Title 11, Chapter 2, Section 314
Implied warranty: merchantability; usage of trade.
(1) Unless excluded or modified (Code Section 11-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this Code section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.
(2) Goods to be merchantable must be at least such as:
(a) Pass without objection in the trade under the contract
(b) In the case of fungible goods, are of fair average quality
within the description; and
(c) Are fit for the ordinary purposes for which such goods are
(d) Run, within the variations permitted by the agreement, of even
kind, quality, and quantity within each unit and among all units
(e) Are adequately contained, packaged, and labeled as the
agreement may require; and
(f) Conform to the promises or affirmations of fact made on the
container or label if any.
(3) Unless excluded or modified (Code Section 11-2-316) other implied warranties may arise from course of dealing or usage of trade.