| 1 | 1 | | 25 LC 44 2892 |
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| 2 | 2 | | House Bill 228 |
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| 3 | 3 | | By: Representatives Horner of the 3 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Ridley of the 6 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Cannon of the 172 |
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| 8 | 8 | | nd |
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| 9 | 9 | | , Ridley of the |
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| 10 | 10 | | 22 |
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| 11 | 11 | | nd |
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| 12 | 12 | | , Cox of the 28 |
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| 13 | 13 | | th |
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| 14 | 14 | | , and others |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | standards, labeling, and adulteration of food, so as to authorize and regulate the production2 |
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| 20 | 20 | | of farmstead products for human consumption; to provide relief from unnecessary regulatory3 |
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| 21 | 21 | | burdens to small dairy farmers and dairy product producers; to provide standards for safety,4 |
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| 22 | 22 | | cleanliness, and health for such products; to authorize the Commissioner of Agriculture to5 |
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| 23 | 23 | | enforce such standards and to promulgate rules and regulations; to provide for and require6 |
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| 24 | 24 | | permits related to the production of farmstead products; to provide for penalty; to provide for7 |
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| 25 | 25 | | definitions; to provide for related matters; to provide a short title; to repeal conflicting laws;8 |
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| 26 | 26 | | and for other purposes.9 |
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| 27 | 27 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 |
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| 28 | 28 | | SECTION 1.11 |
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| 29 | 29 | | This Act shall be known and may be cited as the "Georgia Farmstead Relief Act."12 |
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| 30 | 30 | | SECTION 2.13 |
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| 31 | 31 | | Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,14 |
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| 32 | 32 | | labeling, and adulteration of food, is amended by adding a new article to read as follows:15 |
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| 33 | 33 | | H. B. 228 |
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| 34 | 34 | | - 1 - 25 LC 44 2892 |
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| 35 | 35 | | "ARTICLE 1916 |
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| 36 | 36 | | 26-2-500.17 |
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| 37 | 37 | | As used in this article, the term:18 |
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| 38 | 38 | | (1) 'Commissioner' means the Commissioner of Agriculture of the State of Georgia.19 |
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| 39 | 39 | | (2) 'Department' means the Department of Agriculture of the State of Georgia.20 |
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| 40 | 40 | | (3) 'Farmstead' is any place or premises where one or more lactating animals, such as21 |
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| 41 | 41 | | cows, goats, and sheep, are kept for milking purposes, and from which a part or all of the22 |
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| 42 | 42 | | milk produced by the resident lactating animals is processed in an on-site farmstead23 |
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| 43 | 43 | | manufacturing plant to manufacture farmstead products.24 |
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| 44 | 44 | | (4) 'Farmstead manufacturing plant' is a facility located on a farmstead in which25 |
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| 45 | 45 | | farmstead milk is pasteurized and used to make farmstead products.26 |
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| 46 | 46 | | (5) 'Farmstead milk' is milk produced by farmstead lactating animals which is27 |
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| 47 | 47 | | pasteurized and processed in a farmstead manufacturing plant to manufacture farmstead28 |
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| 48 | 48 | | products.29 |
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| 49 | 49 | | (6) 'Farmstead products' are dairy products, including cheese, butter, and ice cream,30 |
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| 50 | 50 | | made in a farmstead manufacturing plant for human consumption. Farmstead products31 |
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| 51 | 51 | | are limited to class II-IV dairy products as defined by the Federal Milk Order System of32 |
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| 52 | 52 | | the United States Department of Agriculture.33 |
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| 53 | 53 | | 26-2-501.34 |
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| 54 | 54 | | Farmstead products which are in compliance with this article and in compliance with the35 |
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| 55 | 55 | | rules and regulations promulgated pursuant to this article may be sold, offered for sale, or36 |
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| 56 | 56 | | delivered to the consuming public for the purpose of human consumption.37 |
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| 57 | 57 | | H. B. 228 |
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| 58 | 58 | | - 2 - 25 LC 44 2892 |
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| 59 | 59 | | 26-2-502.38 |
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| 60 | 60 | | All farmstead manufacturing plants must have a valid dairy manufacturer's license issued39 |
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| 61 | 61 | | by the department.40 |
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| 62 | 62 | | 26-2-503.41 |
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| 63 | 63 | | No license or permit shall be required for a farmstead.42 |
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| 64 | 64 | | 26-2-504.43 |
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| 65 | 65 | | (a) The Commissioner is charged with the responsibility of enforcing this article.44 |
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| 66 | 66 | | (b) It shall be the duty of the Commissioner or his or her authorized food safety division45 |
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| 67 | 67 | | representative:46 |
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| 68 | 68 | | (1) To inspect or cause to be inspected the farmstead manufacturing plant at the time of47 |
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| 69 | 69 | | licensure, annually thereafter, and in the event of concerns about the safety of farmstead48 |
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| 70 | 70 | | products produced by the farmstead manufacturing plant;49 |
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| 71 | 71 | | (2) To prohibit the production, sale, or distribution of unclean or unwholesome farmstead50 |
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| 72 | 72 | | products;51 |
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| 73 | 73 | | (3) To condemn for food purposes all unclean or unwholesome farmstead products,52 |
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| 74 | 74 | | wherever found;53 |
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| 75 | 75 | | (4) To take samples anywhere of farmstead products and cause the same to be analyzed54 |
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| 76 | 76 | | or satisfactorily tested;55 |
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| 77 | 77 | | (5) To inspect and make tests of any instrument or equipment used in the production of56 |
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| 78 | 78 | | farmstead products; and57 |
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| 79 | 79 | | (6) To compile and publish in print or electronically annually, or at such shorter intervals58 |
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| 80 | 80 | | as he or she may desire, statistics and information concerning farmsteads in this state.59 |
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| 81 | 81 | | H. B. 228 |
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| 82 | 82 | | - 3 - 25 LC 44 2892 |
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| 83 | 83 | | 26-2-505.60 |
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| 84 | 84 | | The Commissioner shall have the power to adopt, amend, and repeal rules and regulations61 |
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| 85 | 85 | | to implement and enforce this article; provided, however, that all rules and regulations shall62 |
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| 86 | 86 | | be of uniform application; and provided, further, that all rules and regulations shall be63 |
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| 87 | 87 | | adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the 'Georgia64 |
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| 88 | 88 | | Administrative Procedure Act.' The rules and regulations shall include, but not be limited65 |
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| 89 | 89 | | to, the following:66 |
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| 90 | 90 | | (1) Rules and regulations to provide for the labeling of farmstead products; and67 |
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| 91 | 91 | | (2) Rules and regulations to prescribe the specifications of all equipment used in the68 |
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| 92 | 92 | | production of farmstead products and instruments that may be used in the testing of69 |
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| 93 | 93 | | farmstead milk used in the production of farmstead products, except as otherwise70 |
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| 94 | 94 | | specified by this article.71 |
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| 95 | 95 | | 26-2-506.72 |
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| 96 | 96 | | (a) It shall be unlawful for any farmstead manufacturing plant that does not possess a dairy73 |
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| 97 | 97 | | manufacturer's license from the department to manufacture or sell farmstead products.74 |
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| 98 | 98 | | (b) Licenses shall not be transferable to other persons or locations.75 |
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| 99 | 99 | | (c) Applications for all licenses provided for in this article shall be made to the76 |
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| 100 | 100 | | Commissioner on such forms as he or she may prescribe. The Commissioner may deny,77 |
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| 101 | 101 | | refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or78 |
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| 102 | 102 | | failure to comply with this article or the rules and regulations promulgated hereunder;79 |
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| 103 | 103 | | provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50,80 |
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| 104 | 104 | | the 'Georgia Administrative Procedure Act.'81 |
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| 105 | 105 | | 26-2-507.82 |
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| 106 | 106 | | (a) All farmstead products shall be packaged and sealed at the same location where83 |
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| 107 | 107 | | produced.84 |
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| 108 | 108 | | H. B. 228 |
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| 109 | 109 | | - 4 - 25 LC 44 2892 |
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| 110 | 110 | | (b) All containers and packages enclosing farmstead products shall be labeled in85 |
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| 111 | 111 | | accordance with the applicable requirements of the federal Food, Drug, and Cosmetic Act,86 |
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| 112 | 112 | | as amended, the federal Nutrition Labeling and Education Act (NLEA) of 1990 and87 |
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| 113 | 113 | | regulations developed thereunder, and the Code of Federal Regulations and shall comply88 |
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| 114 | 114 | | with the applicable requirements of this article.89 |
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| 115 | 115 | | 26-2-508.90 |
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| 116 | 116 | | (a) Samples of farmstead milk and farmstead products shall be collected by the department91 |
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| 117 | 117 | | and tested prior to a dairy manufacturer's license being issued to the farmstead92 |
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| 118 | 118 | | manufacturing plant.93 |
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| 119 | 119 | | (b) The farmstead shall provide to the department satisfactory testing results prior to:94 |
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| 120 | 120 | | (1) The farmstead manufacturing plant receiving a dairy manufacturer's license and95 |
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| 121 | 121 | | beginning production or distribution; or96 |
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| 122 | 122 | | (2) Reinstatement of a dairy manufacturer's license to a farmstead manufacturing plant97 |
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| 123 | 123 | | that has been suspended.98 |
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| 124 | 124 | | (c) Samples of farmstead milk and farmstead products, except as otherwise specified by99 |
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| 125 | 125 | | this article, may be taken for scientific examination for public health purposes, at any100 |
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| 126 | 126 | | reasonable time or place, and examined bacteriologically or for any other public health101 |
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| 127 | 127 | | reason by agents of the department. On a schedule or at times to be determined by the102 |
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| 128 | 128 | | department, such samples are to be collected by the farmstead and farmstead manufacturing103 |
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| 129 | 129 | | plant, properly packaged in prepaid parcels provided by the department and submitted to104 |
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| 130 | 130 | | a designated testing facility by overnight mail.105 |
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| 131 | 131 | | 26-2-509.106 |
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| 132 | 132 | | All farmstead milk used in the production of farmstead products shall be pasteurized. No107 |
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| 133 | 133 | | raw milk pursuant to Article 18 of this chapter shall be used in the production of farmstead108 |
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| 134 | 134 | | products. Farmstead milk shall, except as otherwise specified in this article, meet the109 |
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| 135 | 135 | | H. B. 228 |
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| 136 | 136 | | - 5 - 25 LC 44 2892 |
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| 137 | 137 | | requirements of milk for manufacturing purposes as defined by the United States110 |
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| 138 | 138 | | Department of Agriculture.111 |
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| 139 | 139 | | 26-2-510.112 |
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| 140 | 140 | | Farmsteads located in regions determined by the U.S. Department of Agriculture's Animal113 |
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| 141 | 141 | | and Plant Health Inspection Service to be free of brucellosis and tuberculosis whose114 |
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| 142 | 142 | | lactating animals, including cows, goats, and sheep, are used to produce farmstead milk to115 |
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| 143 | 143 | | be used to make farmstead products shall be exempt from any brucellosis and tuberculosis116 |
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| 144 | 144 | | testing requirements.117 |
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| 145 | 145 | | 26-2-511.118 |
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| 146 | 146 | | Farmsteads shall be exempt from all mandatory testing of milk for manufacturing purposes119 |
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| 147 | 147 | | except:120 |
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| 148 | 148 | | (1) The appearance and odor test; and121 |
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| 149 | 149 | | (2) Testing for antibiotic residues. Farmsteads shall be responsible for conducting,122 |
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| 150 | 150 | | performing, and recording the testing of farmstead milk prior to pasteurization and use123 |
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| 151 | 151 | | in the manufacture of farmstead products.124 |
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| 152 | 152 | | 26-2-512.125 |
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| 153 | 153 | | (a) The Commissioner shall be charged with the enforcement of this article and shall have126 |
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| 154 | 154 | | the power and authority, in connection with this and other provisions dealing with food or127 |
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| 155 | 155 | | food products, to revoke or cancel the dairy manufacturer's license of any person or128 |
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| 156 | 156 | | farmstead manufacturing plant doing business in this state who violates the laws of this129 |
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| 157 | 157 | | state or the rules and regulations made pursuant thereto.130 |
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| 158 | 158 | | (b) The enforcement methods authorized by this article shall be cumulative of those131 |
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| 159 | 159 | | otherwise provided by law, and the same are not superseded by this article.132 |
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| 160 | 160 | | H. B. 228 |
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| 161 | 161 | | - 6 - 25 LC 44 2892 |
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| 162 | 162 | | 26-2-513.133 |
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| 163 | 163 | | (a) Any person operating under this article shall furnish, upon the request of the134 |
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| 164 | 164 | | Commissioner, such data and statistics as he or she may require.135 |
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| 165 | 165 | | (b) All persons operating under this article shall keep complete and accurate records of136 |
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| 166 | 166 | | their operations, and the Commissioner shall have free access to all such records.137 |
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| 167 | 167 | | 26-2-514.138 |
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| 168 | 168 | | Any person, firm, or corporation subject to this article and the other laws of this state who139 |
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| 169 | 169 | | violates any provision of this article or any valid rules or regulations made thereunder may140 |
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| 170 | 170 | | be enjoined from such continued violation. The Commissioner is authorized to apply for,141 |
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| 171 | 171 | | and for cause shown the superior court having jurisdiction of the defendant in any such142 |
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| 172 | 172 | | action may grant, injunctive relief by interlocutory injunction, permanent injunction, or143 |
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| 173 | 173 | | temporary restraining order, as the circumstances may warrant. The proceeding may be144 |
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| 174 | 174 | | maintained notwithstanding the pendency of any civil action and notwithstanding the145 |
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| 175 | 175 | | pendency of or conviction in a criminal proceeding arising from the same transaction. 146 |
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| 176 | 176 | | Such action may be maintained without bond. The purpose of this Code section is to create147 |
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| 177 | 177 | | a statutory cause of action by way of injunction, and the Commissioner is authorized to148 |
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| 178 | 178 | | bring such proceedings in the same form and manner and in the same court as other149 |
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| 179 | 179 | | equitable proceedings may be brought. This remedy is not exclusive but is cumulative of150 |
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| 180 | 180 | | other remedies afforded to protect the consuming public from unwholesome products151 |
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| 181 | 181 | | which are economic frauds.152 |
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| 182 | 182 | | 26-2-515.153 |
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| 183 | 183 | | Any person who violates any provision this article shall be guilty of a misdemeanor."154 |
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| 184 | 184 | | SECTION 3.155 |
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| 185 | 185 | | All laws and parts of laws in conflict with this Act are repealed.156 |
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| 186 | 186 | | H. B. 228 |
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| 187 | 187 | | - 7 - |
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