Guide to Business Records Retention Requirements

O.C.G.A. Title 26 -- FOOD, DRUGS, AND COSMETICS

DRUG ABUSE TREATMENT PROGRAMS
DRUGS, PRACTITIONER DISPENSING OF
MEAT INSPECTION
MEAT, POULTRY, AND DAIRY PROCESSING PLANTS
MILK AND MILK PRODUCTS

PHARMACISTS AND PHARMACIES
COMPUTER REGULATIONS
GENERALLY
HOME HEALTH CARE PHARMACIES
HOSPITAL PHARMACIES
NUCLEAR PHARMACIES AND PHARMACISTS
NURSING HOMES AND LONG-TERM CARE FACILITIES
PRISON CLINIC PHARMACIES

SALVAGEABLE FOODS AND SINGLE SERVICE UTENSIL ITEMS
WATER, COMMERCIALLY BOTTLED, AND WATER VENDING MACHINES

Drug Abuse Treatment Programs

Citation: Rule 290-4-2-.09(2) Standards for Program Management--Program Description.
Regulating Agency: Department of Human Resources.
Requirement: To prepare a program description annually, conforming to extensive requirements specified in the rule.
Persons Affected: Persons or institutions offering drug abuse treatment programs.
Retention Period: Annual.

Citation: Rule 290-4-12-.09(3)(b) Standards for Program Management--Inservice Training--Standards.
Regulating Agency: Department of Human Resources.
Requirement: To coordinate and keep records of all training activities of staff members.
Persons Affected: Persons or institutions offering drug abuse treatment programs.
Retention Period: Not stated.

Drugs, Practitioner Dispensing of

Citation: Rule 480-28-.04 Record-keeping and Filing.
Regulating Agency: State Board of Pharmacy.
Requirement: With respect to drugs in general, to keep on file prescriptions written for each drug dispensed, containing (1) the full name and address of the person for whom the drug is prescribed; (2) the name, quantity, and strength of such drug; (3) the directions for taking; (4) the signature of the practitioner and the date the prescription was written; and (5), for controlled substance drugs, the name, address, and Drug Enforcement Administration number of the dispensing practitioner. With respect to controlled substances in particular, to keep: (1) an invoice record of all controlled substance drugs received and disposed of by a dispensing practitioner, keeping invoices of Schedule III, IV, or V controlled substances in a separate file; (2) an inventory of all controlled substances taken biennially on May 1st of every odd-numbered year, or two years from the day of last inventory; (3) to maintain prescription files for a controlled substance in one of three ways: (a) as three separate files--one for all Schedule II controlled substances dispensed; one for all Schedule III, IV, and V controlled substances dispensed; and one for all non-controlled substance drugs dispensed; (b) as two files--one for all Schedule II controlled substances dispensed, with prescriptions for Schedule III, IV, and V controlled substances stamped with the letter "C" in red ink, and one for all other drugs dispensed; or (c) as two files--one for all controlled substance drugs dispensed, with prescriptions for Schedule III, IV, and V controlled substances stamped with the letter "C" in red ink, and one for all non-controlled substance drugs dispensed.
Persons Affected: Practitioners who dispense drugs.
Retention Period: A period of two years from the date the prescription is filed.
Related Code Sections: O.C.G.A. Sections 26-4-4(c), 26-4-4(f), 26-4-37(6), and 26-4-37(8).

Meat Inspection

Citation: O.C.G.A. Section 26-2-132 Maintenance and inspection of records. [Meat processors and related industries.]
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep such records as will fully and correctly disclose all transactions involving their businesses.
Persons Affected: (1) any persons, firms, or corporations that engage for commerce in the business of slaughtering any cattle, sheep, swine, ratites,rabbits, goats, horses, mules, or other equines or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals for use as human food or animal food; (2) any persons, firms, or corporations that engage in the business of buying or selling (as meat brokers, wholesalers, or otherwise) or transporting in commerce or storing in or for such commerce any carcasses, or parts or products of carcasses, of any such animals; and (3) any persons, firms, or corporations that engage in business as renderers or engage in the business of buying, selling, or transporting any dead, dying, disabled, or diseased cattle, sheep, swine, ratites,rabbits, goats, horses, mules, or other equines, or parts of such carcasses.
Retention Period: Such period of time as the Commissioner may by regulations prescribe. See Rule 40-10-1-.20.

Citation: Rule 40-10-1-.22 Records, Registration and Reports.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep records which will fully and correctly disclose all transactions involved in the business; specifically required are records, such as bills of sale, invoices, bills of lading, and receiving and shipping papers, giving: (1) the name or description of the livestock or article; (2) the net weight of the livestock or article; (3) the number of shipping containers (if any); (4) the name and address of the buyer of livestock or articles sold by such person; and the name and address of the seller of livestock or articles purchased by such person; (5) the name and address of the consignee or receiver (if other than the buyer); (6) the method of shipment; (7) the date of shipment; and (8) the name and address of the carrier and all information relating to consumer complaints received by the person required to keep the records concerning articles prepared under federal or state inspection laws.
Persons Affected: (1) Any person that engages, for commerce, in the business of slaughtering any cattle, sheep, swine, goats, horses, mules, or other equines, or preparing, freezing, packaging, or labeling any carcasses, or parts or products of carcasses, of any such animals, for use as human food or animal food; (2) any person that engages in the business of buying or selling (as a meat broker, wholesaler or otherwise), or transporting in commerce, or storing in, or for commerce, or importing, any carcasses, or parts or products of carcasses, of any such animals; and (3) any person that engages in business, or for commerce, as a renderer, or engages in the business of buying, selling or transporting, in commerce, or importing, any dead, dying, disabled, or diseased cattle, sheep, swine, goats, horses, mules, or other equines, or parts of the carcasses of any such animals that died otherwise than by slaughter.
Retention Period: A period of 2 years after December 31 of the year in which the transaction to which the record relates has occurred and for such further period as the Commissioner of Agriculture may require for purposes of any investigation or litigation under the Department of Agriculture Registration, License, and Permit Act [O.C.G.A. Section 2-5-1 and the sections following.], by written notice to the person required to keep such records under the Rule.
Related Code Sections: O.C.G.A. Section 2-5-1 and the sections following.

Citation: Rule 40-10-1-.20 (17)(g) Entry into Official Establishments: Reinspection and Preparation of Products.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain records and reports which document the time, temperature, and humidity at which any cooked beef, roast beef, or cooked corned beef is cooked and cooled at the establishment.
Persons Affected: Any slaughtering, cutting, boning, meat canning, curing, smoking, salting, packing, rendering, or similar establishment at which inspection is maintained under the regulations in Chapter 40-10-1 of the Rules and Regulations of the State of Georgia.
Retention Period: 6 months or for such further period as the Commissioner of Agriculture, by \written notice to the person required to keep such records, may require for purposes of any investigation or litigation under the Georgia Meat Inspection Act (O.C.G.A. Section 26-2-60 and the sections following.).
Related Code Sections: O.C.G.A. Section 26-2-60.

Meat, Poultry, and Dairy Processing Plants

Citation: O.C.G.A. Section 26-2-211 Statistics on animals and poultry slaughtered; maintenance of records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain adequate records so as to ascertain the total number of animals or poultry slaughtered, processed, or disposed of and the amount of meat, poultry, or dairy products received or processed.
Persons Affected: Persons obtaining licenses from the Commissioner of Agriculture to operate meat, dairy, or poultry processing plants in Georgia.
Retention Period: Not specified.

Citation: Rule 40-13-10-.05 Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To record (1) the name and address of person or persons from whom poultry is received; (2) the number and type of such poultry; and (3) the license tag number of the vehicle used to transport such poultry.
Persons Affected: Poultry dealers, poultry brokers, and poultry market operators.
Retention Period: A period of two (2) years.
Related Code Sections: O.C.G.A. Section 4-4-82 and the sections following.

Milk and Milk Products

Citation: O.C.G.A. Section 26-2-246 Maintenance, examination, etc., of records by persons operating under article.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep complete and accurate records of operations.
Persons Affected: All persons operating under the Milk and Milk Products" Article of the Code (O.C.G.A. Title 26, Chapter 2, Article 7).
Retention Period: Not specified, but see Rule 40-2-14-.01.

Citation: Rule 40-2-14-.01 Records and Reports to be Kept by Plants.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep on file: (1) all pasteurizer and CIP (clean-in-place) charts in compliance with all requirements of the 1978 Pasteurized Milk Ordinance and supplements; and (2) all employee medical certificates of current employees.
Persons Affected: Dairy plants.
Retention Period: For item (1), a minimum of 90 days; for item (2), not specified.
Related Code Sections: O.C.G.A. Section 26-2-230 and the sections following.

Citation: Rule 369-1-.14 Records.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep adequate records to reflect the true amount of milk produced, sold, or purchased.
Persons Affected: All producers of milk in the State of Georgia who produce milk for sale within and without the State.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section 2-8-1 and the sections following.

Pharmacists and Pharmacies

Computer Regulations

Citation: Rule 480-27-.03 Records of Dispensing.
Regulating Agency: State Board of Pharmacy.
Requirement: To make and keep records of dispensing for original and refill prescriptions, which records must include (but not be limited to): (1) quantities dispensed, if different; (2) date of dispensing; (3) serial number (or equivalent if an institution); (4) the identification of the pharmacist responsible for dispensing; (5) documentation of satisfaction of state requirements for drug product selection; and (6) records of refills to date, including date and identification of pharmacist.
Retention Period: Two years.
Related Code Sections: O.C.G.A. Section 26-4-37.

Generally

Citation: O.C.G.A. Section 26-4-161 Recordation of poisons listed in paragraph (1) of Code Section 16-4-160.
Regulating Agency: State Board of Pharmacy.
Requirement: To make entries concerning sales or deliveries of poisons identified in paragraph (1) of Code Section 26-4-160 in a book, stating (2) the date of delivery; (2) the name and address of the person receiving the poison; (3) the name and quantity of the poison; (4) the purpose for which it is represented by person to be required; and (5) the name of the dispenser.
Persons Affected: Licensed or registered druggists and pharmacists.
Retention Period: At least five years.

Home Health Care Pharmacies

Citation: Rule 480-21-.04 Physical Requirements.
Regulating Agency: State Board of Pharmacy.
Requirement: To have, in addition to references required in a retail pharmacy, a current edition of an established reference on IV stability and incompatibility such as Handbook on Injectable Drugs or King's Guide to Parenteral Admixtures.
Persons Affected: Home health care pharmacies.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section 26-4-37.

Citation: Rule 480-21-.05 Drug Distribution and Control.
Regulating Agency: State Board of Pharmacy.
Requirement: (1) to maintain, under the control of the pharmacist-in-charge, a pharmacy generated profile for each patient, each of which must contain, at a minimum: (a) patient's full name; (b) age; (c) weight; (d) sex; (e) compounded, sterile parenteral products dispensed; (f) date dispensed; (g) drug content and quantity; (h) patient directions: (i) prescription number; (j) identification of dispensing pharmacist; (k) other drugs patient is receiving; (l) drug sensitivities and allergies to drugs and foods; and (m) primary diagnosis; and (2) to maintain access to such records as are required to ensure patient's health, safety, and welfare.
Persons Affected: Home health care pharmacies and their pharmacists-in-charge.
Retention Period: A period of two years after the last dispensing activity.
Related Code Sections: O.C.G.A. Section 26-4-37.

Hospital Pharmacies

Citation: Rule 480-13-.05 Physical Requirements. Amended.
Regulating Agency: State Board of Pharmacy.
Requirement: To maintain a reference library containing (at a minimum) a copy of and/or electronic or computer access to the latest edition of : (1) Georgia Pharmacy Practice Act; (2) Georgia Controlled Substances Act; (3) Rules and Regulations of the Georgia State Board of Pharmacy; (4) current reference materials appropriate to the practice of the hospital pharmacy; (5) the latest edition of the American Society of Health-System Pharmacists Formulatory Service; (6) compatibility charts; (7) current drug interaction references; (8) current antidote information; (9) current edition of text and reference works covering theoretical and practical pharmacy; (10) reference materials on general, organic, pharmaceutical, and biological chemistry; and (11) reference materials on toxicology, pharmacology, bacteriology, sterilization, and disinfection.
Persons Affected: Hospital pharmacies.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section 16-13-20 and the sections following.

Citation: Rule 480-13-.06 Drug Distribution and Control.
Regulating Agency: State Board of Pharmacy.
Requirement: (1) to maintain, under the control of the Director of Pharmacy, a pharmacy-generated patient profile for each patient, containing, at a minimum: (a) given and last name; (b) age; (c) sex; (d) room number and provisional diagnosis; (e) drug product dispensed, date dispensed, strength, dosage form, quantity and directions, and identification of dispensing pharmacist; (f) identification or differentiation of controlled substances; (g) intravenous therapy; (h) selected medical data; (i) drug history interview (when possible); and (j) sensitivities and allergies to drugs and food; (2) to make records of all transactions of the hospital pharmacy as may be required by law and as may be necessary to maintain accurate control over and accountability for all pharmaceutical drugs, devices, and materials;and (3) to maintain access to such records as are required to insure patient health, safety, and welfare.
Persons Affected: Hospital pharmacies and their directors.
Retention Period: For item (1) above, a period of two (2) years; for items (2) and (3), not specified.
Related Code Sections: O.C.G.A. Section 16-13-20 and the sections following.

Nuclear Pharmacies and Pharmacists

Citation: Rule 480-25-.11 Records.
Regulating Agency: State Board of Pharmacy.
Requirement: To maintain acquisition and disposition records as required by the Georgia State Board of Pharmacy of all pharmacies in the State of Georgia.
Persons Affected: Nuclear pharmacies.
Retention Period: Not specified, but see statutes and rules dealing with pharmacies in general.
Related Code Sections: O.C.G.A. Sections 26-4-130 and 26-4-138.

Nursing Homes and Long-Term Care Facilities

Citation: Rule 480-24-.04 Drug Distribution.
Regulating Agency: State Board of Pharmacy.
Requirement: (1) To keep in the nursing home and the vendor pharmacy a record of the drugs placed in emergency kits placed in the nursing home; and (2) to keep records of proof of use of Schedule II, III, and IV controlled substances and such other drugs as may be specified by the appropriate committee of the facility on proof of use forms which must specify (at a minimum): (a) name of drug; (b) dose; (c) name of ordering physician; (d) name of patient; (e) date and time of administration to patient; and (f) signature of individual administering and title.
Persons Affected: Nursing homes and pharmacies vending drugs to nursing homes.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Sections 26-4-37 and 26-4-53.

Citation: Rule 480-10-.15 Requirements of a Prescription.
Regulating Agency: State Board of Pharmacy.
Requirement: To include in all prescriptions (at a minimum): (1) a serial number so that prescriptions may be filed in numerical sequence; (2) date of issuance; (3) name and address of patient; (4) name, address, and signature of prescriber; (5) DEA number of prescriber, in the case of controlled substances; (6) name, quantity, and strength of each drug prescribed; (7) refills authorized; and (8) the directions for use by the patient.
Persons Affected: Pharmacies and pharmacists.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section 26-4-37.

Prison Clinic Pharmacies

Citation: Rule 480-8-.06 Drug Distribution and Control.
Regulating Agency: State Board of Pharmacy.
Requirement: (1) to maintain, under the control of the Director of Pharmacy of the prison clinic pharmacy, a pharmacy-generated patient profile for each patient, containing (at a minimum): (a) given and last name; (b) DOC I.D. number; (c) date of birth; (d) sex; (e) dorm or permanent housing assignment; (f) drug product dispensed, date dispensed, strength, dosage form, quantity and directions, and identification of dispensing pharmacist; (g) identification or differentiation of controlled substances; (h) selected medical data; (i) drug history interview (when possible); and (j) sensitivities and allergies to drugs and foods; (2) to make records of all transactions of the prison clinic pharmacy as may be required by law and as may be necessary to maintain accurate control over and accountability for all pharmaceutical materials; (3) to maintain such records as are required to insure patient health, safety, and welfare, including (at a minimum): (a) patient profile; (b) proof of use; (c) reports of suspected adverse drug reactions: (d) inventories of night cabinets and emergency kits/crash carts; (e) inventories of the pharmacy; (f) biennial controlled substances inventories; (g) alcohol and flammables reports; and (h) such other records and reports as may be required by law and the rules and regulations of the Board of Pharmacy; and (4) to make and maintain a survey of usage trends of each standard ward inventory.
Persons Affected: Directors of prison clinic pharmacies.
Retention Period: A period of two (2) years.
Related Code Sections: O.C.G.A. Section 26-4-37.

Salvageable Foods and Single Service Utensil Items

Citation: Rule 40-7-2-.01 Salvageable Foods and Single Service Utensil Items.
Regulating Agency: Commissioner of Agriculture.
Requirement: To keep orderly records on hand, including the following (including allied receipts): (1) sales receipts of foods bought, stating the name of the seller and his address; (2) the name of the buyer; (3) the salvage firm's Food Sales Establishment License Number; (4) the quantities of each item bought, stating number of cases and size of containers therein; (5) the product name; (6) the estimated value of the destroyed food; (7) the place where destroyed; and (8) the date of such destruction and by whom witnessed. NOTE: Sales of one mixed lot of foods by a Salvage Food Distributor may be entered on the sales record as a miscellaneous or conglomerate sale.
Persons Affected: License holders of a Salvage Operation. [NOTE: "Salvage Food Operations" means any operation, including (without limitation) reconditioning, labeling, relabeling, repackaging, recoopering, sorting, cleaning, culling, and trimming, by which it is sought to prepare salvage food for ultimate human consumption or to bring the same into compliance with the Georgia Food Act.]
Retention Period: A period of six months.
Related Code Sections: O.C.G.A. Section 26-2-20 and the sections following.

Water, Commercially Bottled, and Water Vending Machines

Citation: Rule 40-7-6-.03 Sampling.
Regulating Agency: Commissioner of Agriculture.
Requirement: To maintain on file at the bottled water plant records of the sampling and analyses required by Rule 40-7-11-.03.
Persons Affected: Any entity or person who owns or operates a place or establishment in which bottled water is prepared for sale.
Retention Period: Not less than four years.
Related Code Sections: O.C.G.A. Section 26-2-1 and the sections following.

Citation: Rule 40-7-6-.14 Water Vending Machines.
Regulating Agency: Commissioner of Agriculture.
Requirement: (1) To keep a schedule of a water vending machine's maintenance program for routine servicing present in the machine, (including written servicing instructions for the operator, technical manuals of the machine and the water treatment appurtenances involved, and regularly scheduled service visits) or to keep a conspicuous service log indicating when scheduled maintenance was conducted, clearly referring to the required maintenance schedule; and (2) to keep a full maintenance schedule at the company's place of business.
Persons Affected: Persons controlling water vending machines placed in facilities under the inspectional jurisdiction of the Department of Agriculture, as granted in O.C.G.A. Section 26-2-1 and the sections following.
Retention Period: Not specified.
Related Code Sections: O.C.G.A. Section 26-2-1 and the sections following.