---
title: HB 228. Georgia Farmstead Relief Act; enact
collection: bills
id: 2025-2026/hb228
cite_as: HB 228, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb228
md_url: https://georgiacommons.org/bills/2025-2026/hb228.md
text_url: https://georgiacommons.org/bills/2025-2026/hb228/text
source_url: https://www.legis.ga.gov/legislation/69833
date: 2025-02-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb228.md?full=1
bill_number: HB 228
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-04
last_action: House Second Readers
sponsors:
- Mitchell Horner
- Jason Ridley
- Charles Cannon
- Jordan Ridley
- Brent Cox
- Trey Kelley
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB228/2025
upstream_id: 1955605
summaries_model: claude-sonnet-5
topic_tags:
- dairy farming
- food safety regulation
- farm policy
- small business licensing
- raw milk and pasteurization
---
# HB 228. Georgia Farmstead Relief Act; enact
## Text
House Bill 228
By: Representatives Horner of the 3rd, Ridley of the 6th, Cannon of the 172nd, Ridley of the
22nd, Cox of the 28th, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to
standards, labeling, and adulteration of food, so as to authorize and regulate the production
of farmstead products for human consumption; to provide relief from unnecessary regulatory
burdens to small dairy farmers and dairy product producers; to provide standards for safety,
cleanliness, and health for such products; to authorize the Commissioner of Agriculture to
enforce such standards and to promulgate rules and regulations; to provide for and require
permits related to the production of farmstead products; to provide for penalty; to provide for
definitions; to provide for related matters; to provide a short title; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia Farmstead Relief Act."
SECTION 2.
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,
labeling, and adulteration of food, is amended by adding a new article to read as follows:
"ARTICLE 19
26-2-500.
As used in this article, the term:
(1) 'Commissioner' means the Commissioner of Agriculture of the State of Georgia.
(2) 'Department' means the Department of Agriculture of the State of Georgia.
(3) 'Farmstead' is any place or premises where one or more lactating animals, such as
cows, goats, and sheep, are kept for milking purposes, and from which a part or all of the
milk produced by the resident lactating animals is processed in an on-site farmstead
manufacturing plant to manufacture farmstead products.
(4) 'Farmstead manufacturing plant' is a facility located on a farmstead in which
farmstead milk is pasteurized and used to make farmstead products.
(5) 'Farmstead milk' is milk produced by farmstead lactating animals which is
pasteurized and processed in a farmstead manufacturing plant to manufacture farmstead
products.
(6) 'Farmstead products' are dairy products, including cheese, butter, and ice cream,
made in a farmstead manufacturing plant for human consumption. Farmstead products
are limited to class II-IV dairy products as defined by the Federal Milk Order System of
the United States Department of Agriculture.
26-2-501.
Farmstead products which are in compliance with this article and in compliance with the
rules and regulations promulgated pursuant to this article may be sold, offered for sale, or
delivered to the consuming public for the purpose of human consumption.
26-2-502.
All farmstead manufacturing plants must have a valid dairy manufacturer's license issued
by the department.
26-2-503.
No license or permit shall be required for a farmstead.
26-2-504.
(a) The Commissioner is charged with the responsibility of enforcing this article.
(b) It shall be the duty of the Commissioner or his or her authorized food safety division
representative:
(1) To inspect or cause to be inspected the farmstead manufacturing plant at the time of
licensure, annually thereafter, and in the event of concerns about the safety of farmstead
products produced by the farmstead manufacturing plant;
(2) To prohibit the production, sale, or distribution of unclean or unwholesome farmstead
products;
(3) To condemn for food purposes all unclean or unwholesome farmstead products,
wherever found;
(4) To take samples anywhere of farmstead products and cause the same to be analyzed
or satisfactorily tested;
(5) To inspect and make tests of any instrument or equipment used in the production of
farmstead products; and
(6) To compile and publish in print or electronically annually, or at such shorter intervals
as he or she may desire, statistics and information concerning farmsteads in this state.
26-2-505.
The Commissioner shall have the power to adopt, amend, and repeal rules and regulations
to implement and enforce this article; provided, however, that all rules and regulations shall
be of uniform application; and provided, further, that all rules and regulations shall be
adopted, amended, or repealed in accordance with Chapter 13 of Title 50, the 'Georgia
Administrative Procedure Act.' The rules and regulations shall include, but not be limited
to, the following:
(1) Rules and regulations to provide for the labeling of farmstead products; and
(2) Rules and regulations to prescribe the specifications of all equipment used in the
production of farmstead products and instruments that may be used in the testing of
farmstead milk used in the production of farmstead products, except as otherwise
specified by this article.
26-2-506.
(a) It shall be unlawful for any farmstead manufacturing plant that does not possess a dairy
manufacturer's license from the department to manufacture or sell farmstead products.
(b) Licenses shall not be transferable to other persons or locations.
(c) Applications for all licenses provided for in this article shall be made to the
Commissioner on such forms as he or she may prescribe. The Commissioner may deny,
refuse, suspend, or revoke any license, after notice and a hearing, for any violation of or
failure to comply with this article or the rules and regulations promulgated hereunder;
provided, however, that the hearing shall be held in accordance with Chapter 13 of Title 50,
the 'Georgia Administrative Procedure Act.'
26-2-507.
(a) All farmstead products shall be packaged and sealed at the same location where
produced.
(b) All containers and packages enclosing farmstead products shall be labeled in
accordance with the applicable requirements of the federal Food, Drug, and Cosmetic Act,
as amended, the federal Nutrition Labeling and Education Act (NLEA) of 1990 and
regulations developed thereunder, and the Code of Federal Regulations and shall comply
with the applicable requirements of this article.
26-2-508.
(a) Samples of farmstead milk and farmstead products shall be collected by the department
and tested prior to a dairy manufacturer's license being issued to the farmstead
manufacturing plant.
(b) The farmstead shall provide to the department satisfactory testing results prior to:
(1) The farmstead manufacturing plant receiving a dairy manufacturer's license and
beginning production or distribution; or
(2) Reinstatement of a dairy manufacturer's license to a farmstead manufacturing plant
that has been suspended.
(c) Samples of farmstead milk and farmstead products, except as otherwise specified by
this article, may be taken for scientific examination for public health purposes, at any
reasonable time or place, and examined bacteriologically or for any other public health
reason by agents of the department. On a schedule or at times to be determined by the
department, such samples are to be collected by the farmstead and farmstead manufacturing
plant, properly packaged in prepaid parcels provided by the department and submitted to
a designated testing facility by overnight mail.
26-2-509.
All farmstead milk used in the production of farmstead products shall be pasteurized. No
raw milk pursuant to Article 18 of this chapter shall be used in the production of farmstead
products. Farmstead milk shall, except as otherwise specified in this article, meet the
requirements of milk for manufacturing purposes as defined by the United States
Department of Agriculture.
26-2-510.
Farmsteads located in regions determined by the U.S. Department of Agriculture's Animal
and Plant Health Inspection Service to be free of brucellosis and tuberculosis whose
lactating animals, including cows, goats, and sheep, are used to produce farmstead milk to
be used to make farmstead products shall be exempt from any brucellosis and tuberculosis
testing requirements.
26-2-511.
Farmsteads shall be exempt from all mandatory testing of milk for manufacturing purposes
except:
(1) The appearance and odor test; and
(2) Testing for antibiotic residues. Farmsteads shall be responsible for conducting,
performing, and recording the testing of farmstead milk prior to pasteurization and use
in the manufacture of farmstead products.
26-2-512.
(a) The Commissioner shall be charged with the enforcement of this article and shall have
the power and authority, in connection with this and other provisions dealing with food or
food products, to revoke or cancel the dairy manufacturer's license of any person or
farmstead manufacturing plant doing business in this state who violates the laws of this
state or the rules and regulations made pursuant thereto.
(b) The enforcement methods authorized by this article shall be cumulative of those
otherwise provided by law, and the same are not superseded by this article.
26-2-513.
(a) Any person operating under this article shall furnish, upon the request of the
Commissioner, such data and statistics as he or she may require.
(b) All persons operating under this article shall keep complete and accurate records of
their operations, and the Commissioner shall have free access to all such records.
26-2-514.
Any person, firm, or corporation subject to this article and the other laws of this state who
violates any provision of this article or any valid rules or regulations made thereunder may
be enjoined from such continued violation. The Commissioner is authorized to apply for,
and for cause shown the superior court having jurisdiction of the defendant in any such
action may grant, injunctive relief by interlocutory injunction, permanent injunction, or
temporary restraining order, as the circumstances may warrant. The proceeding may be
maintained notwithstanding the pendency of any civil action and notwithstanding the
pendency of or conviction in a criminal proceeding arising from the same transaction.
Such action may be maintained without bond. The purpose of this Code section is to create
a statutory cause of action by way of injunction, and the Commissioner is authorized to
bring such proceedings in the same form and manner and in the same court as other
equitable proceedings may be brought. This remedy is not exclusive but is cumulative of
other remedies afforded to protect the consuming public from unwholesome products
which are economic frauds.
26-2-515.
Any person who violates any provision this article shall be guilty of a misdemeanor."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 228 would create a new category of small-scale dairy operations in Georgia called farmsteads, letting them make cheese, butter, and ice cream on-site under a lighter regulatory system than large dairy manufacturers face.
### Plain-language summary
Georgia currently regulates dairy manufacturing under one general licensing system. This bill, called the Georgia Farmstead Relief Act, adds a new set of rules specifically for farmsteads, small operations where farmers milk their own cows, goats, or sheep and process that milk on-site into products like cheese, butter, and ice cream.
Farmstead manufacturing plants must hold a dairy manufacturer's license from the Department of Agriculture, but the farmstead itself (the land and animals) needs no separate license or permit. All farmstead milk must be pasteurized, raw milk is not allowed, and products must be packaged and labeled where they are made, following federal food labeling law. Farmsteads get some testing exemptions, including relief from brucellosis and tuberculosis testing in disease-free regions and from most mandatory milk testing except for appearance, odor, and antibiotic residue checks. The Commissioner of Agriculture enforces the rules, can inspect, suspend or revoke licenses, and seek injunctions, and violations are misdemeanors.
### What it does
- Creates a new legal category called 'farmstead' for small farms that milk their own animals and process the milk on-site into dairy products for sale.
- Requires farmstead manufacturing plants to hold a dairy manufacturer's license from the Department of Agriculture, while exempting the farmstead itself from any license or permit.
- Requires all farmstead milk to be pasteurized and bars use of raw milk in farmstead products.
- Exempts farmsteads in disease-free regions from brucellosis and tuberculosis testing, and exempts farmsteads generally from most milk testing except appearance, odor, and antibiotic residue checks.
- Gives the Commissioner of Agriculture authority to inspect farmstead plants, set rules, suspend or revoke licenses, seek injunctions, and makes violations a misdemeanor.
### Who it affects
Small dairy farmers and dairy product producers who milk their own cows, goats, or sheep and make cheese, butter, or ice cream on-site; the Department of Agriculture and the Commissioner of Agriculture, who license and enforce the new rules; and consumers who buy farmstead dairy products.
### Why it matters
Small farms that want to make and sell dairy products on-site would face a separate, apparently lighter set of licensing and testing rules than standard dairy manufacturers, potentially making it easier to start or run such operations while still requiring pasteurization and state oversight.
### Key provisions
- Section 1 gives the Act its short title, the 'Georgia Farmstead Relief Act.'
- New Code section 26-2-500 defines key terms including 'farmstead,' 'farmstead manufacturing plant,' 'farmstead milk,' and 'farmstead products,' limiting products to class II-IV dairy products under federal milk order rules.
- New Code section 26-2-502 requires farmstead manufacturing plants to hold a dairy manufacturer's license, while section 26-2-503 exempts the farmstead itself from needing a license or permit.
- New Code section 26-2-509 requires pasteurization of all farmstead milk and bans raw milk from use in farmstead products.
- New Code sections 26-2-510 and 26-2-511 exempt qualifying farmsteads from brucellosis, tuberculosis, and most other milk testing requirements, keeping only appearance, odor, and antibiotic residue tests.
- New Code section 26-2-506 lets the Commissioner deny, suspend, or revoke licenses after notice and a hearing under the Georgia Administrative Procedure Act.
- New Code section 26-2-514 authorizes the Commissioner to seek injunctions against violators, and section 26-2-515 makes violations of the article a misdemeanor.
- Section 3 repeals conflicting laws.
## Status
- Status: Introduced (2025-02-04)
- Last action: House Second Readers (2025-02-06)
- Sponsors: Mitchell Horner, Jason Ridley, Charles Cannon, Jordan Ridley, Brent Cox, Trey Kelley
- Official page: https://www.legis.ga.gov/legislation/69833
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb228.md?full=1