---
title: O.C.G.A. § 26-2-371. Food service establishment and mobile food service establishment permits.
collection: code
id: 26-2-371
cite_as: O.C.G.A. § 26-2-371 (2025)
canonical_url: https://georgiacommons.org/code/26-2-371
md_url: https://georgiacommons.org/code/26-2-371.md
text_url: https://georgiacommons.org/code/26-2-371/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=427
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.
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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 / FOOD SERVICE ESTABLISHMENTS
---

# O.C.G.A. § 26-2-371. Food service establishment and mobile food service establishment permits.

It shall be unlawful for any person to operate a food service establishment without having first obtained a valid food service establishment permit. Such permits shall be issued by the county board of health or its duly authorized representative, subject to supervision and direction by the Department of Public Health; but, where the county board of health is not functioning, such permit shall be issued by the Department of Public Health. Except as provided for in Code Section 26-2-379, such permits shall be valid until suspended or revoked and shall not be transferable with respect to person or location. When a mobile food service establishment has been permitted in any county, that permit shall be recognized by all counties pursuant to Code Section 26-2-379. Except as provided for in Code Section 26-2-379, nothing contained in this article shall prevent any municipality from adopting rules and regulations governing the licensing and operation of food service establishments.

## History

Ga. L. 1958, p. 371, § 2; Code 1933, § 88-1002, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2022, p. 574, § 2/HB 1443.

The 2022 amendment, effective January 1, 2023, substituted “Except as provided for in Code Section 26-2-379, such” for “Such” at the beginning of the third sentence; added the fourth sentence; and substituted “Except as provided for in Code Section 26-2-379, nothing” for “Nothing” at the beginning of the last sentence.

## Law Reviews

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).