Georgia HB 228: Georgia Farmstead Relief Act; enact

Bill Text

25LC 44 2892
House Bill 228
By: Representatives Horner of the 3
rd
, Ridley of the 6
th
, Cannon of the 172
nd
, Ridley of the
22
nd
, Cox of the 28
th
, and others 
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to
1
standards, labeling, and adulteration of food, so as to authorize and regulate the production2
of farmstead products for human consumption; to provide relief from unnecessary regulatory3
burdens to small dairy farmers and dairy product producers; to provide standards for safety,4
cleanliness, and health for such products; to authorize the Commissioner of Agriculture to5
enforce such standards and to promulgate rules and regulations; to provide for and require6
permits related to the production of farmstead products; to provide for penalty; to provide for7
definitions; to provide for related matters; to provide a short title; to repeal conflicting laws;8
and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Georgia Farmstead Relief Act."12
SECTION 2.13
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,14
labeling, and adulteration of food, is amended by adding a new article to read as follows:15
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25LC 44 2892
"ARTICLE 19
16
26-2-500.17
As used in this article, the term:18
(1)  'Commissioner' means the Commissioner of Agriculture of the State of Georgia.19
(2)  'Department' means the Department of Agriculture of the State of Georgia.20
(3)  'Farmstead' is any place or premises where one or more lactating animals, such as21
cows, goats, and sheep, are kept for milking purposes, and from which a part or all of the22
milk produced by the resident lactating animals is processed in an on-site farmstead23
manufacturing plant to manufacture farmstead products.24
(4)  'Farmstead manufacturing plant' is a facility located on a farmstead in which25
farmstead milk is pasteurized and used to make farmstead products.26
(5)    'Farmstead  milk'  is  milk  produced  by  farmstead  lactating  animals  which  is27
pasteurized and processed in a farmstead manufacturing plant to manufacture farmstead28
products.29
(6)  'Farmstead products' are dairy products, including cheese, butter, and ice cream,30
made in a farmstead manufacturing plant for human consumption.  Farmstead products31
are limited to class II-IV dairy products as defined by the Federal Milk Order System of32
the United States Department of Agriculture.33
26-2-501.34
Farmstead products which are in compliance with this article and in compliance with the35
rules and regulations promulgated pursuant to this article may be sold, offered for sale, or36
delivered to the consuming public for the purpose of human consumption.37
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25LC 44 2892
26-2-502.
38
All farmstead manufacturing plants must have a valid dairy manufacturer's license issued39
by the department.40
26-2-503.41
No license or permit shall be required for a farmstead.42
26-2-504.43
(a)  The Commissioner is charged with the responsibility of enforcing this article.44
(b)  It shall be the duty of the Commissioner or his or her authorized food safety division45
representative:46
(1)  To inspect or cause to be inspected the farmstead manufacturing plant at the time of47
licensure, annually thereafter, and in the event of concerns about the safety of farmstead48
products produced by the farmstead manufacturing plant;49
(2)  To prohibit the production, sale, or distribution of unclean or unwholesome farmstead50
products;51
(3)  To condemn for food purposes all unclean or unwholesome farmstead products,52
wherever found;53
(4)  To take samples anywhere of farmstead products and cause the same to be analyzed54
or satisfactorily tested;55
(5)  To inspect and make tests of any instrument or equipment used in the production of56
farmstead products; and57
(6)  To compile and publish in print or electronically annually, or at such shorter intervals58
as he or she may desire, statistics and information concerning farmsteads in this state.59
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25LC 44 2892
26-2-505.
60
The Commissioner shall have the power to adopt, amend, and repeal rules and regulations61
to implement and enforce this article; provided, however, that all rules and regulations shall62
be of uniform application; and provided, further, that all rules and regulations shall be63
adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the 'Georgia64
Administrative Procedure Act.'  The rules and regulations shall include, but not be limited65
to, the following:66
(1)  Rules and regulations to provide for the labeling of farmstead products; and67
(2)  Rules and regulations to prescribe the specifications of all equipment used in the68
production of farmstead products and instruments that may be used in the testing of69
farmstead milk used in the production of farmstead products, except as otherwise70