§ 26-2-432. Exemption From Liability of Food Distributors for Long-Term Consumption of Food
Except as provided in Code Section 26-2-433, a manufacturer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the federal act, 21 U.S.C. Section 321(f), or an association of one or more such entities, shall not be subject to civil liability arising under any law of this […]
§ 26-2-433. Exception to Nonliability of Food Distributors
The limitation of liability provided for in Code Section 26-2-432 shall not preclude civil liability that might otherwise exist under the law of this state where the claimed injury does not arise out of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly […]
§ 26-2-376. Review of Final Order or Determination by Department of Public Health; Appeal to Superior Court
Any person aggrieved by any final order or determination of any county board of health denying, suspending, or revoking any permit authorized in this article may secure review thereof by the Department of Public Health by appeal in the manner prescribed in Article 1 of Chapter 5 of Title 31. Any person aggrieved by any […]
§ 26-2-434. Requirements of Complaint
In any action exempted under paragraph (1) of Code Section 26-2-433, the complaint initiating such action shall state with particularity the following: The statute, regulation, or other law of this state or of the United States that was allegedly violated; The facts that are alleged to constitute a material violation of such statute, regulation, or […]
§ 26-2-377. Penalty for Violation of Article
Any person who violates any provision of this article or any rule or regulation promulgated under this article by the Department of Public Health or by any county board of health shall be guilty of a misdemeanor. History. Ga. L. 1958, p. 371, § 11; Code 1933, § 88-1008, enacted by Ga. L. 1964, p. […]
§ 26-2-435. Discovery
In any action exempted under Code Section 26-2-433, all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any […]
§ 26-2-378. Meat Products That Contain Extenders to Be Displayed on Menus or Placards; Applicability to Minor Amounts of Extenders
All food service establishments in this state which serve meat products that contain extenders, such as textured vegetable protein, textured soy flour, fortified textured vegetable protein, or other such products, shall display on their menus, or by placards visible to the public, information stating that the meat product contains extenders. Products which contain extenders shall […]
§ 26-2-436. Applicability
The provisions of this article shall apply to all covered claims pending on July 1, 2005, and all claims filed thereafter, regardless of when the claim arose. History. Code 1981, § 26-2-436 , enacted by Ga. L. 2004, p. 767, § 1; Ga. L. 2005, p. 469, § 1/HB 196. Code Commission notes. Pursuant to […]
§ 26-2-379. [Effective January 1, 2023] Recognition of Out of County Mobile Food Services; Unannounced Inspections; Fees; Notifications; Expedited Permitting; Regulation
A county board of health outside a mobile food service establishment’s county of origin shall recognize the permit from the mobile food service establishment’s county of origin as provided for in this Code section. Such recognition shall authorize the mobile food service establishment to operate in an outside county subject to the ordinances of such […]
§ 26-2-440. Definitions
As used in this article, the term: “Administration” means the United States Food and Drug Administration. “Department” means the Georgia Department of Agriculture. “Federal act” means the federal Food Safety Modernization Act, 21 U.S.C. Section 301, et seq. History. Code 1981, § 26-2-440 , enacted by Ga. L. 2017, p. 215, § 1/HB 176; Ga. […]