Notice of Intent to Consider the Adoption of Additional Regulations Applicable to Processing Plants
January 8, 2010
Notice of Intent to Consider the Adoption of additional regulations applicable to processing plants.
TO ALL INTERESTED PERSONS AND PARTIES:
Notice is hereby given that the Georgia Department of Agriculture will hold a public hearing on February 19, 2010, at 10 a.m. in Room 201 of the Agriculture Building, located at 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334. Such hearing will be for the purpose of considering the adoption of additional Rules of the Department relating to processing plants promulgated pursuant to the Georgia Food Act, as amended (O.C.G.A. § 26-2-20, et seq.).
SYNOPSIS, MAIN FEATURES AND DIFFERENCES:
It is proposed to promulgate rule 40-7-18-.01 to comply with Senate Bill 80, passed during the 2009 Legislative Session, and implemented to provide requirements of testing of samples of foods and ingredients of food processing plants for the presence of poisonous or deleterious substances or other contaminants. This bill provides for food safety plans, reports and records and provides the right of entry in food establishments and transport vehicles and the examination of samples obtained.
Basically, SB 80 allows the Commissioner to establish requirements for regular testing of samples or specimens of food and ingredients by food processing plants for the presence of poisonous or deleterious substances or other contaminants that render such foods or ingredients injurious to health. The rules promulgated pursuant to this Senate Bill, identify the specific classes or types of food processing plants, foods, ingredients, and poisonous or deleterious substances or other contaminants that shall be subject to testing requirements and the frequency with which such tests shall be performed by food processing plants.
These rules also establish minimum standards and requirements for a written food safety plan that may be submitted by a food processing plant to document and describe the procedures used at the plant to prevent the presence of poisonous or deleterious substances or other contaminants that would render finished foods or ingredients as manufactured at such plant injurious to health. If a food safety plan is submitted, the food processing plant must comply with the requirements of such food plan as well as the rules and regulations promulgated pursuant to Senate Bill 80.
Additionally, the Commissioner may order any food processing plant to have samples or specimens of foods and ingredients tested for the presence of poisonous or deleterious substances or other contaminants when, in his or her determination, there are reasonable grounds to suspect that such food or ingredients may be injurious to health.
The Department is proposing rules that would further require that any food processing plant subject to any testing requirements pursuant to these rules to comply with the testing standards and procedures established by the rules. These testing standards are consistent with standards presented in the federal Food and Drug Administration’s Bacterial Analytical Manual and standards developed by the Association of Analytical Communities International, International Organization for Standardization, or another internationally recognized certification body. The food processing plant shall be responsible for the cost of any testing that is required and may conduct that testing either internally or via a third party. If testing indicates a positive test result or the presence of a substance that would cause a manufactured food bearing or containing the same to be adulterated, such person or firm shall report such test result to the Department within 24 hours after obtaining such information. Records relating to testing must be kept by a food processing plant for a period of 2 years and be made available to the Department upon inspection. These rules shall not apply to any food processing plant that operates under a federal grant of inspection from U.S.D.A.
Moreover, the rules allow for the Commissioner or his representative to have free access during all hours of operation to any factory, warehouse, vehicle or establishment in which food is manufactured, processed, packaged, or held for the introduction into commerce.
Interested persons may call to request a copy of the proposed rules or may submit written request to:
Mr. Oscar Garrison, Assistant Commissioner
Consumer Protection
Georgia Department of Agriculture
19 Martin Luther King, Jr. Drive, Room 321
Atlanta, Georgia 30334
Telephone Number: 404-656-3630
FAX Number: 404-463-6428
Please submit written comments to the above address or fax. Written comments must be received no later than the close of business (4:30 p.m. EDT) on February 18, 2010. You may download a copy of the synopsis and the proposed rules below.
This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. §50-13-4.
Associated Document(s):
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Processing Regulations 01-07-10.pdf |
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