09 LC 25
5467
House
Bill 381
By:
Representatives England of the
108th,
Roberts of the
154th,
Levitas of the
82nd,
McCall of the
30th,
Maddox of the
127th,
and others
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 enforcement of the Georgia Food Act by the
Commissioner of Agriculture and employment of personnel; to provide for
inspections by representatives of county boards of health acting as agents of
the Commissioner of Agriculture in certain circumstances; to provide for reports
and referrals; 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 by revising Code Section
26-2-33, relating to enforcement of the Georgia Food Act by the Commissioner of
Agriculture and employment of personnel, as follows:
"26-2-33.
(a)(1)
The Commissioner is charged with the duty of enforcing this article and rules,
regulations, and standards adopted and promulgated under this article in
establishments that have the majority of square footage of building floor space
used for the operation of food sales as defined in Code Section 26-2-21. The
measurement of square footage shall consider indoor and outdoor dining areas as
part of food service as defined in Code Section 26-2-370. The Commissioner
shall employ the necessary personnel and shall fix their compensation and
prescribe their duties. Duly authorized representatives
are
shall
be authorized to enter upon and inspect
the premises of any food sales establishment.
(2)
In addition, representatives of any county board of health shall be authorized
as agents of the Commissioner to enter upon and inspect the premises of any food
processing plant or other food sales establishment within such county for
purposes of ensuring compliance with this article or any rules, regulations, or
standards adopted and promulgated under this article. If, upon such an
inspection, it appears to a representative of a county board of health that a
violation of this article or any rules, regulations, or standards adopted and
promulgated under this article has occurred, he or she shall immediately report
and refer the matter to the Department of Agriculture for action by the
department.
(b)
Notwithstanding any other provision of this article, food service establishments
as defined in Code Section 26-2-370 shall be inspected and regulated under
Article 13 of this chapter and shall not be subject to inspection or enforcement
under this article."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.