Rule 40-7-1-.13 - Food: Food Identify, Presentation, and Labeling(1)Standards of Identity. PACKAGED FOOD shall comply with standard of identity requirements in 21 CFR 131 - 169 and 9 CFR 319 Definitions and standards of identity or composition, and the general requirements in 21 CFR 130 - Food Standards: General and 9 CFR 319 Subpart A - General.(2)Honestly Presented.(a) FOOD shall be offered for human consumption in a way that does not mislead or misinform the CONSUMER.(b) FOOD or COLOR ADDITIVES, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a FOOD.(3)Food Labels.(a) FOOD PACKAGED in a FOOD ESTABLISHMENT, shall be labeled as specified in LAW, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.(b) Label information shall include: 1. The common name of the FOOD, or absent a common name, an adequately descriptive identity statement;2. If made from two (2) or more ingredients, a list of ingredients and sub-ingredients in descending order of predominance by weight, including a declaration of artificial colors, artificial flavors and chemical preservatives, if contained in the FOOD;3. An accurate declaration of the net quantity of contents;4. The name and place of business of the manufacturer, packer, or distributor; and5. The name of the FOOD source for each MAJOR FOOD ALLERGEN contained in the FOOD unless the FOOD source is already part of the common or usual name of the respective ingredient.Pf6. Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(q)(3) - (5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling.7. For any salmonid FISH containing canthaxanthin or astaxanthin as a COLOR ADDITIVE, the labeling of the bulk FISH container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin or astaxanthin.(c) Bulk FOOD that is available for CONSUMER self-dispensing shall be prominently labeled with the following information in plain view of the CONSUMER:1. The manufacturer's or processor's label that was provided with the FOOD; or2. A card, sign, or other method of notification that includes the information specified under Subparagraphs (b)1, 2, and 6 of this section.(d)Bulk, unPACKAGED FOODS such as bakery products and unPACKAGED FOODS that are portioned to CONSUMER specification need not be labeled if:1.A health, nutrient content, or other claim is not made;2.There are no state or local LAWS requiring labeling; and3.The FOOD is manufactured or prepared on the PREMISES of the FOOD ESTABLISHMENT or at another FOOD ESTABLISHMENT or a FOOD PROCESSING PLANT that is owned by the same PERSON and is regulated by the FOOD regulatory agency that has jurisdiction.(e) Expiration Dates. It shall be unLAWful to sell or offer for sale, at retail or wholesale, the following FOOD items past the EXPIRATION DATE stated on the label: 1. EGGS cannot be offered or held for sale after the EXPIRATION DATE, according to DEPARTMENTAL Rules 40-3-1-.01(e)1.2. Infant Formula. (i) Each and every container of liquid or powdered infant formula made from two or more ingredients and represented as or intended as a replacement or supplement for milk, shall conspicuously show in common and express terms the calendar month and year after which the product is not to be sold or used for human consumption.(ii) The EXPIRATION DATE, or the date after which the product is not to be sold or used for human consumption, shall be determined by the manufacturer based on empirical data or other verifiable scientific means.(iii) If the Commissioner or his authorized agent has prohibited the sale of a product still within date, after notice, the manufacturer shall for each and every brand, variety, or formulation of infant formula intended to be sold or offered for sale in Georgia, submit scientific data establishing the EXPIRATION DATE to comply with Section (e)1(ii) of this regulation. Such data shall include, but is not limited to, physical, nutritional, and chemical properties. In the absence of empirical data on any specific formulation, the manufacturer shall provide such scientific data to reasonably substantiate the EXPIRATION DATE. If the data submitted does not, in the opinion of the Commissioner, justify the EXPIRATION DATE, the Commissioner shall prohibit the sale of the product until a new EXPIRATION DATE consistent with data is applied to the FOOD product.(iv) Each and every shipping carton, container and CONSUMER package shall in like manner show the calendar month and year after which the product is not to be sold or used. This section will be complied with if the information is not contained on the shipping carton, container, and CONSUMER package, but is easily legible by virtue of the transparency of the outer wrapper or container.(v) Any manufacturer, distributor, dealer, or other PERSON who offers for sale or sells infant formula not showing an EXPIRATION DATE or who offers for sale or sells infant formula on a date after the EXPIRATION DATE shown shall be deemed to be offering for sale a product unfit for FOOD.(vi) Knowingly filing with the Commissioner incorrect or unverifiable data or placing an EXPIRATION DATE upon a shipping carton, container or any CONSUMER package, which date is inconsistent with the data filed with the Commissioner, shall be deemed to be misbranding under part 26-2-28 of the Georgia Food Act provided, however, that it shall not be deemed misbranded if the EXPIRATION DATE shown is an earlier date than the filed data would warrant.(vii) Special Formulation. The provisions of this regulation shall not apply to any special formulation manufactured on request of any licensed physician for the express purpose of meeting dietary needs of a specific individual.3. Milk, covered under the Grade "A" Pasteurized Milk Ordinance (PMO), and adopted by reference in DEPARTMENTAL Chapter 40-2-15.4. Shucked oysters, covered by the Interstate Shellfish Sanitation Conference (ISSC) National Shellfish Sanitation Program Guide For The Control of Molluscan Shellfish (Model Ordinance) and adopted by reference in DEPARTMENTAL Rules 40-7-12-.19.5. TIME/TEMPERATURE CONTROL FOR SAFETY FOOD, or any FOOD that is labeled "keep refrigerated," cannot be offered or held for sale past the stated EXPIRATION DATE. Nor can the EXPIRATION DATE be modified or lengthened by the use of these products as an ingredient in another FOOD product.(4)Other Forms of Information.(a) If required by LAW, CONSUMER warnings shall be provided.(b) FOOD ESTABLISHMENT or manufacturers' dating information on FOODS may not be concealed or altered.(5)Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.(a) Except as specified in 40-7-1-.11(1)(c) and Subparagraph 40-7-1-.11(1)(d)4, if an animal FOOD such as beef, EGGS, FISH, lamb, pork, POULTRY, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in READY-TO-EAT form or as an ingredient in another READY-TO-EAT FOOD, the LICENSE HOLDER shall inform CONSUMERS of the significantly increased RISK of consuming such FOODS by way of a DISCLOSURE and REMINDER, as specified in (b) and (c) of this section using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means.Pf(b) DISCLOSURE shall include: 1. A description of the animal-derived FOODS, such as "oysters on the half shell - raw oysters," "raw-EGG Caesar salad," and "hamburgers - can be cooked to order";Pf or2. Identification of the animal-derived FOODS by asterisking them to a footnote that states that the items are served raw or undercooked, or contain - or may contain - raw or undercooked ingredients.Pf(c) REMINDER shall include asterisking the animal-derived FOODS requiring DISCLOSURE to a footnote that states: 1. Regarding the safety of these items, written information is available upon request;Pf2. Consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness;Pf or3. Consuming raw or undercooked MEATS, POULTRY, seafood, shellfish, or EGGS may increase your RISK of foodborne illness, especially if you have certain medical conditions.PfGa. Comp. R. & Regs. R. 40-7-1-.13
O.C.G.A. §§ 26-2-1, et seq.
Original Rule entitled "Cleanliness of Employees" filed on June 30, 1965.Repealed: New Rule entitled "Preventing Contamination from Ice Used as a Coolant" adopted. F. Apr. 30, 1996; eff. May 20, 1996.Repealed: New Rule entitled "Food: Food Identity, Presentation, and Labeling" adopted. F. Sep. 11, 2015; eff. Oct. 1, 2015.Amended: F. Sep. 27, 2019; eff. Oct. 17, 2019.