Rule 40-15-4-.01. Food Products

Rule 40-15-4-.01. Food Products

1. (1) Berries and Small Fruits. The fruits shall be offered and exposed for sale by weight, or by measure in open-measure containers having capacities per subparagraph 40-15-4-.01(1)(a) or subparagraph 40-15-4-.01(1)(b), and when sold by measure, the containers shall be deemed not to be packages for labeling purposes.

   1. (a) Inch-Pound Capacities - 1/2 dry pint, 1 dry pint, or 1 dry quart.
   2. (b) Metric Capacities - 250 milliliters, 500 milliliters, or 1 liter.

2. (2) Bread. Each prepackaged loaf and each prepackaged unit of a twin or multiple loaf procured for sale, kept, offered, exposed for sale, or sold shall have a weight per subparagraph 40-15-4-.01(2)(a) or subparagraph 40-15-4-.01(2)(b); Provided, that the provisions of this section shall not apply to biscuits, buns, or rolls of inch-pound sizes 4 ounces or less or of metric sizes 100 grams or less or to "stale bread" sold and expressly represented at the time of sale as such, and, when so sold, the wrappers shall be deemed not to be packages for labeling purposes.

   1. (a) Inch-Pound Weights - 1/2 pound, 1 pound, 1 1/2 pound, or a multiple of 1 pound.
   2. (b) Metric Weights - 250 grams, 500 grams, 750 grams, or a multiple of 500 grams.

3. (3) Butter, Oleomargarine, and Margarine. These commodities shall be offered and exposed for sale and sold by weight per subparagraph 40-15-4-.03(3)(a) or 40-15-4-.03(3)(b).

   1. (a) Inch-Pound Weights - 1/4 pound, 1/2 pound, 1 pound, or multiples of 1 pound.
   2. (b) Metric Weights - 125 grams, 250 grams, 500 grams, or multiples of 500 grams.

4. (4) Flour, Corn Meal and Hominy Grits. Wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, corn flour, corn meal, and hominy grits, whether enriched or not, shall be packaged, kept, offered, or exposed for sale, or sold only in weights per subparagraph 40-15-4-.01(a) or subparagraph 40-15-4-.01(b); Provided, that inch-pound sizes less than 2 pounds or more than 100 pounds and that metric sizes less than 1 kilogram or more than 50 kilograms shall be permitted.

   1. (a) Inch-Pound Weights - 2, 5, 10, 25, 50, 100 pounds.
   2. (b) Metric Weights - 1, 2.5, 5, 10, 25, or 50 kilograms.

5. (5) Meat, Poultry, and Seafood. These commodities shall be sold by weight, except the following, which may be sold by weight, measure, or count:

   1. (a) shellfish;
   2. (b) items sold for consumption on the premises;
   3. (c) items sold as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold; and,

   4. (d) items sold as part of a sandwich.

      (When meat, poultry, or seafood is combined with some other food element to form a distinctive food product, the quantity representation may be in terms of the total weight of the product or combination, and a quantity representation need not be made for each element.)

      (In the case of ready-to-cook, stuffed poultry or meat products, the label must show the total net weight of the stuffed poultry or meat product and the minimum net weight of the poultry or meat in the product excluding the meat or poultry that may be part of the stuffing.)

6. (6) Fluid Milk Products. All fluid milk products, including, but not limited to, milk, lowfat milk, skim milk, cultured milks and cream shall be packaged for retail sale only in volumes per subparagraphs 40-15-4-.01(6)(a), (b), or (c) below: Provided, that inch-pound sizes less than 1 gill and metric sizes less than 100 milliliters shall be permitted.

   1. (a) Inch-Pound Volumes - 1 gill, 1/2 liquid pint, 10 fluid ounces, 1 liquid pint, 1 liquid quart, 1/2 gallon, 1 gallon, 1 1/2 gallons, 2 gallons, 2 1/2 gallons, or multiples of 1 gallon.
   2. (b) Metric Volumes - 125 milliliters, 250 milliliters, 500 milliliters, 1 liter, or multiples of 1 liter.

7. (7) Other Milk Products. Cottage cheese, cottage cheese products, and other milk products which are solid, semi-solid, viscous, or a mixture of solid and liquid, as defined in the Pasteurized Milk Ordinance of the U.S. Public Health Service, as amended in 1965, shall be sold in terms of weight: Provided, that cottage cheese, cottage cheese products, sour cream and yogurt shall be packaged for retail sale only in weights per subparagraph 40-15-4-.01(7)(a), (b), or (c) below: and Provided further, that multipack or single serving inch-pound sizes of 6 ounces or less shall be sold only in whole-ounce increments, and that metric sizes of 200 grams or less shall be sold in 25 gram increments.

   1. (a) Inch-Pound Weights - 8, 12, 16, 24, 32, 64, and 128 ounces avoirdupois.

   2. (b) Metric Weights - 250, 375, 500, 750 grams; 1, 2, and 4 kilograms.

      (Standard package sizes shall apply to low fat and dry curd cottage cheese products as of July 1, 1984.)

8. (8) Prepackaged Ice Cream and Similar Frozen Products. Ice cream, ice milk, frozen yogurt, and similar products shall be packaged for sale in terms of fluid measure.
9. (9) Pickles. The declaration of net quantity of contents on pickles and pickle products, including relishes but excluding one or two whole pickles in a transparent wrapping which may be declared by count, shall be expressed in terms of liquid measure. Sales of pickles from bulk may be by count.
10. (10) Pricing of Bulk Food Commodities. Bulk food commodities or food commodities not in package form and sold by weight shall be priced in terms of whole units of weight and not in common or decimal fractions.

(11) Generic Terms for Meat Cuts. A declaration of identity for meat cuts shall be limited to generic terms, such as those listed in the Uniform Retail Meat Identity Standards. The following abbreviations may be used: BAR B Q Barbecue POT-RST Pot Roast BI Bone In RND Round BNLS Boneless RST Roast DBLE Double SHLDR Shoulder LGE Large SQ Square N.Y. (NY) New York STK Steak PK Pork TRMD Trimmed

1. (12) Sale of Meats by Carcass, Side or Primal Cut. At the time of delivery of bulk meat to the purchaser, the seller shall provide a written statement giving the following information:

   1. (a) the name and address of the seller (firm);
   2. (b) the date of the sale;
   3. (c) the name and address of the purchaser;
   4. (d) the identity in the most descriptive terms commercially practicable;
   5. (e) the quality grade and the yield grade, if so represented;
   6. (f) the price per pound before cutting and wrapping and the total price of the sale;
   7. (g) the total net weight (hanging weight) of the carcass, side, or primal cut prior to cutting or processing;
   8. (h) the total net weight of the cut and processed meat delivered to the purchaser;
   9. (i) a list by name of all cuts delivered;
   10. (j) an itemized list of any and all charges over and above the original sale price of the carcass, side or primal cut; and,
   11. (k) a separate indication of the quantity of any meat or other commodity(ies) received by the purchaser as an inducement in connection with the purchase of the carcass, side, or primal cut.

Authority: O.C.G.A. Sec. 10-2-5(Ga. L. 1972, p. 654).

History. Original Rule entitled "Paper Products" was filed and effective on June 30, 1965.

Amended: Rule repealed and a new Rule entitled "Sale from Bulk" adopted. Filed November 30, 1973; effective December 20, 1973.

Amended: Rule repealed and a new Rule entitled "Food Products" adopted. Filed March 1, 1984; effective March 21, 1984.