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Georgia

West's Code of Georgia Annotated. Title 26. Food, Drugs, and Cosmetics. Chapter 2. Standards, Labeling, and Adulteration of Food. Article 4. Advertisement and Sale of Meat Generally.

Statute Details
Printable Version
Citation: Ga. Code Ann., 26-2-150 - 161

Citation: GA ST 26-2-150 - 161


Last Checked by Web Center Staff: 12/2013

Summary:   As stated in the legislative intent, the General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption. With regard to horsemeat, the Code prohibits the slaughter a horse in this state for the purpose of selling or offering for sale for human consumption or for other than human consumption the horse meat derived from such slaughtered animal unless certain conditions are met. Further, no horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words “HORSE MEAT FOR SALE.”


Statute in Full:

§ 26-2-150. Legislative intent

§ 26-2-151. Rules and regulations

§ 26-2-152. Information to be disclosed; "bait and switch" advertising

§ 26-2-153. Information to be disclosed when advertising partial or whole animal carcass

§ 26-2-154. Violations relating to advertising and sale of beef, pork and lamb

§ 26-2-155. Foreign country meat product information to be displayed by food service establishments

§ 26-2-156. Regulation of slaughter of horses for sale of horse meat

§ 26-2-157. Sale of horse meat for human consumption; sign at place of sale, labeling

§ 26-2-158. Horse meat; information to purchaser at time of sale

§ 26-2-159. Promulgation of regulations by Department of Agriculture

§ 26-2-160. Sale of dog meat for human consumption prohibited; sale for other purposes

§ 26-2-161. Violations relating to sale of dogmeat and horsemeat

  

§ 26-2-150. Legislative intent

The General Assembly declares that purchasers and consumers have a right to expect and demand honesty and fair practices in the sale of meat for human consumption. It is the purpose of this Code section and Code Sections 26-2-151 through 26-2-154 to ensure that honest, fair, and ethical practices are followed in the advertising and sale of meat for human consumption and to authorize the Commissioner of Agriculture to take all actions necessary to ensure that such practices are followed. The General Assembly views with alarm the fact that misleading and false advertising and sales tactics have been used in the sale of meat to Georgia consumers. It is to stop these practices that the General Assembly has enacted this Code section and Code Sections 26-2-151 through 26-2-154. The consumer has a right to know what he is buying and the true cost of the meat which he is purchasing for consumption.

CREDIT(S)

Laws 1974, p. 1030, § 1; Laws 2003, Act 9, § 26, eff. May 14, 2003.

 

§ 26-2-151. Rules and regulations

The Commissioner of Agriculture is authorized to promulgate and adopt rules and regulations necessary or convenient to carry out Code Section 26-2-150, this Code section, and Code Sections 26-2-152 through 26-2-154 and to prevent the deceptive advertising of meat.

CREDIT(S)

Laws 1974, p. 1030, § 4; Laws 2003, Act 9, § 26, eff. May 14, 2003.

 

§ 26-2-152. Information to be disclosed; “bait and switch” advertising

(a) It shall be unlawful for any person, partnership, firm, company, or corporation to advertise, sell, or offer for sale any carcass cuts of beef, pork, or lamb without prominently disclosing the price per pound of such beef, pork, or lamb in all such advertisements or on the packaging or display case in which the meat is displayed or offered for sale. This Code section shall not apply to the sale of beef, pork, or lamb when sold for immediate consumption on the premises or where sold as an unpackaged, cooked food or where sold for purposes other than for human consumption.

(b) It shall be unlawful for any person, partnership, firm, company, or corporation to employ “bait and switch” advertising or sales techniques in connection with the sale of beef, pork, or lamb or to use any other advertising or sales technique which is calculated to deceive, or which in fact deceives, purchasers of beef, pork, or lamb as to what they are purchasing or its quality or quantity. “Bait and switch” as used in this subsection shall mean, but shall not be limited to, the advertising of products with the intent not to sell the products as advertised; or advertising products with the intent not to supply reasonably expected public demand, unless the advertisement discloses a limitation of quantity; or advertising a product which by accepted standards is inferior, with the expectation of switching the consumer to a product of accepted standard at a higher price.

CREDIT(S)

Laws 1974, p. 1030, § 2.

 

§ 26-2-153. Information to be disclosed when advertising partial or whole animal carcass

It shall be unlawful for any person, partnership, firm, company, or corporation to advertise, sell, or offer for sale any quarter, half, three-quarters, or whole animal carcass for use as food for human consumption without disclosing in such advertisement and to the purchaser at the time of sale the minimum number of pounds of retail cuts contained in such quarter, half, three-quarters, or whole animal carcass. In determining the minimum number of pounds of red meat from such carcass, the person, partnership, firm, company, or corporation shall refer to currently effective United States Department of Agriculture charts and tables of yield grades.

CREDIT(S)

Laws 1974, p. 1030, § 3.

 

§ 26-2-154. Violations relating to advertising and sale of beef, pork and lamb

Any person, partnership, firm, company, or corporation violating the provisions of Code Sections 26-2-150 through 26-2-153 or any rule or regulation adopted by the Commissioner of Agriculture pursuant to Code Sections 26-2-150 through 26-2-153 shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1974, p. 1030, § 5.

 

§ 26-2-155. Foreign country meat product information to be displayed by food service establishments

(a) All food service establishments in this state, as defined in Code Section 26-2-370, which serve carcass beef, or cuts derived from such carcass, imported from a foreign country, shall conspicuously display or attach to their menus the words: “We serve beef imported from a foreign country.”

(b) Any person, firm, or corporation who violates this Code section shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1972, p. 917, §§ 1, 2.

 

§ 26-2-156. Regulation of slaughter of horses for sale of horse meat

(a) No person, partnership, association, corporation, or firm shall slaughter a horse in this state for the purpose of selling or offering for sale for human consumption or for other than human consumption the horse meat derived from such slaughtered animal unless:

(1) Such horse shall have remained on the business premises for at least four consecutive days prior to its slaughter;

(2) The vehicle license plate number and state of issue of any motor vehicle and any trailer used to transport such horse to the business premises is recorded and retained at such premises;

(3) An identifying description of such horse is maintained at such premises;

(4) The person delivering or selling the horse or horses is identified by his driver's license number and address and said number is recorded on the bill of sale; and

(5) Satisfactory records, pursuant to rules and regulations of the Department of Agriculture, are kept to show information required in paragraphs (1) through (3) of this subsection.

(b) Any person, partnership, association, corporation, or firm violating this Code section shall be guilty of a misdemeanor.

CREDIT(S)

Laws 1979, p. 846, §§ 1, 3.

 

§ 26-2-157. Sale of horse meat for human consumption; sign at place of sale, labeling

No horse meat shall be sold or offered for sale in this state for human consumption unless at the place of sale there shall be posted in a conspicuous location a sign bearing the words “HORSE MEAT FOR SALE.” No sausage, ground meat, canned, or processed meat containing horse meat shall be sold for human consumption unless the package bears a label stating the proportionate amount of horse meat contained therein and unless there is likewise kept and maintained in a conspicuous place a sign showing that the meat offered for sale contains horse meat.

CREDIT(S)

Laws 1943, p. 475, § 2.

 

§ 26-2-158. Horse meat; information to purchaser at time of sale

It shall be unlawful for any person, firm, or corporation to sell horse meat in any form for human consumption unless the person, firm, or corporation selling the meat shall inform the purchaser thereof at the time of sale that the purchaser is obtaining horse meat.

CREDIT(S)

Laws 1943, p. 475, § 3.

 

§ 26-2-159. Promulgation of regulations by Department of Agriculture

The Department of Agriculture is authorized to promulgate proper regulations for the carrying out of Code Sections 26-2-157 and 26-2-158, this Code section, and Code Sections 26-2-160 and 26-2-161 and to assist prosecuting attorneys in the enforcement thereof.

CREDIT(S)

Laws 1943, p. 475, § 4; Laws 2003, Act 9, § 26, eff. May 14, 2003.

 

§ 26-2-160. Sale of dog meat for human consumption prohibited; sale for other purposes

It shall be unlawful for any person, firm, or corporation to distribute or offer for sale for human consumption any dog meat in the State of Georgia; and all dog meat sold in this state for any purpose, other than human consumption, shall be sold in packages only. The packages shall carry a label showing the contents, for what use it is intended, and stating that said contents are “NOT FOR HUMAN CONSUMPTION.” The words “not for human consumption” shall be in conspicuous type.

CREDIT(S)

Laws 1943, p. 475, § 1.

 

§ 26-2-161. Violations relating to sale of dogmeat and horsemeat

Any person, firm, or corporation violating the terms of Code Section 26-2-157, 26-2-158, 26-2-159, or 26-2-160 shall be guilty of a misdemeanor and, upon conviction thereof shall be fined an amount not exceeding $1,000.00 or imprisoned for a period not exceeding 12 months, or both, at the discretion of the court.

CREDIT(S)

Laws 1943, p. 475, § 5; Laws 1982, p. 3, § 26.

  



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