Bill Text: GA HB12 | 2011-2012 | Regular Session | Introduced
Bill Title: Georgia Food Freedom Act; enact
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - House Second Readers [HB12 Detail]
Download: Georgia-2011-HB12-Introduced.html
11 LC
25 5737
House
Bill 12
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating
to general provisions relative to agriculture, so as to exempt from local
regulations certain retail sales of Georgia grown agricultural or farm products
directly from the producer to the consumer as food for human consumption; to
amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia
Annotated, relating to general provisions relative to standards, adulteration,
and misbranding of food, so as to exempt from certain prohibitions and
regulation the retail sales of Georgia grown agricultural or farm products
directly from the producer to the consumer as food for human consumption; to
provide a short title; to provide an effective date; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Georgia Food Freedom
Act."
SECTION
2.
Chapter
1 of Title 2 of the Official Code of Georgia Annotated, relating to general
provisions relative to agriculture, is amended by revising Code Section 2-1-6,
relating to preemption of local ordinances relating to production of
agricultural farm products, as follows:
"2-1-6.
(a)(1)
No county, municipality, consolidated government, or other political subdivision
of this state shall adopt or enforce any ordinance, rule, regulation, or
resolution regulating crop management or animal husbandry practices involved in
the production of agricultural or farm products on any private
property.
(2)(A)
As used in this paragraph, the term 'unprocessed' means agricultural or farm
products that have not been shelled, canned, cooked, fermented, distilled,
preserved, ground, crushed, or slaughtered.
(B)
No county, municipality, consolidated government, or other political subdivision
of this state shall adopt or enforce any ordinance, rule, regulation, or
resolution that prohibits or regulates the retail sale or distribution of
unprocessed agricultural or farm products grown or raised in this state directly
from the producer to the consumer as food for human consumption.
(b)
Subsection (a) of this Code section shall not prohibit or impair the power of
any local government to adopt or enforce any zoning ordinance or make any other
zoning decision. As used in this subsection, the terms 'local government',
'zoning decision', and 'zoning ordinance' have the same meanings provided by
Code Section 36-66-3.
(c)
Subsection (a) of this Code section shall not prohibit or impair any existing
power of a county, municipality, consolidated government, or other political
subdivision of this state to adopt or enforce any ordinance, rule, regulation,
or resolution regulating land application of human waste."
SECTION
3.
Article
1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to general provisions relative to standards, adulteration, and misbranding of
food, is amended by adding a new Code section to read as follows:
"26-2-5.
(a)
As used in this Code section, the term 'unprocessed' means agricultural or farm
products that have not been shelled, canned, cooked, fermented, distilled,
preserved, ground, crushed, or slaughtered.
(b)
Except for Title 16, nothing in this Code or any rule or regulation adopted
pursuant thereto shall prohibit or regulate the retail sale or distribution of
unprocessed agricultural or farm products grown or raised in this state directly
from the producer to the consumer as food for human
consumption."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.
