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2020 Georgia Code
Title 26 - Food, Drugs, and Cosmetics
Chapter 2 - Standards, Labeling, and Adulteration of Food
Article 2 - Adulteration and Misbranding of Food


Cross references.

- Authority of Commissioner of Agriculture to impose penalty in lieu of other action, § 2-2-10.

Powers and duties of Commissioners with regard to use, and advertisement of weights and measures pertaining to commodities generally, § 10-2-1 et seq.

JUDICIAL DECISIONS

Purpose of O.C.G.A. Title 26, Chapter 2, Article 2. - O.C.G.A. Title 26, Chapter 2, Article 2, the "Georgia Food Act," is a consumer protection Act, designed not to render the workplace a safe environment, but to prevent the sale and distribution of adulterated or misbranded foods to consumers. While safety in the workplace and compensation for injuries arising out of work activities are indeed matters of contemporary concern, they are the subject of other legislative enactments on both the state and federal level. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).

Determining if violation is negligence per se.

- In determining whether the violation of a statute or ordinance, such as O.C.G.A. Title 26, Chapter 2, Article 2, is negligence per se as to a particular person, it is necessary to examine the purposes of the legislation and decide: (1) whether the injured person falls within the class of persons the statute was intended to protect; and (2) whether the harm complained of was the harm the statute was intended to guard against. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).

Injuries sustained other than in consumption of food not actionable under O.C.G.A. Title 26, Chapter 2, Article 2. - When the plaintiff brought an action to recover for personal injuries which the plaintiff allegedly sustained when bitten by a spider while unloading bananas from a truck and the incident occurred during the course of the plaintiff's employment because the alleged injuries did not arise incident to the plaintiff's consumption of the bananas, the trial court was correct in concluding that O.C.G.A. Title 26, Chapter 2, Article 2 affords the plaintiff no basis for recovery. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S.E.2d 903 (1983).

Cited in Foster v. Georgia Bd. of Chiropractic Exmrs., 257 Ga. 409, 359 S.E.2d 877 (1987).

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