Ga. Comp. R. & Regs. R. 560-2-2-.34 - Product Recall
(1)
For products that are unmarketable due to internal content deterioration
resulting in the product varying substantially in taste or appearance from the
Manufacturer's specifications, or other conditions the Commissioner deems
appropriate, the Manufacturer, Shipper or Importer may petition the
Commissioner in writing to request authorization to recall such products.
(a) Except in cases where there is an
immediate threat to public health and safety, the recall request shall be
submitted so that it is received by the Alcohol & Tobacco Division at least
fifteen (15) days in advance of the proposed date for initiating the recall and
shall specifically detail the reason for the recall, including:
1. The extent and scope of the problem with
the product(s);
2. The amount in
distribution within Georgia; and
3.
The estimated amount of time needed to complete the recall.
(b) All approved recalls shall be
conducted by Wholesalers working in conjunction with the impacted Manufacturer,
Shipper, or Importer under terms and conditions agreed to by the Wholesalers
and the impacted Manufacturer, Shipper, or Importer.
(c) Where a product is recalled pursuant to
this provision, the product shall be exchanged for an equal quantity of the
same product.
1. Where the same product is
unavailable because the recall encompasses the total removal of a product from
distribution or otherwise, the product shall be exchanged for an equal quantity
of a product that is the same type of Alcoholic Beverages, or where such a
product is unavailable, the issuance of a credit to the Retailer equal to the
original purchase price paid by the Retailer.
(d) There shall be no refund or credit of any
excise tax paid on any products subject to recall for any reason.
(e) Records regarding recalls of products
shall be maintained in a manner consistent with O.C.G.A. §
3-3-6.
Notes
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