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.Ga. Comp. R. & Regs. R. 40-2-8-.01
Ga. L., 1980, pp. 981, et seq.; O.C.G.A. Sec. 26-2-230.
Original Rule entitled "Sampling and Testing Milk and Cream" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule of same title adopted. Filed August 1, 1969; effective August 20, 1969.Amended: Rule repealed and a new Rule entitled "Permits" adopted. Filed December 21, 1982; effective January 10, 1983.Repealed: New Rule entitled "Permits - Licenses" adopted. F. Aug. 14, 1992; eff. Sept. 3, 1992.