Bill Text: GA SB80 | 2009-2010 | Regular Session | Engrossed
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-Engrossed.html
09 SB80/CSFA/1
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
AS
PASSED SENATE
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 prohibited acts; to provide requirements for
testing of samples or specimens of foods by food processing plants for the
presence of poisonous or deleterious substances or other contaminants rendering
such foods injurious to health; 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)
As used in this Code section, the term 'food processing plant' means a
commercial operation that manufactures food for human consumption and does not
provide food directly to a consumer.
(b)(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 and
ingredients by food processing plants for the presence of poisonous or
deleterious substances or other contaminants rendering such foods or ingredients
injurious to health. Such rules or regulations shall identify the specific
classes or types of food processing plants, foods, ingredients, 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 food processing plants. If an operator of a food processing plant submits to
the Commissioner a written food safety plan, such as a hazard analysis critical
control point plan, that documents and describes the procedures used at such
plant to prevent the presence of hazards such as poisonous or deleterious
substances or other contaminants that would render finished foods or finished
ingredients as manufactured at such plant injurious to health, including
preventive controls, monitoring to ensure the effectiveness of such controls,
and records of corrective actions, including actions taken in response to the
presence of known hazards, and if upon review such plan is acceptable to the
Commissioner, then such food processing plant may comply with the requirements
of such food safety plan, including but not limited to any test regimen provided
by such plan, in lieu of complying with a test regimen established by rules or
regulations promulgated by the Commissioner pursuant to this
paragraph.
(2)
In addition to any regular tests required pursuant to paragraph (1) of this
subsection, the Commissioner may order any food processing plant to have samples
or specimens of its foods and ingredients 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 or
ingredients may be injurious to health.
(c)
Any test required pursuant to this Code section shall be performed by qualified
personnel at a laboratory approved by the department.
(d)
A food processing plant shall be responsible for the cost of any testing
required pursuant to this Code section.
(e)
Whenever any person or firm that operates a food processing plant in this state
obtains information from testing of samples or specimens of finished foods or
finished food ingredients as manufactured at such food processing plant which,
based on a confirmed positive test result, indicates the presence of a substance
that would cause a manufactured food bearing or containing the same to be
adulterated within the meaning of paragraph (1) of Code Section 26-2-26, such
person or firm shall report such test result to the department within 24 hours
after obtaining such information.
(f)
Records of the results of any tests required pursuant to this Code section shall
be kept by a food processing plant and made available to the department for
inspection for a period of not less than two years from the date the results
were reported by the laboratory.
(g)
This Code section shall not apply to any food processing plant operating under a
federal grant of inspection from the United States Department of Agriculture
Food Safety and Inspection
Service."
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 or ingredients for the
presence of poisonous or deleterious substances or other contaminants and the
results thereof as may be required pursuant to Code Section
26-2-27.1, 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.