Georgia House of Representatives - 1995/1996 Sessions

HB 126 - Peanuts and peanut products; labeling requirements

Page Numbers - 1/ 2

Code Sections - 26-2-28.1

1. Reaves  178th          2. Purcell  147th          3. Floyd  138th
4. Holland  157th         5. Greene  158th


House Comm: Ag         /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/10/95  Read 1st Time                                                                
              1/11/95  Read 2nd Time                                                                
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Code Sections amended: 26-2-28.1                                                                    


HB 126                                            LC 18 6516






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 2 of Chapter 2 of Title 26 of the Official
  1- 2  Code of Georgia Annotated, relating to adulteration and
  1- 3  misbranding of food, so as to provide for labeling
  1- 4  requirements for peanuts and peanut products; to provide for
  1- 5  definitions; to repeal conflicting laws; and for other
  1- 6  purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Article 2 of Chapter 2 of Title 26 of the Official Code of
  1- 9  Georgia Annotated, relating to adulteration and misbranding
  1-10  of food, is amended by adding a new Code section immediately
  1-11  following Code Section 26-2-28, to be designated Code
  1-12  Section 26-2-28.1, to read as follows:

  1-13    "26-2-28.1. (Index)

  1-14    (a) As used in this Code section the term:

  1-15      (1) 'Peanuts' means peanuts and peanut products produced
  1-16      in this state, any other state, or any other country, or
  1-17      any class, variety, or utilization thereof, either in
  1-18      their natural state or as processed by a producer for
  1-19      the purpose of marketing such product or by a processor
  1-20      as defined in this Code section.

  1-21      (2) 'Processor' means any person engaged within this
  1-22      state in the operation of receiving, grading, packing,
  1-23      canning, extracting, preserving, grinding, crushing, or
  1-24      changing the form of peanuts for the purpose of
  1-25      preparing peanuts for market or of marketing such
  1-26      peanuts or any person who is engaged in any other
  1-27      activities performed for the purpose of preparing such
  1-28      peanuts for market or of marketing such peanuts but
  1-29      shall not include a person engaged in manufacturing
  1-30      another and different product from peanuts, so changed
  1-31      in form.  The term 'processor' shall not include an




                                 -1- (Index)

                                                  LC 18 6516

  2- 1      agent  of the processor nor any person who receives
  2- 2      peanuts for or on the account of another person.

  2- 3      (3) 'Producer' means any person engaged within this
  2- 4      state in the business of producing or causing to be
  2- 5      produced for market peanuts as defined in this Code
  2- 6      section.

  2- 7      (4) 'Producer marketing' or 'marketed by producers'
  2- 8      means any or all operations performed by any producer in
  2- 9      preparing for market and includes selling, delivering,
  2-10      or disposing of, for commercial purposes, peanuts which
  2-11      such producer has produced to any handler as defined in
  2-12      this Code section.

  2-13      (5) 'Retailer' means any person who purchases or
  2-14      acquires peanuts for resale at retail to the general
  2-15      public for consumption  off the premises; however, such
  2-16      person shall also be included within the definition of
  2-17      'distributor,' as set forth in this Code section, to the
  2-18      extent that such person engages in the business of a
  2-19      distributor as defined in this Code section.

  2-20    (b) In addition to the requirements specified in Code
  2-21    Section 26-2-28, peanuts and peanut products marketed by
  2-22    producers or sold by any retailer in this state shall be
  2-23    deemed to be misbranded unless the container or package
  2-24    bears labeling stating clearly the country or countries in
  2-25    which such peanuts were grown."

                         SECTION 2.

  2-26  All laws and parts of laws in conflict with this Act are
  2-27  repealed.

















                                 -2- (Index)