09
SB80/AP
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
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 and ingredients of food processing
plants for the presence of poisonous or deleterious substances or other
contaminants; to provide for food safety plans; to provide for reports and
records; 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 inspections; 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 from that location. Such term shall not
include a commercial operation that produces raw agricultural commodities and
whose end product remains a raw agricultural product.
(b)(1)(A)
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.
(B)
The Commissioner shall also promulgate rules and regulations establishing
minimum standards and requirements for a written food safety plan, such as a
hazard analysis critical control point plan, that may be submitted by an
operator of a food processing plant to document and describe 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. If an operator of a food processing plant, in
its discretion, submits to the department a written food safety plan for such
plant and such plan conforms to rules and regulations promulgated for purposes
of this subparagraph, then such food processing plant shall comply with the
requirements of such written 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
subparagraph (A) of 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 food processing plant subject to any testing requirements pursuant to this
Code section shall cause such required tests to be performed in accordance with
testing standards and procedures established by rules and regulations of the
Commissioner. Testing standards and procedures established by the Commissioner
under this paragraph shall be consistent with standards presented in the federal
Food and Drug Administration's Bacterial Analytical Manual and standards
developed by the Association of Analytical Communities International,
International Organization for Standardization, or another internationally
recognized certification body.
(d)
A food processing plant shall be responsible for the cost of any testing
required pursuant to this Code section and may conduct such testing either
internally or via a third party, provided that subsection (c) of this Code
section applies in either case.
(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 during all
hours of operation and at all other 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, any records of
pathogen destruction, 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.