Georgia-2009-HB1525-Introduced

By: Representatives Meadows of the 5th, England of the 108th, McCall of the 30th, Burns of the 157th, and Roberts of the 154th

A BILL TO BE ENTITLED
AN ACT

To establish the "Georgia Packaged Food Origin Labeling Act"; to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to provide for the inclusion of the country of origin on the package label of packaged food products sold in this state; to provide for a short title; to provide for legislative intent; to define certain terms; to provide for implementation and enforcement; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, is amended by adding a new article to read as follows:

This article shall be known and may be cited as the 'Georgia Packaged Food Origin Labeling Act.'

It is the intent of the General Assembly to provide Georgia citizen consumers with information regarding packaged food products so that Georgia consumers are aware of the source of the packaged food products that are purchased in this state. Therefore, this article is established to require that the country of origin shall be identified on all food package labels.

(a) For purposes of this article, the term:

(1) 'Country of origin' means the country where a food product is packaged. Country of origin shall not require the identity of the country where the food product was grown where such country is different from the country where such food is packaged.

(2) 'Food' means products used for human consumption including items for drinking, chewing, or items eaten.

(3) 'Food sales establishment' shall have the same meaning as provided in Code Section 26-2-21.

(4) 'Label' shall have the same meaning as provided in Code Section 26-2-21.

(5) 'Person' means an individual, partnership, corporation, or association, or any combination thereof.

(b) All packaged foods sold in this state shall identify the country of origin on the food packaging label. In the event that the country of origin is not listed on the original printed food packaging label, it shall be the responsibility of the food sales establishment offering such food for sale in this state to provide a label identifying the country of origin and securely attach such label to the packaged food unit before offering the packaged food product for sale.

(a) The requirements of this article shall be enforced by the Commissioner and the Commissioner shall be authorized to adopt rules and regulations for the implementation of this article consistent with the legislative intent expressed in Code Section 26-2-451.

(b) The Commissioner is authorized to apply to the superior court of the appropriate county for an injunction to prevent violations of this article. Such court shall have jurisdiction, upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating this article, notwithstanding the existence of an adequate remedy at law.

(c) A person who violates Code Section 26-2-452 shall be guilty of a misdemeanor. In addition, the Commissioner is authorized to utilize those methods of enforcement and civil penalties provided for in Code Section 26-2-82 for the enforcement of the provisions of this article."

This Act shall become effective January 1, 2011, and shall apply to packaged food products sold by food sales establishments on or after such date.