches, frozen desserts, or other
edible products if such preparation or serving 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.
(2)(3)
'Person' or 'persons' means any individual, firm, partnership, corporation,
trustee, or association, or combination thereof.
SECTION
2.
Said
article is further amended by revising subsection (a) of Code Section 26-2-373,
relating to the promulgation of rules, regulations, and standards by the
Department of Human Resources and county boards of health, as
follows:
"26-2-373.
(a)
For the purpose of protecting the public health, the Department of Human
Resources shall have the power to adopt and promulgate such rules and
regulations as it deems necessary and proper to carry out the purpose and intent
of this article, including the establishment of reasonable standards of
sanitation for food service establishments and such establishments which are
also retail frozen dessert packagers and the examination and condemnation of
unwholesome food therein. County boards of health are authorized to adopt and
promulgate supplementary rules and regulations, including the establishment of
reasonable standards of sanitation for food service establishments, consistent
with those adopted and promulgated by the
department;
provided, however, that no county board of health or political subdivision of
this state shall enact any ordinance or issue any rules and regulations
pertaining to the provision of food nutrition information at food service
establishments. As used in this subsection, the term 'political subdivision'
means any municipality, county, local government authority, board, or
commission; however, such term shall not include any state agency or state
authority. The department and the county
boards of health may obtain technical and laboratory assistance from the
Department of Agriculture."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.