Bill Text: GA HB12 | 2011-2012 | Regular Session | Introduced

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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

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11 LC 25 5737

House Bill 12

By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED
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.