2025 Code of Georgia
Title 26 - Food, Drugs, and Cosmetics (Chs. 1 — 5)
Chapter 2 - Standards, Labeling, and Adulteration of Food (Arts. 1 — 19)
Article 2 - Adulteration and Misbranding of Food (§§ 26-2-20 — 26-2-41)

Annotations

JUDICIAL DECISIONS

The “Georgia Food Act” (O. C. G. A. § 26-2-20 et seq.), 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 Ga. App. LEXIS 1942 (1983).

In determining whether the violation of a statute or ordinance, such as O. C. G. A. § 26-2-20 et seq., 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 Ga. App. LEXIS 1942 (1983).

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. § 26-2-20 et seq. affords the plaintiff no basis for recovery. Potts v. Fidelity Fruit & Produce Co., 165 Ga. App. 546, 301 S. E.2d 903, 1983 Ga. App. LEXIS 1942 (1983).

Research References & Practice Aids

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.

O. C. G. A. Title 26

O. C. G. A. Title 26, Ch. 2