---
title: O.C.G.A. § 26-2-22. Prohibited acts.
collection: code
id: 26-2-22
cite_as: O.C.G.A. § 26-2-22 (2025)
canonical_url: https://georgiacommons.org/code/26-2-22
md_url: https://georgiacommons.org/code/26-2-22.md
text_url: https://georgiacommons.org/code/26-2-22/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t24-t26-(v21)-2023-pdf.pdf?sfvrsn=5423edd_0#page=295
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/26-2.md
previous: https://georgiacommons.org/code/26-2-21.md
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index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: FOOD, DRUGS, AND COSMETICS / STANDARDS, LABELING, AND ADULTERATION OF FOOD / ADULTERATION AND MISBRANDING OF FOOD
extraction_warnings:
  - dehyphenation_ambiguous:record-keeping
---

# O.C.G.A. § 26-2-22. Prohibited acts.

The following acts and the causing thereof within this state are prohibited:

(1) The manufacture, sale or delivery, holding, storage, or offering for sale of any food that is adulterated or misbranded;

(2) The adulteration or misbranding of any food;

(3) The receipt in commerce of any food that is adulterated or misbranded and the delivery or proffered delivery thereof for pay or otherwise;

(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of Code Section 26-2-27;

(5) The dissemination of any false advertisement;

(5.1) The failure to comply with testing, reporting, or record-keeping requirements provided by or pursuant to Code Section 26-2-27.1;

(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Code Section 26-2-36;

(7) The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the State of Georgia from whom he received in good faith the food;

(8) The removal or disposal of a detained or embargoed article in violation of Code Section 26-2-38;

(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of or the doing of any other act with respect to a food, if such act is done while such article is held for sale and results in such article being adulterated or misbranded;

(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated pursuant to this article; and

(11) The operation of a food sales establishment in violation of Code Section 26-2-25.

## History

Ga. L. 1956, p. 195, § 3; Ga. L. 1971, p. 66, § 2; Ga. L. 1984, p. 22, § 26; Ga. L. 1985, p. 149, § 26; Ga. L. 2009, p. 441, § 1/SB 80; Ga. L. 2023, p. 730, § 4(b)(2)/HB 475, effective July 1, 2023.

The 2023 amendment, effective July 1, 2023, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 26-2-27” for “Code Section 26-2-37” in paragraph (4).

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 1985, a comma was deleted following “using” in paragraph (10).