Under Georgia Law, Is a Food Truck Operator Liable If a Customer Suffers Food Poisoning in Macon?

Introduction

This article examines Georgia statutes concerning food safety standards under the Georgia Food Act in the context of mobile food service operations.

Scenario

A food truck operates at a festival in Central City Park in Macon, Georgia. A customer purchases and consumes a chicken sandwich from the truck. Hours later, the customer experiences severe food poisoning symptoms requiring hospitalization. Health department investigation reveals the food truck was storing raw chicken at improper temperatures. Multiple customers report similar illnesses after eating from the same truck.

Georgia Law

Georgia Food Act

Georgia Code § 26-2-25: “It is the duty of the Commissioner to enforce all food laws of this state now in effect or hereafter enacted and the rules and regulations promulgated thereunder. The Commissioner shall make or cause to be made such examinations and investigations as are necessary to carry out effectively the provisions of this article.”

Prohibited Acts

Georgia Code § 26-2-26(a): “The following acts and causing any such acts within this state are prohibited: (1) The manufacture, sale, or delivery, holding, 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.”

Adulterated Food Definition

Georgia Code § 26-2-24(a): “A food shall be deemed to be adulterated: (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; (2) If it bears or contains any added poisonous or added deleterious substance; (3) If it consists in whole or in part of any filthy, putrid, or decomposed substance or if it is otherwise unfit for food.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes customers suffering food poisoning from a food truck in Macon, Georgia. Georgia Code § 26-2-25 establishes commissioner enforcement duties. Georgia Code § 26-2-26 prohibits selling adulterated food. Georgia Code § 26-2-24 defines adulterated food. These statutes establish the framework for food truck operator liability under Georgia law.

FAQ

Q: What does Georgia Code § 26-2-25 require? A: Georgia Code § 26-2-25 states it is “the duty of the Commissioner to enforce all food laws of this state” and to “make or cause to be made such examinations and investigations as are necessary.”

Q: What acts does Georgia Code § 26-2-26 prohibit? A: Georgia Code § 26-2-26(a) prohibits “The manufacture, sale, or delivery, holding, or offering for sale of any food that is adulterated or misbranded.”

Q: How does Georgia Code § 26-2-24 define adulterated food? A: Georgia Code § 26-2-24(a) includes food that “bears or contains any poisonous or deleterious substance which may render it injurious to health.”

Q: Where are food safety laws found in the Georgia Code? A: Food safety laws are found in Georgia Code Title 26, Chapter 2.

Q: Does Georgia Code § 51-1-2 apply to food service operators? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.

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