Rule 40-7-20-.02. Definitions

The following definitions will apply in the interpretation and enforcement of this Chapter:

1. (1) "Adulterated" will have the same definition as defined in O.C.G.A. § 26-2-26.
2. (2) "Code of Federal Regulations" means the compilation of the general and permanent rules published in the Federal Register by the executive departments and agencies of the federal government.
3. (3) "Commissioner" means the Commissioner of Agriculture of the State of Georgia.
4. (4) "Department" means the Georgia Department of Agriculture.
5. (5) "Egregious Condition" means a practice, condition, or situation on a farm or in a packing house that is reasonably likely to lead to serious adverse health consequences or death from the consumption of or exposure to covered produce.
6. (6) "Fresh Sprouts Processing Facility" means a commercial operation that grows, harvests, packs, or holds sprouts, except soil- or substrate-grown sprouts harvested without their roots.

7. (7) "Imminent Public Health Hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on:

   1. (a) the number of potential injuries, and
   2. (b) the nature, severity, and duration of the anticipated injury.
8. (8) "License", unless otherwise provided herein, means the document issued by the Department, for a fee, which authorizes a person to operate a fresh sprouts processing facility.
9. (9) "Misbranded" will have the same definition as defined in O.C.G.A. § 26-2-28.
10. (10) "Person" means an individual, partnership, corporation, or association or any combination thereof.

Authority: O.C.G.A. §§ 26-2-34, 26-2-441.

History. Original Rule entitled "Definitions" adopted. F. Apr. 25, 2019; eff. May 15, 2019.