GA - GAC
Rules and Regulations of the State of Georgia
Terms and Conditions of Agreement for Access to Rules and Regulations of the State of Georgia Website

(Note: certain features of this site have been disabled for the general public to prevent digital piracy. If you are an entitled government entity pursuant the Georgia Administrative Procedures Act, O.C.G.A.§ 50-13-7(d) contact the State of Georgia's Administrative Procedures Division at 678-364-3785 to enable these features for your location.)

To access this website, you must agree to the following:

These terms of use are a contract between you and/or your employer (if any), and Lawriter, LLC.

You agree not to use any web crawler, scraper, or other robot or automated program or device to obtain data from the website.

You agree that you will not sell or license anything that you download, print, or copy from this website.

THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS." THE STATE OF GEORGIA AND LAWRITER EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND ARE NOT LIABLE TO ANY PERSON FOR ANY ERRORS IN INACCURACIES CONTAINED IN THIS WEBSITE.

By accessing and/or using this website, you agree to the terms and conditions above. If you do not agree to the terms and conditions above, you must cease accessing and/or using this website and destroy all material obtained from this website without your agreement.

If you accept these terms enter the information below and click “I AGREE”.

Subject 40-2-8 ICE CREAM, FROZEN DESSERTS AND RELATED PRODUCTS - REGULATIONS AND ENFORCEMENT

Rule 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.

Rule 40-2-8-.02 Labeling

(1) Labeling requirements shall be those defined in the Code of Federal Regulations published by the Food and Drug Administration and the National Labeling Education Act.

Rule 40-2-8-.03 Inspection and Enforcement

(1) Products from each out of state plant holding a permit-license in the state of Georgia shall be sampled at least once each 3 months at the discretion of the Georgia Department of Agriculture.
(2) Any plant violating the same requirement on two successive inspections shall be sent written notice of intent to suspend permit - license and shall be given reasonable time to correct such violations. Permit suspension and/or court action shall be instituted but not before the opportunity for a hearing at the request of permit holder is afforded the license holder. Response must be made within 48 hours by permit license holder.
(3) Any plant producing ice cream or related frozen desserts and violating two of the last four consecutive bacteria counts, coliform determinations or cooling temperatures taken on separate days, shall be sent written notice thereof. This notice shall remain in effect as long as two of the last four consecutive samples exceed the limit of the standard. An additional sample will be taken within 21 days of the notice but not before 3 days. Immediate suspension and/or court action will be instituted when 3 of the last 5 consecutive samples exceed the limit of the standard.
(4) Any product showing a positive phosphatase test shall not be offered for sale.
(5) Any frozen dessert exceeding 50,000 bacteria per gram (except cultured products) by the Standard Plate Count Method or 10 coliform per gram or 20 coliform per gram in product containing bulky flavors shall be in violation.
(6) Ice Cream and other frozen desserts stored, preparatory to delivery to the retail trade, shall be kept in freezers having a temperature of not over 10° F.
(7) Ice Cream and other frozen desserts shall be kept frozen until dispensed, and the refreezing of such products is hereby forbidden.

Rule 40-2-8-.04 Repealed

Rule 40-2-8-.05 Repealed