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.