Any person, firm, or corporation subject to this article or the other milk laws of this state who violates any of said provisions or any valid rules and regulations made thereunder may be enjoined from such continued violation. The Commissioner is authorized to apply for, and for cause shown the superior court having jurisdiction of the defendant in any such action may grant, injunctive relief, by interlocutory injunction, permanent injunction, or temporary restraining order, as the circumstances may warrant. The proceeding may be maintained notwithstanding the pendency of any civil action and notwithstanding the pendency of or conviction in a criminal proceeding arising from the same transaction. Such action may be maintained without bond. The purpose of this Code section is to create a statutory cause of action by way of injunction, and the Commissioner is authorized to bring such proceedings in the same form and manner and in the same court as other equitable proceedings may be brought. This remedy is not exclusive but is cumulative of other remedies afforded to protect the consuming public from unwholesome products which are economic frauds.
History. Code 1981, § 26-2-464 , enacted by Ga. L. 2022, p. 809, § 2/HB 1175.
Structure Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 2 - Standards, Labeling, and Adulteration of Food
Article 18 - [Effective July 1, 2023] Raw Dairy
§ 26-2-450. [Effective July 1, 2023] Definitions
§ 26-2-451. [Effective July 1, 2023] Raw Milk for Human Consumption
§ 26-2-452. [Effective July 1, 2023] Enforcement by Commissioner
§ 26-2-453. [Effective July 1, 2023] Rules and Regulations
§ 26-2-454. [Effective July 1, 2023] Permit Required
§ 26-2-455. [Effective July 1, 2023] Examination of Raw Milk by Department; Adulterated Milk
§ 26-2-456. [Effective July 1, 2023] Bottling, Packaging, and Sealing Raw Milk; Labeling
§ 26-2-459. [Effective July 1, 2023] Sanitation Requirements
§ 26-2-460. [Effective July 1, 2023] Health Status of Animals; Testing
§ 26-2-462. [Effective July 1, 2023] Revocation or Cancellation of Permit or License
§ 26-2-464. [Effective July 1, 2023] Enjoining Continuing Violations