It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Except as provided for in Code Section 26-2-379, such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. When a mobile food service establishment has been permitted in any county, that permit shall be recognized by all counties pursuant to Code Section 26-2-379. Except as provided for in Code Section 26-2-379, nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments.
History. Ga. L. 1958, p. 371, § 2; Code 1933, § 88-1002, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2022, p. 574, § 2/HB 1443.
Delayed effective date.
Code Section 26-2-371 is set out twice in this Code. This version, as set out above, is effective July 1, 2023. For version effective until July 1, 2023, see the preceding version.
The 2022 amendment, effective January 1, 2023, substituted “Except as provided for in Code Section 26-2-379, such” for “Such” at the beginning of the third sentence; added the fourth sentence; and substituted “Except as provided for in Code Section 26-2-379, nothing” for “Nothing” at the beginning of the last sentence.
Structure Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 2 - Standards, Labeling, and Adulteration of Food
Article 13 - Food Service Establishments
§ 26-2-370. [Effective Until January 1, 2023. See note.] Definitions
§ 26-2-370. [Effective January 1, 2023. See note.] Definitions
§ 26-2-372. Permits — Issuance; Suspension, Revocation, or Denial; Notice and Hearing
§ 26-2-373.1. Use of Hair Nets or Hats by Food Preparers; Penalty
§ 26-2-375. Enforcement of Article; Inspection of Food Service and Food Sales Establishments