Georgia House of Representatives - 1995/1996 Sessions

HB 1668 - Repackaged food; labeling requirements

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 26-2-28

1. Watts  26th            2. Childers  13th


House Comm: Ind        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              2/13/96  Read 1st Time                                                                
              2/14/96  Read 2nd Time                                                                
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Code Sections amended: 26-2-28                                                                      


HB 1668                                             LC 9 8675






                        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, known as the "Georgia Food Act,"
  1- 3  so as to provide that certain food which has been repackaged
  1- 4  or relabeled shall be deemed misbranded unless the new label
  1- 5  discloses certain information; to repeal conflicting laws;
  1- 6  and for other 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, known as the "Georgia Food Act," is
  1-10  amended by striking Code Section 26-2-28, relating to when
  1-11  food is deemed misbranded, and inserting in lieu thereof a
  1-12  new Code Section 26-2-28 to read as follows:

  1-13    "26-2-28. (Index)

  1-14    A food shall be deemed to be misbranded if:

  1-15      (1) Its labeling is false or misleading in any
  1-16      particular;

  1-17      (2) It is offered for sale under the name of another
  1-18      food;

  1-19      (3) It is an imitation of another food for which a
  1-20      definition and standard of identity have been prescribed
  1-21      by regulations as provided by Code Section 26-2-35; or
  1-22      if it is an imitation of another food that is not
  1-23      subject to paragraph (7) of this Code section, unless
  1-24      its label bears, in type of uniform size and prominence,
  1-25      the word 'imitation' and, immediately thereafter, the
  1-26      name of the food imitated;

  1-27      (4) Its container is so made, formed, or filled as to be
  1-28      misleading;

  1-29        (5)(A) In package form, unless it bears a label
  1-30        containing:



                                 -1- (Index)

                                                   LC 9 8675

  2- 1          (i) The name and place of business of the
  2- 2          manufacturer, packer, or distributor; and

  2- 3          (ii) An accurate statement of the quantity of the
  2- 4          contents in terms of weight, measure, or numerical
  2- 5          count.

  2- 6      However, under division (ii) of subparagraph (A) of this
  2- 7      paragraph, reasonable variations shall be permitted, and
  2- 8      exemptions as to small packages shall be established by
  2- 9      regulations prescribed by the Commissioner; and a food
  2-10      shall not be deemed misbranded because of omission of
  2-11      the information required by division (i) of subparagraph
  2-12      (A) of this paragraph where such omission is authorized
  2-13      in writing by the Commissioner.

  2-14        (B) The Commissioner may authorize the omission from
  2-15        the label of packaged food of the name and place of
  2-16        business of the manufacturer, packer, or distributor
  2-17        upon a showing of undue hardship because of the size
  2-18        of the package, the material of which the package is
  2-19        made, or the disproportionate cost of compliance.
  2-20        Before authorizing such omission, the Commissioner
  2-21        shall require the filing of a certificate of
  2-22        territorial responsibility in a form prescribed by him
  2-23        the Commissioner. Failure to maintain on file with the
  2-24        Commissioner a correct current statement of
  2-25        territorial responsibility in accordance with the
  2-26        Commissioner's requirements shall terminate any such
  2-27        authorization previously granted;

  2-28      (6) Any word, statement, or other information required
  2-29      by or under authority of this article to appear on the
  2-30      label or labeling is not prominently placed thereon with
  2-31      such conspicuousness, as compared with other words,
  2-32      statements, designs, or devices in the labeling, and in
  2-33      such terms as to render it likely to be read and
  2-34      understood by the ordinary individual under customary
  2-35      conditions of purchase and use;

  2-36      (7) It purports to be or is represented as a food for
  2-37      which a definition and standard of identity has been
  2-38      prescribed by regulations as provided by Code Section
  2-39      26-2-35, unless:

  2-40        (A) It conforms to such definition and standard; and

  2-41        (B) Its label bears the name of the food specified in
  2-42        the definition and standard and, insofar as may be



                                 -2- (Index)

                                                   LC 9 8675

  3- 1        required by such regulations, the common names of
  3- 2        optional ingredients, other than spices, flavoring,
  3- 3        and coloring, present in such food;

  3- 4      (8) It purports to be or is represented as:

  3- 5        (A) A food for which a standard of quality has been
  3- 6        prescribed by regulations as provided by Code Section
  3- 7        26-2-35 and its quality falls below such standard,
  3- 8        unless its label bears, in such manner and form as
  3- 9        such regulations specify, a statement that it falls
  3-10        below such standard; or

  3-11        (B) A food for which a standard or standards of fill
  3-12        of container have been prescribed by regulation as
  3-13        provided by Code Section 26-2-35, and it falls below
  3-14        the standard of fill of container applicable thereto,
  3-15        unless its label bears, in such manner and form as
  3-16        such regulations specify, a statement that it falls
  3-17        below such standard;

  3-18        (9)(A) It is not subject to paragraph (7) of this Code
  3-19        section, unless it bears labeling clearly giving:

  3-20          (i) The common or usual name of the food, if any
  3-21          such name exists; and

  3-22          (ii) In case it is fabricated from two or more
  3-23          ingredients, the common or usual name of each such
  3-24          ingredient; except that spices, flavorings, and
  3-25          colorings, other than those sold as such, may be
  3-26          designated as spices, flavorings, and colorings
  3-27          without naming each;

  3-28        (B) To the extent that compliance with the
  3-29        requirements of division (ii) of subparagraph (A) of
  3-30        this paragraph is impractical or results in deception
  3-31        or unfair competition, exemptions shall be established
  3-32        by regulations promulgated by the Commissioner;

  3-33        (C) The requirements of division (ii) of subparagraph
  3-34        (A) of this paragraph shall not apply to any
  3-35        carbonated beverage, the ingredients of which have
  3-36        been fully and correctly disclosed, to the extent
  3-37        prescribed by division (ii) of subparagraph (A) of
  3-38        this paragraph, to the Commissioner in an affidavit;

  3-39      (10) It purports to be or is represented for special
  3-40      dietary uses, unless its label bears such information
  3-41      concerning its vitamin, mineral, and other dietary



                                 -3- (Index)

                                                   LC 9 8675

  4- 1      properties as the Commissioner determines to be, and by
  4- 2      regulations prescribes, as, necessary in order fully to
  4- 3      inform purchasers as to its value for such uses;

  4- 4      (11) It bears or contains any artificial flavoring,
  4- 5      artificial coloring, or chemical preservative, unless it
  4- 6      bears labeling stating that fact, provided that, to the
  4- 7      extent that compliance with the requirements of this
  4- 8      paragraph is impracticable, exemptions shall be
  4- 9      established by regulations promulgated by the
  4-10      Commissioner; or

  4-11      (12) It is a product intended as an ingredient of
  4-12      another food and when used according to the directions
  4-13      of the purveyor will result in the final food product
  4-14      being adulterated or misbranded.; or

  4-15      (13) It has been repackaged in a retail food
  4-16      establishment which is owned by a person, partnership,
  4-17      corporation, or other entity which has 100 or more
  4-18      employees and relabeled with a new expiration, pull,
  4-19      sell-by, or similar date unless the new label states
  4-20      that the food has been repackaged and discloses the
  4-21      original expiration, pull, sell-by, or similar date for
  4-22      the food."


                         SECTION 2.

  4-23  All laws and parts of laws in conflict with this Act are
  4-24  repealed.




















                                 -4- (Index)