25 LC 60 0162 Senate Bill 365 By: Senators Watson of the 11th, Goodman of the 8th, Anderson of the 24th, Echols of the 49th, Moore of the 53rd and others A BILL TO BE ENTITLED AN ACT To amend Titles 2 and 4 of the Official Code of Georgia Annotated, relating to agriculture 1 and animals, respectively, so as to enhance transparency with respect to the marketing of2 produce and meat in this state; to provide for routine testing of produce for prohibited3 substances by large-scale organic produce producers; to provide for health risk management4 procedures with respect to the same; to provide for source verification and disclosure5 requirements by large-scale grassfed meat producers; to provide for disclosures, testing, and6 health risk management procedures with respect to older cattle; to provide for routine avian7 influenza testing by large-scale pasture-raised poultry producers; to provide for health risk8 management procedures with respect to the same; to provide for penalties; to provide for9 definitions; to provide for a short title; to provide for related matters; to provide for an10 effective date; to repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 This Act shall be known and may be cited as the "Georgia Meat and Organic Produce14 Transparency and Safety Act."15 S. B. 365 - 1 - 25 LC 60 0162 SECTION 2. 16 Title 2 of the Official Code of Georgia Annotated, relating agriculture, is amended in17 Chapter 21, relating to organic certification and labeling, by adding a new Code section to18 read follows:19 "2-21-3.1. 20 (a) As used in this Code section, the term:21 (1) 'Large-scale organic produce producer' means any person engaged in the production22 of organic produce in this state with annual gross sales of at least $500,000.00 per year.23 (2) 'Organic produce' means any fruit, vegetable, mushroom, sprout, peanut, tree nut,24 or herb labeled, advertised, or otherwise marketed as organic. Such term shall not25 include the small, hard fruits or seeds of arable crops, or the crops bearing these fruits or26 seeds, that are primarily grown and processed for use as meal, flour, baked goods,27 cereals, and oils, rather than for direct consumption as small, hard fruits or seeds.28 (b)(1) On or after January 1, 2026, large-scale organic produce producers shall conduct29 routine testing of organic produce as follows:30 (A) A minimum of 3 percent of organic produce shall be randomly selected and tested31 on a monthly basis for prohibited substances as defined in 21 C.F.R. 205.105;32 (B) Testing shall be conducted by a facility approved by the United States Department33 of Agriculture for organic testing; and34 (C) Records of all testing shall be maintained for a minimum of five years and made35 available to the department upon request.36 (2) If, during testing pursuant to paragraph (1) of this subsection, any prohibited37 substance is detected at a level exceeding any federal limits, the producer shall:38 (A) Immediately notify the department and United States Department of Agriculture39 Animal and Plant Health Inspection Service; and40 (B) Cease sales and distribution of any affected organic produce until further guidance41 is provided by state and federal authorities."42 S. B. 365 - 2 - 25 LC 60 0162 SECTION 3. 43 Title 4 of the Official Code of Georgia Annotated, relating to animals, is amended in Article44 1 of Chapter 6, relating to livestock dealers, by adding a new Code section to read as45 follows:46 "4-6-13. 47 (a) As used in this Code section, the term:48 (1) 'Culling' means any process of removing certain livestock from primary meat49 production activities, including, but not limited to, sale through livestock markets, sale50 for processing due to health or age factors, or transfer to nonspecialty production systems.51 (2) 'Grassfed meat producer' means any person engaged in the production, processing,52 or sale of meat, including beef, pork, lamb, and goat, but excluding poultry, labeled,53 advertised, or otherwise marketed as grassfed, pasture-raised, or regeneratively raised,54 or under similar animal-raising claims.55 (3) 'Large-scale grassfed meat producer' means a grassfed meat producer located in this56 state with annual gross sales of meat products of at least $1 million per year.57 (4) 'Large-scale pasture-raised poultry producer' means a pasture-raised poultry producer58 located in this state with annual gross sales of poultry products of at least $250,000.0059 per year.60 (5) 'Livestock market' means any facility where livestock are bought, sold, or traded61 through public or private sale, including, but not limited to, auctions, stockyards, and62 trading barns.63 (6) 'Older cattle' means any cattle over five years of age at the time of slaughter.64 (7) 'Pasture-raised poultry producer' means any person engaged in the production,65 processing, or sale of poultry labeled, advertised, or otherwise marketed as pasture-raised66 or free-range, or under similar animal-raising claims.67 (8) 'Regeneratively raised' means, with respect to livestock, raised under a system of68 farming that seeks to improve soil health, biodiversity, and ecosystem resilience.69 S. B. 365 - 3 - 25 LC 60 0162 (9) 'Specified risk material' means, with respect to cattle, tissues considered to be of high70 risk for potentially carrying transmissible spongiform encephalopathies, including, but71 not limited to, the brain and spinal cord tissues.72 (b)(1) All large-scale grassfed meat producers shall maintain records sufficient to verify73 the source and management history of all livestock used in their meat production,74 including, but not limited to:75 (A) Livestock birth records;76 (B) Livestock feeding records;77 (C) Any transfer of ownership or transportation of livestock; and78 (D) Any other documentation required by the United States Department of Agriculture.79 (2) Such records shall be made available for inspection by the department upon request80 and retained for a minimum of five years.81 (c)(1) All large-scale grassfed meat producers that label, advertise, or otherwise market82 meat produced from livestock as grassfed, pasture-raised, or regeneratively raised, or83 under similar animal-raising claims shall include a clearly legible and conspicuous84 written disclosure stating whether the livestock:85 (A) Has been sold through a livestock market or auction;86 (B) Has been subject to culling prior to final sale;87 (C) Has been continuously managed under the specified production protocols without88 interruption;89 (D) Received feed that deviates from the marketed designation, such as grassfed cattle90 receiving grain at any point; and91 (E) Were over the age of five years at the time of slaughter.92 (2) Such disclosure shall be made available at the point of sale, on packaging or93 promotional materials, and on any official website or sales platform used by the94 large-scale grassfed meat producer.95 S. B. 365 - 4 - 25 LC 60 0162 (d)(1) All large-scale grassfed meat producers that sell beef produced from older cattle96 shall publicly disclose this fact through:97 (A) A clearly legible and conspicuous label on the packaging stating: 'This beef is from98 cattle over 5 years of age.'; and99 (B) Online sales listings or menus specifying when beef is sourced from older cattle.100 (2)(A) All older cattle used to produce beef shall undergo testing of specified risk101 materials at the time of slaughter for transmissible spongiform encephalopathies,102 including, but not limited to, testing for abnormal prion proteins linked to bovine103 spongiform encephalopathy, in accordance with any requirements set forth by the104 United States Department of Agriculture.105 (B) A large-scale grassfed meat producer shall dispose of any specified risk materials106 in accordance with any requirements set forth by the United States Department of107 Agriculture and the United States Food and Drug Administration.108 (C) A large-scale grassfed meat producer shall maintain documentation proving109 compliance with subparagraph (A) of this paragraph for no less than five years.110 (3) If a positive case of transmissible spongiform encephalopathies is detected, the111 large-scale grassfed meat producer shall immediately:112 (A) Notify the department and United States Department of Agriculture Animal and113 Plant Health Inspection Service; and114 (B) Cease sales and distribution of any beef products from the affected herd and follow115 any requirements set forth by the department and the United States Department of116 Agriculture.117 (e)(1) All large-scale pasture-raised poultry producers shall conduct routine avian118 influenza testing as follows:119 (A) A minimum of 3 percent of live poultry flocks shall be tested on a weekly basis for120 highly pathogenic avian influenza and low pathogenic avian influenza;121 S. B. 365 - 5 - 25 LC 60 0162 (B) Testing shall be conducted by an accredited laboratory using United States122 Department of Agriculture approved methods; and123 (C) Records of all testing shall be maintained for a minimum of five years and made124 available to the department upon request.125 (2) If a positive case of highly pathogenic avian influenza is detected, the large-scale126 pasture-raised poultry producer shall immediately:127 (A) Notify the department and United States Department of Agriculture Animal and128 Plant Health Inspection Service;129 (B) Cease sales and distribution of poultry products from the affected flock until130 further guidance is provided by state and federal authorities; and131 (C) Implement biosecurity measures to prevent disease spread, including flock culling132 if required by United States Department of Agriculture regulations.133 (3) Any failure to comply with avian influenza testing requirements set forth in this134 subsection shall result in penalties as outlined in subsection (g) of this Code section.135 (f)(1) Large-scale grassfed meat producers and large-scale pasture-raised poultry136 producers that label, advertise, or otherwise market multiple types of meat as grassfed,137 pasture-raised, free-range, or regeneratively raised, or under similar animal-raising claims138 shall ensure separate and verifiable tracking for each species.139 (2) Large-scale grassfed meat producers and large-scale pasture-raised poultry producers140 engaged in direct-to-consumer online sales shall provide consumers with accessible141 sourcing verification through a scannable QR code, public webpage, or other verifiable142 digital record.143 (g) Any large-scale grassfed meat producer or large-scale pasture-raised poultry producer144 found in violation of this Code section shall be subject to:145 (1) A civil penalty not to exceed $5,000.00 per violation for a first offense;146 (2) A civil penalty not to exceed $10,000.00 per violation for subsequent offenses; and147 S. B. 365 - 6 - 25 LC 60 0162 (3) Revocation or suspension of such producer's ability to market or sell meat or poultry148 products within this state under the designations of grassfed pasture-raised, free-range,149 or regeneratively raised, or under similar animal-raising claims for repeated150 noncompliance."151 SECTION 4.152 This Act shall become effective on January 1, 2026.153 SECTION 5.154 All laws and parts of laws in conflict with this Act are repealed.155 S. B. 365 - 7 -