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Subject 40-2-2 ADMINISTRATION

Rule 40-2-2-.01 Repealed

Rule 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.

Rule 40-2-2-.03 Repealed