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Rules and Regulations of the State of Georgia
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Subject 40-7-9 ADDITIONAL REGULATIONS APPLICABLE TO MANUFACTURERS, DISTRIBUTORS, AND BOTTLERS OF BOTTLED SOFT DRINKS AND SOFT DRINK SYRUPS

Rule 40-7-9-.01 Syrup Room

(1) Syrup rooms shall be separately enclosed.
(2) A sink of sufficient size for operations performed, with hot and cold water under pressure, shall be provided.

Rule 40-7-9-.02 Syrup Making Equipment

All vats, jars, mixing and storage tanks, pipe lines, filters, and other apparatus used in the preparation of syrups, shall be of sanitary construction and lined with materials resistent to the action of syrup ingredients. All mixing and storage tanks shall be provided with approved covers at all times.

Rule 40-7-9-.03 Preparation of Syrups

Syrups shall be prepared in a sanitary manner and every precaution shall be taken against contamination or absorption of deleterious substances during the process of preparation and subsequent storage.

Rule 40-7-9-.04 Washing, Carbonating, Filling, and Crowning Equipment

(1) Each plant shall be equipped with:
(a) suitable mechanical bottle washing equipment;
(b) approved machines for carbonating, filling, and crowning.
(2) These operations shall be conducted in such a manner as to prevent the operator or his clothing from coming in contact with those surfaces of the bottle which comes in contact with the product.

Rule 40-7-9-.05 Conveyors and Cases

Conveyors and cases shall be maintained in a clean and sanitary condition at all times.

Rule 40-7-9-.06 Sterilization and Cleaning of Apparatus

All pipe lines, apparatus, and containers used in the manufacturing process shall be thoroughly cleaned and sterilized daily. Steam, hot water, chlorine or other equally efficient agents are permissible for Sterilization.

Rule 40-7-9-.07 Miscellaneous Equipment (Temperature and Test)

Every plant manufacturing beverages shall be adequately provided with thermometers, and apparatus for ascertaining the alkalinity and/or causticity of the soaker solution used in bottle washing. The record of the A.B.C.D. Alkali Test or other approved index for ascertaining the strength of the soaker solution shall be available at all times.

Rule 40-7-9-.08 Water Clarification Equipment

Electrical or chemical coagulation devices and filters used for clarification of water shall be of types approved by the Commissioner of Agriculture or his agent; shall not be operated beyond their rated capacity, and shall be maintained in a clean and sanitary condition at all times.

Rule 40-7-9-.09 Water

Water used in any phase of the manufacture or bottling of beverages shall conform to the latest standards established by the Georgia Department of Agriculture for potable water.

Rule 40-7-9-.10 Storage of Crowns

Crowns shall be stored in dustproof and verminproof containers.

Rule 40-7-9-.11 Bottle Washing

(1) Hand bottle washing, except as a preliminary to subsequent mechanical washing, shall be prohibited. All bottles shall be thoroughly cleaned and sterilized immediately before filling.
(2) Unclean bottles shall be exposed to a 3% alkali solution of which not less than 60% is caustic (sodium hydroxide), for a period of not less than 5 minutes at a temperature of not less than 130° F. or to an equivalent cleansing and sterilizing process.
(3) The bottles shall be rinsed free of all caustic with potable water.

Rule 40-7-9-.12 Filling and Crowning

Manual filling or crowning shall be prohibited. Bottles shall be filled and capped with automatic machinery.

Rule 40-7-9-.13 Refuse and Rubbish

Broken bottles and all refuse or rubbish shall be placed in suitable container and removed from plant daily.

Rule 40-7-9-.14 Labeling

(1) The name or trade-mark, net contents, name of product or flavor, address of bottler or distributor and such other descriptive matter as provided by law or regulations must appear on the label (bottle or crown).
(2) No bottler shall fill bottles or distribute products in bottles bearing a trade-mark other than his own trade-mark, unless such bottler has a contract right from the owner of such trade-mark to use it.
(3) No bottler may use a stock or plain bottle unless he attaches thereto a label which meets all of the requirements of the Georgia Bottling Act.
(4) All syrups, flavors, concentrates and beverage bases must be so labeled as to show their proper classification. They must state on the labels if Artificial Flavor or Artificial Color is present. If the product is made from pure juices and has artificial color, artificial cloud, or essential oils added, the label must so state.
(5) If any of these products contain artificial flavor, they must be labeled "Imitation" directly above the name of the product imitated. The wording "Artificial Flavor and Color" (if artificial color is present), must appear directly under the name of the product imitated. A list of ingredients must appear on label. Spices, flavorings and colorings, other than those sold as such, may be designated as spices, flavorings and colorings without naming each.

Rule 40-7-9-.15 Labeling of Dispensers

All vending machines and other devices used in dispensing bulk beverages must comply with all labeling regulations by signs or other acceptable methods.

Rule 40-7-9-.16 Definitions

The following words or terms shall have the meaning set forth herein wherever used in these rules and regulations:

(a) Natural Flavor is a flavor derived from natural sources, such as fruits, vegetables, leaves, roots, barks, or berries. It may contain ethyl alcohol or other suitable vehicle or solvent.
(b) True Fruit Flavor is a natural flavor derived from and limited to essence, extract, concentrate, or oil of the fruit named.
(c) Artificial Flavor is a synthetically produced flavor which contains any sapid or aromatic constituent.
(d) Natural Color is any harmless coloring material found in nature which is derived by extraction or other methods from natural sources.
(e) Artificial Color is any harmless coloring material not found in nature which is manufactured by a process of synthesis or similar artifice.
(f) Non-nutritive Artificial Sweeteners may only be used in accordance with 21 C.F.R, 170- 180 relating to food additives, GRAS or prior sanctioned substances allowed in 21 CFR, 181- 186.
(g) Nutritive Artificial Sweeteners may only be used in accordance with 21 CFR, 170- 180 relating to food additives, GRAS or prior sanctioned substances allowed in 21 CFR, 181- 186.
(h) Chemical Preservative is any chemical that, when added to a beverage product, tends to prevent or retard deterioration thereof.
(i) Concentrate is the food product resulting from the extraction of substantial quantity of water from a juice in the normal processing/manufacturing practice.

Rule 40-7-9-.17 Ingredients

(1) Organic salts/Minerals, Use of.-Edible organic acids and their salts may be used. Mineral acids other than orthophosphoric acid and its salts, are prohibited.
(2) Colors.-Only caramel, U.S. Certified food colors, or harmless vegetable colors, may be used.
(3) Wholesome Ingredients.-All materials used in the manufacture of beverages must be wholesome and free from any deleterious or foreign substances. Such products must be handled in a sanitary manner.
(4) Preservatives.-If benzoate of soda, or benzoic acid is used, beverages may contain a maximum of 1/10 of 1%, as benzoate of soda. The presence and percentage must be indicated properly on the label.
(5) Saponins.-Saponins are permissible when not toxic or when not present in amounts that render beverages or other food products injurious to health. They will not be permitted when their use has the effect of concealing damage or inferiority in the finished article.
(6) Vitamin Added.-The vitamin content may not be claimed unless vitamins as such are added as an ingredient in the beverage. The fact that other ingredients in the beverage may contain vitamins will not support such a claim.

Rule 40-7-9-.18 Artificial Flavor and Color

(1) When added artificial flavor (in semblance of a natural flavor), is used, all such drinks must be labeled "Imitation". The word "Imitation" must appear in the same size and type as the name of the fruit it imitates and on the same background. The statement "Artificial Flavor and Color", (if artificial color is used), must appear directly under the fruit name. When a product is made from pure juice or berries, and artificial color is added, the words, "Artificially Colored" or equivalent words must appear on the label.
(2) A flavored beverage sold under a trade-name, even though the name be non-descriptive, yet in color, appearance, or taste, it imitates a fruit or berry, it must be labeled "Imitation", and comply with all regulations pertaining to the labeling of fruit-flavored beverages.

Rule 40-7-9-.19 Artificially Sweetened Non-Alcoholic Noncarbonated Beverage

(1) Artificially Sweetened Nonalcoholic Noncarbonated Beverage is a beverage which complies in all respects except sweetener(s) with the standard provided for the similar nutritively sweetened or unsweetened nonalcoholic noncarbonated beverage. It shall be sweetened with non-nutritive artificial sweeteners. It shall not contain added nutritive sweeteners. It may contain substances safe for use in dietary foods.
(2) The name of the beverage shall show "Artificially Sweetened" followed by the name of the similar nutritively sweetened beverage.

Rule 40-7-9-.20 Sweetening Agents

(1) The sweetening agents used in the manufacture of beverages shall consist only of those nutritive sugars as set forth in the Georgia Food Laws.
(2) Non-nutritive sweeteners are prohibited in beverage bases and finished drinks, except when used in dietary beverages.

Rule 40-7-9-.21 Dietary Beverages

Dietary beverages shall not contain nutritive sugars, and their label shall clearly state that they are for dietary purposes.

Rule 40-7-9-.22 Use of Concentrates

When a juice type drink is made from a concentrate base (sweetened or unsweetened) and brought back to its original state with plain water, it shall be labeled as "Reconstituted", (Sweetened or unsweetened) on the main display panel.

Rule 40-7-9-.23 Reconstituted Fruit Juice

Reconstituted fruit juice is the beverage composed of water and concentrated fruit juice of one or more fruits, with or without added juice of the fruit(s) named, provided an amount of water is added to the concentrated fruit juice(s) so as to restore to a reasonable average natural strength. It may contain a preservative, be heat-treated, chilled, canned, or frozen. The name of the beverage shall show that it is "reconstituted _____ juice" or "_____ juice from concentrate", the blank shall be filled with the name of the fruit(s) used. If more than one fruit is used, the name shall appear in order of descending predominance.

Rule 40-7-9-.24 Sweetened Reconstituted Fruit Juice

Sweetened reconstituted fruit juice is reconstituted fruit juice with a nutritive sweetener added. The name of the beverage shall show that it is "reconstituted _____ juice" or "_____ juice from concentrate" followed by sugar added or sweetened, with no intervening printed or graphic material. The blank shall be filled with the name of the fruit(s) used; if more than one fruit is used, the names shall appear in order of descending predominance.

Rule 40-7-9-.25 Combination Fruit Juice

Combination fruit juice is the beverage composed of one or more fruit juices and one or more reconstituted fruit juices, provided the reconstituted portion does not exceed 50% of the total product. It may contain a preservative, be heat-treated, chilled, canned, or frozen. The name of the beverage shall conform to the names of the fruits from which the juice is derived or, if it contains three or more juices or reconstituted juices, it may be identified as combination fruit juice or mixed fruit juice immediately preceded or followed by the names of the fruits from which the juice is derived, listed in order of descending predominance.

Rule 40-7-9-.26 Sweetened Combination Fruit Juice

Sweetened combination fruit juice is a combination fruit juice with a nutritive sweetener added. The name of the beverage shall be one of the names provided for combination fruit juice followed by "sugar added" or "sweetened", with no intervening printed or graphic material.

Rule 40-7-9-.27 Fruit Juice Drink

Percentage juice declaration for foods purporting to be beverages that contain fruit or vegetable juice shall be in accordance with 21 CFR 101.30.

Rule 40-7-9-.28 Fruit Nectar

Beverages that contain fruit or vegetable juice shall be in accordance with 21 CFR 102.33.

Rule 40-7-9-.29 Soda Water; Identity; Label Statement of Optional Ingredients

(1) Soda water is the class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60 F. It may contain buffering agents as provided in paragraph 40-7-9-.29(2)(e) of this section. It either contains no alcohol or only such alcohol (not in excess of 0.5 percent by weight of the finished beverage) as is contributed by the flavoring ingredient used. Soda water designated by a name, including any proprietary name provided for in paragraph 40-7-9-.29(2)(c) of this section, which includes the word cola or a designation as a pepper beverage or any other beverage which has been well known as being made with kola nut extract and or other natural caffeine containing extracts that, for years, has become well-known as being made with kola nut extract, and thus as a caffeine containing drink, shall contain caffeine in a quantity not to exceed 0.02 percent by weight.
(2) Soda water may contain optional ingredients, but if any such ingredient is a food additive or a color additive within the meaning of section 201 (s) or (t) of the Federal Act, it is used only in conformity with a regulation established pursuant to section 409 or 706 of the act. The optional ingredients that may be used in soda water in such proportions as are reasonably required to accomplish their intended effects are:
(a) Nutritive sweeteners consisting of the dry or liquid form of sugar, invert sugar, dextrose, corn syrup, glucose syrup, sorbitol, aspartame, or any combination of two or more of these. Newly developed products of like nature approved by FDA will be accepted for use by the Department.
(b) One or more of the following flavoring ingredients may be added in a carrier consisting of ethyl alcohol, glycerin, or propylene glycol. Newly developed products of like nature approved by FDA will be accepted for use by the Department.
1. Fruit juices (including concentrated fruit juices), natural flavoring derived from fruits, vegetables, bark, buds, roots, leaves, and similar plant materials.
2. Artificial flavoring.
(c) Natural or artificial color additives.
(d) One or more of the acidifying agents; acetic acid, adipic acid, citric acid, fumeric acid, lactic acid, malic acid, phosphoric acid, tartaric acid. Newly developed products of like nature approved by FDA will be accepted for use by the Department.
(e) One or more of the buffering agents consisting of the acetate, bicarbonate, carbonate, chloride, citrate, lactate, orthophosphate, or sulfate salts of calcium, magnesium, potassium or sodium. Newly developed products of like nature approved by FDA will be accepted for use by the Department.
(f) One or more of the emulsifying, stabilizing, or viscosity-producing agents; brominated vegetable oils, carob bean gum, locust bean gum, glycerol ester of wood rosin, aguar gum, gum acacia, gum tragacanth, hydroxylated lecithin, lecithin, methylcellulose, mono and diglycerides of fat-forming fatty acids, pectin, polyglycerol esters of fatty acids, propylene glycol alginate, sodium alginate, sodium carboxymethlycellulose, sodium metaphosphate (sodium hexametaphophate). Newly developed products of like nature approved by FDA will be accepted for use by the Department.
(g) One or more of the foaming agents; ammoniated glycyrrhizin, gum ghatti, licorice or glycyrrhiza, yucca (Joshua-tree), yucca (Mohave). Newly developed products of like nature approved by FDA will be accepted for use by the Department.
(h) Caffeine, in an amount not to exceed 0.02 percent by weight of the finished beverage.
(i) Quinine, as provided in this Regulation, in an amount not to exceed 83 parts per million by weight of the finished beverage.
(j) One or more of the chemical preservatives ascorbic acid, benzoic acid, BHA, BHT, calcium disodium EDTA, erythorib acid, glucose-oxidase-catalase enzyme, methyl or propyl paraben, nordihydroguaiaretic acid, propyl gallate, potassium or sodium benzoate, potassium or sodium bisulfite, potassium or sodium metabisulfite, potassium or sodium sorbate, sorbic acid, sulfurdioxide, or tocopherols. Newly developed products of like nature approved by FDA will be accepted for use by the Department.

Rule 40-7-9-.30 Repealed

Rule 40-7-9-.31 Repealed

Rule 40-7-9-.32 Repealed

Rule 40-7-9-.33 Repealed

Rule 40-7-9-.34 Repealed

Rule 40-7-9-.35 Repealed

Rule 40-7-9-.36 Repealed

Rule 40-7-9-.37 Repealed

Rule 40-7-9-.38 Repealed