Certain products sold in the state of Georgia are subject to state-level product standards, heavy metals restrictions, labeling, and other requirements. This guide serves as an introduction to such regulations and standards applicable to cosmetics, batteries, packaging materials, and other products sold in Georgia.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in Georgia. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Standards, Labeling, and Adulteration Of Drugs And Cosmetics
Georgia Code Title 26 sets out the labeling and adulteration requirements for food, drugs, and cosmetic products. In general, no company should manufacture, sell, or deliver any adulterated or misbranded drug or cosmetic products.
This code covers both drugs and cosmetics as defined below:
a. Cosmetics – The code defines a cosmetic as an article that can be applied to the human body (e.g. rubbed, sprayed), for the purpose of beauty, clean or similar.
Here are some product examples:
- Facial makeups
- Skin moisturizers
b. Drugs – The code defines a drug as an article that is used for medical treatment purposes (e.g diagnosis, cure, prevention of disease).
Here are some product examples:
The code provides guidelines on how to determine when drugs and cosmetic products are deemed adulterated or misbranded. Also, it sets out the following requirements:
a. It prohibits manufacturers to sell, deliver, or hold any adulterated or misbranded drug, and cosmetic product
b. Drugs or cosmetic products should conform with the FDA requirements when applicable.
c. It introduces specific labeling and advertising requirements for drugs used as an antiseptic
For any drug product that includes the warning “Caution: Federal law prohibits dispensing without prescription“, sellers should indicate the name and address of the manufacturer on the label. Also, when the drug is manufactured by an affiliated or subsidiary company of the distributor, its name and address should be included on the label.
For antiseptic drugs, sellers should include the word “Germicide” on the label, except for inhibitory use such as wet dressing, ointment, dusting powder, or others.
Universal Waste Rule
The Department of Natural Resources enforces hazardous waste regulations, including the Universal Waste Rule. This rule covers waste management and labeling requirements for several categories of products.
The Universal Waste Rule applies to four main categories of wastes:
- Discarded batteries
- Mercury-containing equipment
The rule provides requirements for several aspects, including the following:
a. It prohibits any disposal of universal waste
b. The container of universal waste must be closed, structurally sound, and compatible with the wastes
c. The universal waste label must identify the type of waste
d. The import and export of universal wastes should comply with the federal requirements set in 40 CFR 262.53, 262.56, 262.57, and 262.58.
You can browse the specific chapters of the Code of Regulations on the government’s website.
The labeling requirements apply to all types of universal waste, and include the following:
a. Universal wastes, containers, and packages must be attached with a “Universal Waste [Product name]” label, for example, Universal Waste Mercury Lamp.
b. Universal wastes, containers, and packages must be attached with an “accumulation time” label, which demonstrates the earliest date of receiving the waste.
Lead-acid Vehicle Batteries
The Georgia Code Title 12-8-28 provides a general provision on the waste management of lead-acid vehicle batteries.
The code sets out the requirements for lead-acid vehicle batteries such as below:
a. No person should place a used lead-acid vehicle battery in mixed municipal solid waste or discard or other disposals
b. Sellers of lead-acid vehicle batteries should accept batteries from customers for recycling
c. The batteries should be labeled with the universal recycling symbol and written notices
The code requires that lead-acid vehicle batteries should be labeled with:
a. A universal recycling symbol
b. A written notice, which must be at least 8 ½ inches by 11 inches in size, and includes the following message:
“IT IS ILLEGAL TO PUT A MOTOR VEHICLE BATTERY IN THE GARBAGE. RECYCLE YOUR USED BATTERIES. STATE LAW REQUIRES US TO ACCEPT MOTOR VEHICLE BATTERIES FOR RECYCLING.”
Fair Business Practices Act
Georgia’s Fair Business Practices Act prohibits unfair and deceptive actions such as providing false information about a product origin. It applies to a wide range of consumer transactions including the sales or lease of goods, and services.
The act applies to a wide range of consumer product transactions, including the following:
- Jewelry products
- Textile products
- Electronic products
- Children products
The Fair Business Practices Act prohibits activities as listed below:
a. Passing off goods or services to other companies without notice
b. False information about the product origin
c. False information about the product condition (e.g claiming that goods are new when they are not)
d. Making false statements about sale prices
Manufacturers and sellers must ensure that the label reveals the correct information about the products. Also, the product label should provide sufficient information to the consumer, such as the following:
- Product SKU
- Product instructions
- Manufacturer information
- Warning statement (if applicable)
Product Packaging Prohibition
The Georgia Code Title 12-8-162 sets out prohibition rules against the sales of packages that contain excessive levels of heavy metals such as lead and mercury.
The restriction also applies to packaging and packaging components such as below:
- Other additives
No manufacturer or distributor should offer or provide packages that contain excessive amounts of the following heavy metals:
- Hexavalent chromium
The code requires that the sum of the concentration levels for each heavy metal should not exceed 0.01% (one hundred parts per million) by weight.
The code states that the concentration levels of lead, cadmium, mercury, and hexavalent chromium should be determined using either one of the following:
a. American standard of testing materials test methods (e.g ASTM standard)
b. Environmental Protection Agency (EPA) test methods for evaluating solid waste
Manufacturers should contact a lab testing company to assess the concentration level of heavy metals in their product’s packages.
Liability of Product Seller as a Manufacturer
The Georgia Code Title 51 lays out the liability of product sellers as a manufacturer. It also clarifies the cases in which a product seller is not liable for product liability actions claims.
The code defines a “product seller” as a person who is in the business of placing a product in the market (e.g. sales, distribution, repairment). The definition excludes manufacturers.
The code states that since a product seller is not a manufacturer, it is not liable for problems related to manufacturing such as the following:
- Manufacturing defects
- Design defects
|Standards, Labeling, and Adulteration Of Drugs And Cosmetics||Link|
|Universal Waste Rule||Link|
|Lead-acid Vehicle Batteries||Link|
|Fair Business Practices Act||Link|
|Product Packaging Law||Link|
|Liability of Product Seller as a Manufacturer||Link|