Ga. Comp. R. & Regs. R. 40-7-18-.10 - Exemption

(1) Section 40-7-18-.06 of this chapter shall not apply to the following products or processes:

(a) Food products produced under a federal grant of inspection from the United States Department of Agriculture Food Safety and Inspection Service and which are not produced under regulatory jurisdiction of the U.S. Food and Drug Administration (FDA);

(b) Grade A milk products that are governed under the Pasteurized Milk Ordinance (PMO);

(c) Bottled water products regulated under Georgia Department of Agriculture Food Division Regulations Chapter 40-7-6 Additional Regulations Applicable to Commercially Bottled Water and Water Vending Machines;

(d) Shellfish products governed by the National Shellfish Sanitation Program (NSSP) Model Ordinance;

(e) Raw agricultural products requiring further processing as specified under 40-7-18-.02(43); or

(f) Classified as a small business producing low volume food products as defined by U.S. Food and Drug Administration. Businesses qualifying under this exemption must submit supporting documentation to the Department.

(2) Facilities that produce both covered and exempt food products, as described in subparagraph (1) above, must still perform the required testing on those covered products manufactured or otherwise processed in their food processing plants.

(3) The exemptions granted by the Commissioner based on criteria apply only to the testing requirements of this Chapter. However, if an exemption is granted it can be revoked.

Notes

Ga. Comp. R. & Regs. R. 40-7-18-.10

O.C.G.A. § 26-2-1, et seq.

Original Rule entitled "Exemption" adopted. F. Apr. 14, 2010; eff. May 4, 2010. Amended: F. Oct. 1, 2018; eff. Oct. 21, 2018. Amended: F. Aug. 27, 2019; eff. Sept. 16, 2019.