26-2-21. Definitions.

1. (a)

   As used in this article, the term:#

   1. (1)

      “Commissioner” means the Commissioner of Agriculture.#

   2. (2)

      “Contaminated with filth” applies to any food not securely protected from dust, dirt, and, as far as may be necessary, by all reasonable means, from all foreign or injurious contamination.#

   3. (3)

      “Federal act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. Section 301, et seq., 52 Stat. Section 1040, et seq.).#

   4. (4)

      “Food” means:#

      1. (A)

         Articles used for food or drink for human consumption;#

      2. (B)

         Chewing gum; and#

      3. (C)

         Articles used for components of any such articles.#

   5. (5)

      “Food sales establishment” means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. Such term shall not include:#

      1. (A)

         The food sales component of any food service establishment defined in Code Section 26-2-370;#

      2. (B)

         Food service establishments as defined in Code Section 26-2-370;#

      3. (C)

         Establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which:#

         1. (i)

            Is sponsored by a political subdivision of this state; and#

         2. (ii)

            Lasts 120 hours or less;#

      4. (D)

         Establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer’s name and street address, all added ingredients, and the net weight or volume of the product;#

      5. (E)

         Nonprofit food sales and food service provided under a permit issued pursuant to Article 14 of this chapter;#

      6. (F)

         Cottage food operators as provided for in Code Section 26-2-471; or#

      7. (G)

         A person selling non-potentially hazardous foods, as defined in Code Section 26-2-470, at a bake sale affiliated with a nonprofit, charitable, or religious organization.#

   6. (6)

      “Immediate container” does not include package liners.#

   7. (7)

      “Label” means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under the authority of this article that any word, statement, or other information appear on the label shall not be considered to be complied with unless each such word, statement, or other information also appears on the outside wrapper or container, if there is any, of the retail package of such article, or is easily legible through the outside container or wrapper.#

   8. (8)

      “Labeling” means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers or accompanying such article.#

   9. (9)

      “Official compendium” means the official United States Pharmacopeia, official Homeopathic Pharmacopoeia of the United States, official National Formulary, or any supplement to any of them.#

   10. (10)

       “Person” means an individual, partnership, corporation, or association or any combination thereof.#

2. (b)

   The provisions of this article regarding the selling of food shall be considered to include the manufacture, production, packaging, offer, exposure, possession, and holding of any such articles and the supplying or applying of any such articles in the conduct of any food establishment.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.