Bill Text: GA HB681 | 2011-2012 | Regular Session | Comm Sub

Georgia House Bill 681 (Prior Session Legislation)

Bill Title: Food sales and service establishments; revise definitions; exempt certain activities

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2012-03-22 - Senate Read Second Time [HB681 Detail]

Download: Georgia-2011-HB681-Comm_Sub.html

12 LC 40 0192S

The Senate Agriculture and Consumer Affairs Committee offered the following substitute to HB 681:

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to revise definitions relating to food sales establishments and food service establishments; to exempt certain activities relating to public and private schools and nonprofit entities; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, is amended by revising paragraph (5) of Code Section 26-2-21, relating to definitions relative to food sales establishments, as follows:

"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale:

(A) Is is an authorized part of and occurs upon the site of a fair or festival which:

(A)(i) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;

(B)(ii) Lasts 120 hours or less; and

(C)(iii) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted; or

(B) Is an authorized part of a fundraising activity conducted by a public or private school or by a religious, charitable, or similar nonprofit organization, in which one or more licensed food sales establishments sells food in accordance with the requirements of this article and which:

(i) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2;

(ii) Lasts 120 hours or less; and

(iii) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted."

SECTION 2.

Said chapter is further amended by revising paragraph (2) of Code Section 26-2-370, relating to definitions relative to food service establishments, as follows:

"(2) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products either for carry out or service within the establishment. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which retail sandwiches or salads; soda fountains; institutions, both public and private; food carts; itinerant restaurants; industrial cafeterias; catering establishments; and similar facilities by whatever name called. Within a food service establishment, there may be a food sales component, not separately operated. This food sales component shall be considered as part of the food service establishment. This term shall not include a 'food sales establishment,' as defined in Code Section 26-2-21, except as stated in this definition. The food service component of any food sales establishment defined in Code Section 26-2-21 shall not be included in this definition. This term shall not include any outdoor recreation activity sponsored by the state, a county, a municipality, or any department or entity thereof, any outdoor or indoor (other than school cafeteria food service) public school function, or any outdoor or indoor (other than school cafeteria food service) private school function. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such preparation or serving:

(A) Is is an authorized part of and occurs upon the site of a fair, or festival, or special event which:

(B)(ii) Lasts 120 hours or less; and

(C)(iii) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted; or

(B) Is an authorized part of a fundraising activity conducted by a public or private school or by a religious, charitable, or similar nonprofit organization, in which one or more permitted food service establishments sells or distributes edible products prepared by such food service establishment in accordance with the requirements of this article and which:

(ii) Lasts 120 hours or less; and

(iii) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.