Ga. Comp. R. & Regs. R. 40-2-8-.01 - Permits - Licenses
(1)
It shall be unlawful for any person who does not possess a valid permit-license
from the Georgia Department of Agriculture to: bring into, send into, or
receive, offer for sale frozen dessert or frozen dessert mix in the State of
Georgia. Grocery stores, restaurants, and other similar retail establishments
which sell but do not manufacture any products in these regulations are exempt.
Only persons complying with requirements of these regulations shall receive a
permit - license. Any person engaged in the combination of collecting,
processing, pasteurizing, aseptic processing, packaging, bottling, wrapping,
freezing or labeling of any milk, milk product or frozen dessert is considered
to be a manufacturer and required to receive a manufacturer's permit - license
from the Georgia Department of Agriculture.
(2) The state regulatory agency may
immediately and temporarily suspend such permits - licenses whenever there is
reason to believe a health hazard exists or is imminent, or in the case of
willful refusal to permit authorized inspection. A hearing shall be provided
within seventy-two (72) hours of suspension. In all other instances, the
regulatory agency shall serve upon the holder of such permit - license a
written notice to suspend permit - license which specifies the violations and
shall afford the holder of permit - license reasonable opportunity to correct
such violations. The permit - license holder may request and have a hearing
before permit - license is suspended. Suspension of any permit - license or
product will remain in effect until said violations are corrected to the
satisfaction of the regulatory agency. These regulations do not preclude the
institution of court action.
(3)
Exemptions.
(a) Grocery stores, restaurants,
and other similar retail establishments which sell but do not manufacture any
products in these regulations are exempt.
(b) Retail establishments which freeze but do
not manufacture frozen desserts need not obtain a Dairy Manufacturer's License
as long as the products being sold are to be consumed on the premises thereof
and mixes used are received from a licensed dairy processor.
(c) Retail establishments which freeze and
package approved frozen dessert mixes shall not be required to obtain a Dairy
Manufacturing Plant License when properly licensed by the State Department of
Human Resources to conduct these activities.
Notes
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