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HB 1139 - Milk; brands or trademarks; allow certain possession of receptacles

Reaves, Henry L (178th)	Floyd, Johnny W (138th)	Purcell, Ann R (147th)

Status Summary	HC:	Ag	SC:	Ag	FR:	01/12/00	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, known as the "Georgia Dairy Act of 1980," so as to change the provisions relating to unlawful acts and the use or possession of certain cans, bottles, and other receptacles; and for other purposes.

Code Sections - 26-2-249

HB 1139                                            HB 1139/FA 
 
      H. B. No. 1139 (AM) 
      By:  Representatives Reaves of the 178th, Floyd of the 138th 
      and Purcell of the 147th 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 7 of Chapter 2 of Title 26 of the Official 
  1- 2  Code of Georgia Annotated, known as the "Georgia Dairy Act 
  1- 3  of 1980," so as to change the provisions relating to 
  1- 4  unlawful acts and the use or possession of certain cans, 
  1- 5  bottles, and other receptacles; to repeal conflicting laws; 
  1- 6  and for other purposes. 
 
  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 8                           SECTION 1. 
 
  1- 9  Article 7 of Chapter 2 of Title 26 of the Official Code of 
  1-10  Georgia Annotated, known as the "Georgia Dairy Act of 1980," 
  1-11  is amended by striking Code Section 26-2-249, relating to 
  1-12  unlawful acts, and inserting in its place the following: 
 
  1-13    "26-2-249. 
 
  1-14    It shall be unlawful: 
 
  1-15      (1) To handle milk, cream, butter, ice cream, or other 
  1-16      dairy products in unclean or unsanitary places or in an 
  1-17      unsanitary manner; 
 
  1-18      (2) To keep, store, or prepare for market any milk, 
  1-19      cream, or other dairy products in the same building or 
  1-20      enclosure where any hide or fur or any cow, horse, 
  1-21      ratite, nontraditional livestock, hog, or other 
  1-22      livestock is kept; 
 
  1-23      (3) To handle or ship milk, cream, ice cream, or other 
  1-24      dairy products in unclean or unsanitary vessels; 
 
  1-25      (4) To expose milk, cream, ice cream, or other dairy 
  1-26      products to flies or to any contaminating influence 
  1-27      likely to convey pathogenic or other injurious bacteria; 
 
  1-28      (5) For any common carrier, railway, or express company 
  1-29      to neglect or fail to remove or ship from its depot, on 
  1-30      the day of its arrival there for shipment, any milk, 
  1-31      cream, or other dairy products left at the depot for 
  1-32      transportation; 
 
 
                                 -1- 
 
 
 
  2- 1      (6) For any common carrier, railway, or express company 
  2- 2      to allow merchandise of a contaminating nature to be 
  2- 3      stored on or with dairy products; 
 
  2- 4      (7) To use or possess any branded or registered cream 
  2- 5      can or milk can or ice cream container for any purpose 
  2- 6      other than the handling, storing, or shipping of milk, 
  2- 7      cream, or ice cream; provided, however, that no person 
  2- 8      other than the rightful owner thereof shall use or 
  2- 9      possess any can, bottle, or other receptacle if such 
  2-10      receptacle shall be marked with the brand or trademark 
  2-11      of the owner.  Nothing in this paragraph shall prohibit 
  2-12      the temporary possession by a business involved in the 
  2-13      normal processing, distribution, or retail sale of dairy 
  2-14      products of any can, bottle, or other receptacle which 
  2-15      is marked with the brand or trademark of another person 
  2-16      or entity prior to its return to the rightful owner in 
  2-17      the normal course of business, or if purchased from the 
  2-18      rightful owner; 
 
  2-19      (8) To sell or offer for sale ice cream from a container 
  2-20      or a compartment of a cabinet or fountain which contains 
  2-21      any article of food other than ice cream or dairy 
  2-22      products; 
 
  2-23      (9) To sell or offer for sale milk, cream, butter, 
  2-24      cheese, ice cream, or other dairy products that are not 
  2-25      pure and fresh and handled with clean utensils; 
 
  2-26      (10) To sell or offer for sale milk or cream from 
  2-27      diseased or unhealthy animals or which was handled by 
  2-28      any person suffering from or coming in contact with 
  2-29      persons affected with any contagious disease; 
 
  2-30      (11) To sell or offer for sale any milk or cream which 
  2-31      shall have been exposed to contamination or into which 
  2-32      shall have fallen any unsanitary articles or any foreign 
  2-33      substance which would render the milk or cream or the 
  2-34      product manufactured therefrom unfit for human 
  2-35      consumption; 
 
  2-36      (12) To sell or offer for sale milk, cream, butter, 
  2-37      cheese, ice cream, or other dairy products which do not 
  2-38      comply with the standards and requirements of this 
  2-39      article or the rules and regulations promulgated 
  2-40      hereunder." 
 
 
 
 
 
                                 -2- 
 
 
 
  3- 1                           SECTION 2. 
 
  3- 2  All laws and parts of laws in conflict with this Act are 
  3- 3  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-