---
title: O.C.G.A. § 3-5-2. Determination as to when possession occurs.
collection: code
id: 3-5-2
cite_as: O.C.G.A. § 3-5-2 (2025)
canonical_url: https://georgiacommons.org/code/3-5-2
md_url: https://georgiacommons.org/code/3-5-2.md
text_url: https://georgiacommons.org/code/3-5-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t1-t2-t3-(v3)-2019-pdf.pdf?sfvrsn=6ea3b7a1_0#page=794
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/3-5.md
previous: https://georgiacommons.org/code/3-5-1.md
next: https://georgiacommons.org/code/3-5-3.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: ALCOHOLIC BEVERAGES / MALT BEVERAGES / GENERAL PROVISIONS
---

# O.C.G.A. § 3-5-2. Determination as to when possession occurs.

For purposes of this chapter, with respect to malt beverages manufactured within this state, possession occurs when the product is first identifiable as a malt beverage, in accordance with this title and such regulations as may be promulgated by the commissioner pursuant to this title. With respect to malt beverages shipped from outside this state to a destination within this state, possession in the consignee occurs when the malt beverage first physically enters the state or when the risk of loss from destruction or casualty to the malt beverage is shifted from the consignor to the consignee located in this state, in accordance with the contract of the parties and the substantive commercial laws of this state, whichever event occurs first.

## History

Code 1933, § 5A-4102, enacted by Ga. L. 1980, p. 1573, § 1.

## Cross References

Placement of risks of loss in absence of breach of contract, § 11-2-509.