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