Ga. Comp. R. & Regs. R. 40-2-2-.02 - Permits and Licenses
In addition to the requirements of the most recent Pasteurized Milk Ordinance as amended the following shall apply in the State of Georgia.
(a) All Grade A Plants, Grade
A Producers, Distributors, receiving stations, dairy manufacturing plants and
milk handlers purchasing raw milk in Georgia must meet the requirements
according to the laws, rules and regulations vested in the Commissioner of
Agriculture, and apply in writing annually to the Dairy Division, Department of
Agriculture for license prior to December 1 of each year. All out of state
Grade A Plants currently on the Interstate Milk Shippers list and holding a
valid rating shall be considered to be licensed. Provided, however, that
nonprofit cooperative associations having paid the fee provided by code section
2-10-105 shall not be provided
herein, but such associations shall obtain and keep current the requisite
licenses.
(b) Issuance of Permits -
Licenses: It shall be unlawful for any person who does not possess a license
from the Georgia Department of Agriculture - Dairy Division to bring into, send
into, or receive into the State of Georgia or its jurisdiction, for sale, or to
sell or offer for sale therein, or to have in storage any milk or milk products
as defined in these rules. Only a person who complies with the requirements of
this chapter shall be entitled to receive and retain such a permit. Permits
shall not be transferable with respect to persons and/or locations.
(c) Application for all licenses,
registrations and permits shall be made on the forms provided by the Department
of Agriculture - Dairy Division. All licenses shall be renewable upon payment
of the required fee and submission of all required application forms. All such
licenses shall be valid for a period of one year unless revoked or
suspended.
(d) License for Grade A
Dairy Plant. For a place of business that purchases Grade 'A' Milk from
producers of other Grade 'A' milk handlers for processing and/or for bottling
and distribution. LICENSE FEE: $10.00
(e) License for Raw Milk Handlers/Brokers.
For a place of business that purchases milk produced in Georgia from producers
or other milk handlers to be shipped for further processing. LICENSE FEE:
$5.00
(f) License for Dairy
Manufacturing Plant. For a place of business that purchases milk from producers
or other milk handlers for manufacturing purposes, such as cheese, condensed
milk, evaporated milk, powdered milk, ice cream, ice cream mix or other frozen
desserts and products not defined in the Grade A Pasteurized Milk Ordinance.
LICENSE FEE: $10.00
(g) License for
Milk and Cream Testers. All persons, firms, or corporations buying milk and
milk products on a butterfat basis shall engage a tester licensed and bonded by
the Department of Agriculture. This bond shall be made to the Commissioner of
Agriculture in the amount of one thousand dollars ($1,000.00). LICENSE FEE:
$5.00
(h) Temporary Marketing
Permit. The Georgia Department of Agriculture recognizes that advances in
technology and the changing nutritional needs of consumers sometimes require
market tests of products varying from existing standards of identity. Using the
for-mat outlined in 21 CFR,
130.17, the Georgia Department of Agriculture
will provide temporary approval for marketing such a product in Georgia when
the following conditions are met:
1. The sole
purpose of the marketing test is to obtain data necessary for reasonable
grounds in support of a petition to amend a standard of identity.
2. The approval of such a test shall be
normally for a period not to exceed fifteen (15) months unless applicant can
show good cause for extending the test market period.
3. Any person desiring a Temporary Marketing
Permit on a dairy product including frozen desserts must meet the criteria
cited in paragraph (a) and (b) above, and must file a written application with
the Dairy Division, Room 318, Georgia Department of Agriculture, Capitol
Square, Atlanta, Georgia 30334. This application must accompany copies of
proposed product label and contain the following information:
(i) Name and address of the
applicant;
(ii) Citation of the
applicable definition and standard of identity from which a deviation is being
requested;
(iii) A full and
complete description of the deviation or variation being requested;
(iv) The basis upon which the product that
will vary from the standard is believed to be wholesome and not
deleterious;
(v) The purpose or
rationale of effecting the variation;
(vi) The time period during which the product
will be sold in Georgia;
(vii) The
projected quantity and an explanation of why this projected amount is believed
necessary to measure consumer response;
(viii) The physical address of the
applicant's manufacturing facility and points of distribution in
Georgia;
(ix) A statement of
whether or not the product has been or is to be distributed in the state in
which it is manufactured;
(x) If an
applicant that has been granted a temporary marketing permit in Georgia feels a
need to extend the permit beyond fifteen (15) months, they must submit an
application to the department three (3) months prior to the expiration date of
the permit. It shall be accompanied by a description of experiments conducted,
tentative conclusions reached and reasons why further experimental shipments
are considered necessary;
(xi)
Information as to how long and where this product may have been marketed in
other states prior to requesting a permit in Georgia. LICENSE FEE:
$100.00
(i)
In addition to the provisions of permit and licenses issuances and suspension,
the following reports shall be sent to the Dairy Division of the Department of
Agriculture.
1. Suspended Milk Report. Each
milk plant or milk transporter will supply the Department of Agriculture -
Dairy Division with a copy of the Suspended Milk Report. This report is to
include the following information on the disposition of all milk suspended at
producer dairies and mailed no later than ten (10) days after suspension is
lifted.
(i) Date suspended milk picked
up;
(ii) Number of pounds of milk
transported;
(iii) Destination of
suspended milk.
2. Plant
Information Request. Each milk processing plant shall furnish the Georgia
Department of Agriculture, Dairy Division with a Plant Information Request in
the event that one or more of their products is suspended. This information
will be reported on in the event that another plant bottles or processes a
suspended milk product normally handled by the plant. Information requests will
contain the following information:
(i) Date
bottled or processed;
(ii) Gallons
bottled or processed;
(iii) Plant
at which product was bottled or processed;
(iv) Mailed not later than ten (10) days
after product suspension is lifted.
Notes
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