Bill Text: GA HB381 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Food; Georgia Food Act enforcement; change certain provisions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2009-03-12 - Senate Read and Referred [HB381 Detail]
Download: Georgia-2009-HB381-Comm_Sub.html
09 LC
36 1382S
House
Bill 381 (COMMITTEE SUBSTITUTE)
By:
Representatives England of the
108th,
Roberts of the
154th,
Levitas of the
82nd,
McCall of the
30th,
Maddox of the
127th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 2 of Title 26 of the Official Code of Georgia
Annotated, relating to adulteration and misbranding of food, so as to change
certain provisions relating to enforcement of the Georgia Food Act by the
Commissioner of Agriculture and employment of personnel; to provide for reports
to the Commissioner of Agriculture and the United States Department of
Agriculture Food Safety and Inspection Service by representatives of county
boards of health of certain suspected violations; to define a certain term; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating
to adulteration and misbranding of food, is amended by revising Code Section
26-2-33, relating to enforcement of the Georgia Food Act by the Commissioner of
Agriculture and employment of personnel, as follows:
"26-2-33.
(a)(1)
The Commissioner is charged with the duty of enforcing this article and rules,
regulations, and standards adopted and promulgated under this article in
establishments that have the majority of square footage of building floor space
used for the operation of food sales as defined in Code Section 26-2-21. The
measurement of square footage shall consider indoor and outdoor dining areas as
part of food service as defined in Code Section 26-2-370. The Commissioner
shall employ the necessary personnel and shall fix their compensation and
prescribe their duties. Duly authorized representatives
are
shall
be authorized to enter upon and inspect
the premises of any food sales establishment.
(2)
If a representative of a county board of health has cause to suspect that a
violation of this article or any rules, regulations, or standards adopted and
promulgated under this article has occurred at a food processing plant located
within such county, such representative shall immediately report and refer the
matter to the Department of Agriculture. As used in this paragraph, the term
'food processing plant' means a commercial operation that manufactures food for
human consumption and does not provide food directly to a consumer from such
plant's location. Such term shall not include a commercial operation that
produces raw agricultural commodities and that has as an end product a raw
agricultural product or any plant operating under a federal grant of inspection
from the United States Department of Agriculture Food Safety and Inspection
Service.
(3)
If a representative of a county board of health has cause to suspect that a
violation of this article or any rules, regulations, or standards adopted and
promulgated under this article has occurred at any plant operating under a
federal grant of inspection from the United States Department of Agriculture
Food Safety and Inspection Service, such representative shall immediately report
and refer the matter to the United States Department of Agriculture Food Safety
and Inspection Service and shall notify the Department of Agriculture that such
a report and referral has been made and the reason therefore.
(b)
Notwithstanding any other provision of this article, food service establishments
as defined in Code Section 26-2-370 shall be inspected and regulated under
Article 13 of this chapter and shall not be subject to inspection or enforcement
under this article."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.