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.Ga. Comp. R. & Regs. R. 40-2-8-.03
Ga. L., 1980, pp. 981, et seq.; O.C.G.A. Sec. 26-2-230.
Original Rule entitled "'The Babcock Method" was filed and effective on June 30, 1965.Amended: Rule repealed and a new Rule entitled "Methods of Testing" adopted. Filed August 1, 1969; effective August 20, 1969.Amended: Rule repealed and a new Rule entitled "Inspection and Enforcement" adopted. Filed December 21, 1982; effective January 10, 1983.Repealed: New Rule of same title adopted. F. Aug. 14, 1992; eff. Sept. 3, 1992.