---
title: O.C.G.A. § 26-2-36. Right of access to food establishments and transport vehicles.
collection: code
id: 26-2-36
cite_as: O.C.G.A. § 26-2-36 (2025)
canonical_url: https://georgiacommons.org/code/26-2-36
md_url: https://georgiacommons.org/code/26-2-36.md
text_url: https://georgiacommons.org/code/26-2-36/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=321
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/26-2-35.md
next: https://georgiacommons.org/code/26-2-37.md
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
---

# O.C.G.A. § 26-2-36. Right of access to food establishments and transport vehicles.

(a) The Commissioner or his duly authorized agent shall have free access during all hours of operation and at all other reasonable hours to any factory, warehouse, or establishment in which food is manufactured, processed, packed, or held for introduction into commerce and any vehicle being used to transport or hold such foods to commerce for the purposes:

(1) Of inspecting such factory, warehouse, establishment, or vehicle, any records of pathogen destruction, and any records of testing of samples or specimens of foods or ingredients for the presence of poisonous or deleterious substances or other contaminants and the results thereof as may be required pursuant to Code Section 26-2-27.1, to determine if any of the provisions of this article are being violated; and

(2) Of securing samples or specimens of any food, after paying or offering to pay for such sample.

(b) It shall be the duty of the Commissioner to make or cause to be made examinations of samples secured under subsection (a) of this Code section to determine whether or not this article is being violated.

## History

Ga. L. 1956, p. 195, § 16; Ga. L. 2009, p. 441, § 3/SB 80.