As used in this article, the term:
- “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.
- “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. Such 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; mobile food service establishments; 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. Such term shall not include:
- A food sales establishment, as defined in Code Section 26-2-21, except as otherwise stated in this paragraph;
- The food service component of any food sales establishment defined in Code Section 26-2-21;
- Any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor private school function;
- Any organization which is operating on its own property or on the property of a party that has provided written consent for the use of such property for such purpose and which is 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 for the purpose of operating a house or other residential structures where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported, or stored by volunteer personnel;
- 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 an event which:
- Is sponsored by a political subdivision of this state;
- Is held on the property of such sponsor or on the property of a party that has provided written consent for use of such property for such event; and
- Lasts 120 hours or less; or
- Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter.
- “Mobile food service establishment” means a mobile food service unit operating from a single base of operation and under the managerial authority of one permit holder.
- “Person” or “persons” means any individual, firm, partnership, corporation, trustee, or association, or combination thereof.
History. Ga. L. 1958, p. 371, § 1; Code 1933, § 88-1001, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1985, p. 660, § 1; Ga. L. 1992, p. 1174, § 2; Ga. L. 1998, p. 1220, § 2; Ga. L. 2000, p. 1558, § 3; Ga. L. 2001, p. 1216, § 1; Ga. L. 2008, p. 361, § 1/HB 1303; Ga. L. 2011, p. 308, § 4/HB 457; Ga. L. 2013, p. 760, § 1/HB 101; Ga. L. 2014, p. 857, § 1/HB 778; Ga. L. 2020, p. 808, § 3/SB 345; Ga. L. 2022, p. 574, § 1/HB 1443.
Delayed effective date.
Code Section 26-2-370 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.
The 2022 amendment, effective January 1, 2023, inserted a comma following “food” in paragraph (1); in paragraph (2), substituted “Such” for “This” at the beginning of the second and fifth sentences and substituted “mobile food service establishments” for “food carts; itinerant restaurants” in the second sentence; added paragraph (3); and redesignated former paragraph (3) as present paragraph (4).