Bill Text: GA SB80 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Food Standards, Labeling/Adulteration; requirements for testing of samples/specimens of food; prohibited acts; change certain prov.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2009-05-01 - Effective Date [SB80 Detail]

Download: Georgia-2009-SB80-Introduced.html

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09 LC 25 5434

Senate Bill 80

By: Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Tolleson of the 20th, Hudgens of the 47th and others

A BILL TO BE ENTITLED
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 prohibited acts; to provide requirements for testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption; to provide for rules and regulations; to change certain provisions relating to right of entry in food establishments and transport vehicles and examination of samples obtained; to provide for inspection of records; 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 in Code Section 26-2-22, relating to prohibited acts, by adding a new paragraph to read as follows:

"(5.1) The failure to comply with testing, reporting, or record-keeping requirements provided by or pursuant to Code Section 26-2-27.1;"

SECTION 2.

Said article is further amended by adding a new Code section to read as follows:

"26-2-27.1.

(a)(1) In order to protect the public health, safety, and welfare and ensure compliance with this article, the Commissioner shall by rule or regulation establish requirements for regular testing of samples or specimens of foods by food sales establishments for the presence of poisonous or deleterious substances or other contaminants rendering such foods injurious to health or otherwise unfit for consumption. Such rules or regulations shall identify the specific classes or types of establishments, foods, and poisonous or deleterious substances or other contaminants that shall be subject to such testing requirements and the frequency with which such tests shall be performed by establishments, provided that any required test shall be performed not less than annually by an establishment that is subject to such testing requirement.

(2) In addition to any regular tests required pursuant to paragraph (1) of this subsection, the Commissioner may order any food sales establishment to have samples or specimens of its foods tested for the presence of any poisonous or deleterious substances or other contaminants whenever in his or her determination there are reasonable grounds to suspect that such foods may be injurious to health or otherwise unfit for consumption.

(3) If a food sales establishment has reasonable grounds to suspect the presence of any poisonous or deleterious substance or other contaminant rendering any of its foods injurious to health or otherwise unfit for consumption, such establishment shall report the same to the department not later than the next business day after becoming aware of such grounds for suspicion.

(b) Any test required pursuant to this Code section shall be performed by qualified personnel at a laboratory approved by the department.

(c) A food sales establishment shall be responsible for the cost of any testing required pursuant to this Code section.

(d) If as a result of testing required pursuant to this Code section the presence of a poisonous or deleterious substance or other contaminant rendering a food injurious to health or otherwise unfit for consumption is detected, such result shall be reported by the food sales establishment to the department not later than the next business day after the receipt of such result from the laboratory.

(e) Records of the results of any tests required pursuant to this Code section shall be kept by a food sales establishment and made available to the department for inspection for a period of not less than three years from the date the results were reported by the laboratory."

SECTION 3.

Said article is further amended by revising Code Section 26-2-36, relating to right of entry in food establishments and transport vehicles and examination of samples obtained, as follows:

"26-2-36.

(a) The Commissioner or his duly authorized agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:

(1) Of inspecting such factory, warehouse, establishment, or vehicle, and any records of testing of samples or specimens of foods for the presence of poisonous or deleterious substances or other contaminants and the results thereof, to determine if any of the provisions of this article are being violated; and

(2) Of securing samples or specimens of any food, after paying or offering to pay for such sample.

(b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated."

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.