Rule 40-2-16-.03 - Permitting(1)Prerequisite for Operation.(a) It shall be unlawful for any person who does not possess a permit from the Department to manufacture, have in storage, sell or offer for sale therein, or offer to give away any raw milk for human consumption.(b) No permit shall be issued until all parts of the operation are in compliance with the requirements of the Georgia Raw Dairy Act and these regulations. (1)Form of Submission. A person desiring to operate a dairy farm producing raw milk for human consumption must submit an application for a permit or license on a form provided by the Department.(2)Qualifications and Responsibilities of Applicants. To qualify for a permit or license, an applicant must:(a) Be an owner of the dairy farm or an officer of the legal ownership;(b) Comply with the requirements of these regulations;(c) As specified under 40-2-16-.04(2), agree to allow access to the dairy farm and to provide required information;(d) Comply with the verification of citizenship/immigration status by completing a notarized affidavit and providing one form of acceptable documentation as defined in O.C.G.A. § 50-36-1; and(e) Pay the applicable permit or license fees at the time the application is submitted.(3)Permit Renewal. All permits and licenses: (a) Are valid for a period of one (1) year unless revoked or suspended,(b) Are renewable on January 1 of the calendar year, and(c) Application forms are not required for permit or license renewals.(4)Responsibilities of the Permit Holder. Upon acceptance of a permit or license issued by the Department, the permit or license holder, in order to retain the permit or license, must: (a) Comply with the provisions of the Raw Dairy Act and these regulations;(b) Immediately discontinue operations and notify the Department if an imminent health hazard may exist;(c) Allow representatives of the Department access to the dairy farm;(d) Replace existing facilities and equipment with facilities and equipment that comply with these regulations if:1. The Department directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted, or2. The Department directs the replacement of the facilities and equipment because of a change of ownership.(e) Comply with directives of the Department including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the Department in regard to the permit or license holder's dairy farm or in response to community emergencies;(f) Accept notices issued and served by the Department according to law; and(g) Be subject to the remedies authorized in law for failure to comply with these regulations or a directive of the Department, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.(5)Permits or Licenses Not Transferable. Permits or licenses issued by the Department are not transferable to other persons or locations.(6)Complete and Accurate Records. Any person operating under the 'Georgia Raw Dairy Act' and these regulations must:(a) Upon the request of the Commissioner or their designee, provide such data and statistics as he or she may require; and(b) Keep complete and accurate records of their operations and provide the Commissioner or their designee free access to all such records.Ga. Comp. R. & Regs. R. 40-2-16-.03
O.C.G.A. § 26-2-450, et seq.
Original Rule entitled "Permitting" adopted. F. June 9, 2023; eff. July 1, 2023, as specified by the Agency.