Georgia Code
Article 2 - Adulteration and Misbranding of Food
§ 26-2-21. Definitions

History. Ga. L. 1956, p. 195, § 2; Ga. L. 1971, p. 66, § 1; Ga. L. 1992, p. 1174, § 1; Ga. L. 1998, p. 1220, § 1; Ga. L. 2000, p. 1558, § 1; Ga. L. 2012, p. 1072, § 1/SB 300; Ga. L. 2020, p. 808, § 1/SB 345.
The 2012 amendment, effective July 1, 2012, in paragraph (a)(5), added the undesignated language following subparagraph (a)(5)(C).
The 2020 amendment, effective August 5, 2020, rewrote paragraph (a)(5), which read: “‘Food sales establishment’ means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include ‘food service establishments’ as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:
“(A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;
“(B) Lasts 120 hours or less; and
“(C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted.
“This term also shall not include establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer’s name and street address, all added ingredients, and the net weight or volume of the product.”
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1992, “confectioneries” was substituted for “confectionaries” in the introductory language of paragraph (a)(5).
Pursuant to Code Section 28-9-5, in 1996, a comma was inserted in two places in paragraph (a)(3).

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