Rule 40-10-2-.14 - Marking Products and Their Containers(1) Authorization required to make devices bearing official marks. No brand manufacturer, printer, or other person shall cast, print, lithograph, or otherwise make or cause to be made any device containing any official mark or simulation thereof without prior written authority therefore from the Commissioner.(2) Approval required for official marks. No device containing any official mark shall be made or caused to be made for use on any product until it has been approved by the Commissioner as provided for in 40-10-1-.19 of this chapter.(3) Use of official marks prohibited except under supervision of Program employee; removal of official marks, when required: (a) No person shall affix or place, or cause to be affixed or placed, the official inspection legend or any other official mark, or any abbreviation or simulation of any official mark, to or on any product, or container thereof, except under the supervision of a Program employee.(b) No person shall fill, or cause to be filled, in whole or in part, with any product, any container bearing or intended to bear any official mark or any abbreviation or simulation of any official mark, except under the supervision of a Program employee.(c) Product bearing any official mark shall not be canned, cooked, cured, smoked, salted, packed, rendered, or otherwise prepared by any person for commercial purposes unless: (i) Such preparation is performed at an official establishment; or(ii) Such preparation is conducted under State or other governmental inspection and the prepared product is marked to show that fact; or(iii) The official marks are removed, defaced or otherwise destroyed before or during such preparation.(iv) The preparation of the product consists of cutting up operations at any establishment exempted from inspection under Section 40-10-2-.06 of this chapter or equal provisions of a law of a State or organized Territory.(4) Unmarked inspected products moved between official establishments; moved in commerce. (a) Unmarked products which have been inspected and passed but do not bear the official inspection legend may be transported from one official establishment to another official establishment, for further processing, in a railroad car, truck, or other closed container, if they are sealed with the official seal of the Department (as prescribed in 40-10-1-.14 of the Georgia Department of Agriculture Meat Inspection Rules) bearing the official inspection legend.(b) Products which have been inspected and passed but do not bear the official inspection legend may be removed from an official establishment in closed containers bearing the official inspection legend and all other information required by this part and 40-10-2-.15 of this chapter: Provided, that upon removal from such closed container the product may not be further transported in commerce unless such removal was made under the supervision of a Program employee and such product is re-inspected by a Program employee and packed under his supervision in containers bearing the official inspection legend and all other information required by this part and 40-1-1-.19 of this chapter: and provided further, that unmarked products shall not be brought into an official establishment in an open container.Ga. Comp. R. & Regs. R. 40-10-2-.14
O.C.G.A. Secs. 26-2-202, 26-2-205.
Original Rule entitled "Marking Products and Their Containers" adopted. F. Jan. 17, 2003; eff. Feb. 6, 2003.