Subject 40-7-8 ADDITIONAL REGULATIONS APPLICABLE TO VIDALIA ONIONS
The following regulations shall apply to all persons involved
in the production, packaging, processing, holding, storing, distribution and
sales of Vidalia onions.
| (1) |
The following
words or terms shall have the meaning set forth herein when used in these rules
and regulations:
| (a) |
"Handle" or "Ship" means to package, load,
sell, transport, or in any other way to place Vidalia onions, or cause Vidalia
onions to be placed, in the current of commerce within the production area or
between the production area and any point outside thereof. Such term shall not
include the transportation, sale, or delivery of field-run Vidalia onions to a
person within the production area for the purpose of having such Vidalia onions
prepared for market. Nothing contained in this definition shall authorize the
repacking of Vidalia onions except as specifically authorized under Paragraph
40-7-8-.08(1)(f) 2. of these rules. |
| (b) |
"Handler" is synonymous
with "Shipper" and means any person within the Vidalia onion
production area (except a common contract carrier of Vidalia onions
owned by another person) who handles Vidalia onions, or causes Vidalia
onions to be handled. |
| (c) |
"Person" means any association, individual, partnership,
corporation or any other legal entity. |
| (d) |
"Producer" is synonymous
with "grower" and means any person engaged in a proprietary
capacity in the production of Vidalia onions for market. |
| (e) |
"Producer-Handler" means
a producer who handles Vidalia onions. |
| (f) |
"Vidalia Onion Advisory
Panel" means the advisory panel established pursuant to Code Section
2-14-138. |
| (g) |
"Vidalia Onion Variety"
means varieties of Allium Cepa of the hybrid granex, granex
parentage or other similar varieties. The Commissioner may limit the usage of
certain varieties or authorize the inclusion of new varieties based upon
recommendation of the Director of the Experiment Stations of the College of
Agricultural and Environmental Sciences of the University of Georgia. |
| (h) |
"Vidalia Onion" means
any onion of the type defined in paragraph (g) of this section and produced in
the "Vidalia Onion Production Area" as defined in paragraph (i) of this
section. |
| (i) |
"Vidalia Onion
Production Area" means a specific production area which encompasses only that
part of the state particularly described as follows:
Beginning at a point in Laurens County where U. S. Highway
441 intersects Highway 16; thence continue southerly along U. S. Highway 441 to
a point where it intersects the southern boundary of Laurens County; thence
southwesterly along the border of Laurens County to a point where it intersects
the county road known as Jay Bird Springs Road; thence southeasterly along Jay
Bird Springs Road to a point where U. S. Highway 23 intersects the western
border of Telfair County; thence southwesterly following the western and
southern county border of Telfair County to a point where it intersects with
Jeff Davis County; thence following the southern border of Jeff Davis County to
a point where it intersects the western border of Bacon County; thence
southerly and easterly along the border of Bacon county to a point where it
intersects Georgia State Road 32; thence easterly along Georgia State Road 32
to Seaboard Coastline Railroad; thence northeasterly along the tracks of
Seaboard Coastline Railroad to a point where they intersect Long County and
Liberty County; thence northwesterly and northerly along the southwestern
border of Liberty county to a point where the border of Liberty County
intersects the southern border of Evans County; thence northeasterly along the
eastern border of Evans County to the intersection of the Bulloch County
border; thence northeasterly along the Bulloch County border to a point where
it intersects with the Ogeechee River; thence northerly along the main channel
of the Ogeechee River to a point where it intersects with the southeastern
border of Screven County; thence northeasterly along the southeasterly border
of Screven County to the main channel of the Savannah River; thence northerly
along the main channel of the Savannah River to a point where the northwestern
boundary of Hampton County, South Carolina intersects the Savannah River;
thence due west to a point where State Road 24 intersects Brannen Bridge Road;
thence westerly along Brannen Bridge Road to a point where it intersects with
State Road 21; thence westerly along State Road 21 to the intersection of State
Road 17; thence westerly along State Road 17 to the intersection of State Road
56 and southerly to the northern border of Emanuel County; thence westerly and
southerly along the boundary of Emanuel County to a point where it intersects
the Treutlen County border; thence southerly to a point where the Treutlen
County border intersects Interstate Highway 16; thence westerly to the point of
beginning in Laurens County.
|
| (j) |
"Registration" means a
process whereby persons desiring to produce and/or pack onions for marketing as
Vidalia onions are registered by the Department as Vidalia Onion Producers
and/or Packers. Nothing contained in this definition shall authorize the
repacking of Vidalia onions except as specifically authorized under Paragraph
40-7-8-.08(1)(f) 2. of these rules. |
| (k) |
"Department" means the
Department of Agriculture of the State of Georgia. |
| (l) |
"Commissioner" means the
Commissioner of Agriculture of the State of Georgia. |
| (m) |
"Label" means a display
of written, printed or graphic matter upon the immediate container of Vidalia
onions. |
| (n) |
"Labeling" means all labels and other written, printed or
graphic matter, including advertising, upon an article or any of its containers
or wrappers, or accompanying such article. |
| (o) |
"Georgia Federal-State Shipping
Point Inspection Service" or "Inspection Service" is
the Corporation authorized by the Department to conduct inspection,
certification, and identification of the class, quantity, quality and condition
of agricultural products in Georgia. |
| (p) |
"Pack" means the initial
placement of Vidalia onions into properly labeled containers by grower/packers
or packers within the Vidalia onion production area only who have been properly
certified and registered by the Department. |
| (q) |
"Repack/Repacking" means
the removing of Vidalia onions by any individual from initially-packed
containers, as described in (p) above of this subparagraph, and subsequently
placing those same onions into any other like or unlike containers bearing the
registered U.S. Certification Mark "VIDALIA®". |
| (r) |
"Packing Date" means the
first day on which Vidalia Onions® may be packed and shipped into
commerce. |
| (s) |
"Green
onion" means any onion which has been harvested young before the bulb
has developed or enlarged, and which still has the green tubular top
intact. |
| (t) |
"Other Yellow
Onion" means any yellow onion that is not of the type defined in
paragraph (g) of this section and/or is grown outside of the Vidalia Onion
Production Area as defined in paragraph (i) of this section. |
| (u) |
"Transition Period"
means a defined period of time during which other yellow onions and Vidalia
Onions are permitted to be in the same facility. |
| (v) |
"Packing Facility" means
a building, shed, or other structure in, under or around which onions intended
for the fresh market will or may be graded, packed, stored, loaded, or
unloaded. Separate businesses operating and/or activities taking place under a
common roof or within a common structure shall be considered to function as a
single packing facility for purposes of these rules regardless of whether said
businesses or activities are entirely divided by walls or other structures
designed to prevent the movement of people and/or products between areas
contained under the common roof or within the common structure. |
|
| (1) |
Each person who
desires to produce and/or package onions as Vidalia onions must register with
the Commissioner on or before March 1 of each year. Failure to register by
March 1 may result in a monetary penalty of up to $1,000.00. No applications
for registration will be accepted after the 15th day
of April. Registration applications are to be filled out completely and
accurately. If acreage planted should change, or any other information such as
name, address, label information or packer from that indicated on the report
filed by March 1, then a supplemental report shall be submitted no later than
April 15. Additionally, each person who desires to produce green onions and
utilize the name Vidalia in connection with the sale, advertising,
distribution, or marketing of such onions, must register on or before October 1
of each year. |
| (2) |
Registration
applications shall be completed and submitted online through the Department's
Licensing Division at http://agr.georgia.gov. |
| (3) |
The Commissioner may deny or revoke
registration of any person for failure to register by deadline, violating any
of these regulations, or for any intentional misrepresentation of a material
fact in the registration application. |
| (4) |
Registration is not
transferable. |
| (5) |
No person shall
pack Vidalia onions unless said person and the grower of such onions are both
properly registered. |
| (6) |
Any person
who will have or may have other yellow onions and Vidalia Onions in the same
facility during a Transition Period shall acknowledge the same in the
application for Registration. |
| (a) |
Upon recommendation of the Director of
the Experiment Stations of the College of Agricultural and Environmental
Sciences of the University of Georgia, the Commissioner will authorize onion
varieties to be included as a "Vidalia onion variety" as
defined in Rule 40-7-8-.02(g) and to be planted and marketed as Vidalia onions or Vidalia green
onions. The authorized onion varieties will be listed and published online at
http://agr.georgia.gov, as well as
on the Vidalia grower/packer application, and will be updated as
necessary. |
| (b) |
Any and all onion
varieties not included on the published list referenced in paragraph (a) above
are specifically limited and excluded from being planted and marketed as
Vidalia onions or Vidalia green onions. |
| (c) |
No onion variety shall be listed as an
authorized variety until it shall have completed three years of testing by the
College of Agricultural and Environmental Sciences of the University of Georgia
to evaluate shape, color, pungency, sugars, and other factors characteristic of
Vidalia onions and is recommended for inclusion as a Vidalia onion by the
Director of the Experiment Stations of said College. |
| (d) |
In addition to the criteria established
by the Director of the Experiment Stations of the College of Agricultural and
Environmental Sciences of the University of Georgia for making his/her
recommendation, the following guidelines will be considered by, but not limit,
the Commissioner in reviewing the recommendations of the Director for the
authorization of additional varieties or limitation of existing varieties:
| (1) |
Any proposed new variety must be
registered by the seed producer with the Department prior to commencement of
any official test trials by a seed producer, onion grower, or the Director;
such registration shall include, without limitation, the proposed name and test
identification number, results of seed producer tests, and other relevant data;
in the case of varieties being tested at or before the effective date of this
rule, such registration shall be within sixty (60) days of the effective date
of this rule. |
| (2) |
The seed producer
shall furnish the Director with a representative quantity, as determined by the
Director, of the new variety and of any existing approved variety for testing
by an annual deadline set by the Director. |
| (3) |
The test period shall be three
(3) consecutive years in University test trials. Test plots on
individual farms (either by the seed producer, an onion grower or the
Director) shall be limited to 0.07 acres (approximately 3,000
square feet) for each variety, which shall be clearly identified and
segregated from plantings of approved Vidalia varieties and reported in writing
by January 15th of the harvest year to the
Department with appropriate lay-out maps showing the location thereof. At the
completion of each test trial from an individual farm, the test plots must be
completely destroyed and under no circumstances may any onions from said plots
be introduced into the marketplace or sold as Vidalia onions or Vidalia green
onions. |
| (4) |
Prior to planting test
plots, seed producers shall furnish, in writing, to the Department the names
and locations of all growers where test trials are to be conducted. |
|
All persons and entities selling onion seed to anyone in the
Vidalia Onion Production Area shall provide a complete list of those customers
to the Department no later than January 1 of each year. Required information
shall include, but not be limited to, name and complete address of customer,
date seed sold, variety sold and amount sold. Any such information deemed
confidential shall be subject to the requirements of Paragraph
40-7-8-.18 of these
rules.
| (1) |
Any person, entity, or business
organization desiring to (a) grow; (b) pack; (c) process; (d) market; (e) sell
onions as Vidalia® onions or Vidalia® green onions; and/or (f) use the
"Vidalia®" Mark on products containing Vidalia® onions
or Vidalia® green onions, must enter into an agreement with the Georgia
Department of Agriculture for the use of the registered U. S. Certification
Mark "Vidalia®". |
| (2) |
The Commissioner shall establish the
terms and conditions of the agreement annually. |
| (3) |
The royalty/license fees shall be paid to
and collected by the Georgia Department of Agriculture for all processed
Vidalia® onions and for all products that use and incorporate Vidalia®
onions in any form and shall be $0.005 for six ounces, or portion or product
thereof. The royalty/license fee may be adjusted by the Commissioner upon
renewal of the agreement but in no circumstance be greater that $0.005 for six
ounces, or portion or product thereof. The only exceptions is in the case of
frozen products or meat products that use and incorporate Vidalia® onions
in any form shall be $0.001 for six ounces, or portion thereof. |
| (4) |
To calculate the royalty/license fees,
the processors report to the Department the total amount of product in pounds,
the poundage is then converted into weighted ounces, divide by six, and
calculate the fee based on $0.005 for every six ounces.
| (a) |
Example 1: A processor produces 100
pounds of Vidalia® onion product. The processor sells the product in 200
eight ounce bottles.
100 lbs x 16 (ounces) =1600 ounces.
1600 ounces ÷ 8 = 200 products (containing 8
ounces)
First six ounces (of the 8 ounce product) =
$0.005 is assessed
$0.005 x 200 products = $1.00 for first six ounces
Remaining two ounces (of the 8 ounce product) = $0.005
$0.005 x 200 products (remaining portion) = $1.00
Thus $2.00 in royalty/license fees are due and owing by the
processor and to be collected by the Georgia Department of Agriculture.
|
| (b) |
Example 2: A processor
produces 500 pounds of Vidalia® onion product. The processor sells the
product in 200 twenty-five ounce containers.
500 lbs x 16 (ounces) = 8000 ounces
8000 ounces ÷ 25 = 320 products (containing 25
ounces)
First six ounces (of the 25 ounce product) =
$0.005 is assessed
$0.005 x 320 products = $1.60 for first six ounces
Second six ounces (of the 25 ounce product) =$0.005 is
assessed
$0.005 x 320 products = $1.60 for second six ounces
Third six ounces (of the 25 ounce product) =
$0.005 is assessed
$0.005 x 320 products = $1.60 for third six ounces
Fourth six ounces (of the 25 ounce product) =
$0.005 is assessed
$0.005 x 320 products = $1.60 for fourth six ounces
Remaining one ounce (of the 25 ounce product) = $0.005
$0.005 x 320 products (remaining portion) = $1.60
Thus $8.00 in royalty/license fees are due and owing by the
processor and to be collected by the Georgia Department of Agriculture.
|
| (c) |
Example 3: A processor
produces 500 pounds of Vidalia® onion product in frozen form (e.g., frozen
onion rings) or in a meat product. The processor sells the product in 500
sixteen ounce packages.
500 lbs x 16 (ounces) = 8000 ounces
8000 ounces ÷ 16 = 500 packages (containing 16 ounces)
First six ounces (of the 16 ounce package) = $0.001 is
assessed
$0.001 x 500 products = $0.50 for first six ounces
Second six ounces (of the 16 ounce product) = $0.001 is
assessed
$0.001 x 500 products = $0.50 for the second six
ounces
Remaining four ounces (of 16 ounce product) = $0.001 is
assessed
$0.001 x 500 products (remaining portion) = $0.50 for
remaining four ounces
Thus $1.50 in royalty/license fees are due and owing by the
processor and to be collected by the Georgia Department of Agriculture.
|
|
| (5) |
The agreement with
the Georgia Department of Agriculture must be renewed annually. The term of the
agreement shall be from the date of execution through the last day of February
of the next year in all cases except those for processed onions or products
containing Vidalia® onions, and through the last day of the next June in
the case of processed onions or products containing Vidalia®
onions. |
| (1) |
The term
"Vidalia" may not be used in the advertising or labeling of
onions or green onions sold or delivered, held, stored, or offered for sale,
unless such onions are of the variety defined in paragraph (g) of Section
40-7-8-.02 of these
rules, were grown in the Vidalia onion production area, and meet the other
requirements of these Rules. |
| (2) |
All packaged Vidalia onions must be labeled to show:
| (a) |
Common or usual name of the food
(onion); |
| (b) |
An
accurate statement of the quantity of the contents in terms of weight
(example: 3-pound, 5-pound, 10-pound, 25-pound,
50-pound); |
| (c) |
The
statement "Product of Georgia" or the official logo of
"Georgia Grown", the use of which requires a membership with
the Georgia Grown Commodity Commission, may be displayed; |
| (d) |
The name and complete address of the
place of business of the producer and/or packer. |
|
| (3) |
All green Vidalia onions must be labeled
to show:
| (a) |
The name and complete address of
the place of business of the producer and/or packer. |
|
The standards and grades as adopted by the U. S. Department
of Agriculture, U. S. Standards for Grades of Bermuda-Granex-Grano type onions,
effective January 1, 1960, amended October 10, 1995 (7 CFR 51.395-
51.3209), and U.
S. Standards for Grades of Common Green Onions, effective June 20, 1947,
reprinted January, 1997, and future supplements and amendments thereto, are
adopted as the Standards and Grades for Vidalia onions and Vidalia green
onions, except as otherwise provided in these rules.
| (1) |
All Vidalia onions must be graded and
packed in the Vidalia onion production area. No bulk shipments of Vidalia
onions to destinations outside the Vidalia onion production area for packing or
storage will be allowed, except as otherwise provided in these rules. Nothing
contained in this definition shall authorize the repacking of Vidalia onions
except as specifically authorized under Paragraph
40-7-8-.08(1)(f)2 of these rules.
| (a) |
Grade Requirements - No Vidalia onion may
be offered for sale other than those that meet the grade standards for a U.S.
No. 1, provided that the Commissioner may establish tolerances or percentages
of that Grade each marketing season upon the recommendation of the Vidalia
Onion Advisory Panel. |
| (b) |
Size
Requirements - Provided that unless otherwise specified, size shall be
specified in connection with the grade in terms of one of the size
classifications listed below:
| 1. |
"Small" shall be from 1 to 2 ¼ inches in
diameter. |
| 2. |
"Medium" shall be from 2 to 3 ¼ inches in
diameter. |
| 3. |
"Large
Medium" shall be 2 ½ inches or larger in diameter. |
| 4. |
"Large" or
"Jumbo" shall be 3 inches or larger in diameter. |
| 5. |
"Colossal" shall be 3
¾ inches or larger in diameter. |
|
| (c) |
Tolerances for size: In order to allow
for variations incident to proper sizing, not more than 5 percent by weight of
the onions in any lot may be smaller than the minimum diameter specified. In
addition, not more than 10 percent by weight, of the onions in any lot may be
larger than the maximum diameter specified. |
| (d) |
Special Purpose Shipments:
| 1. |
The minimum grade, size and quality
requirements set forth in previous paragraphs of this section shall not be
applicable to shipments of onions for charity, relief, and processing handled
in accordance with paragraph (e) of this section. |
| 2. |
Gift Packages - The handling by any person
of gift packages of onions shall conform to all handling, grade, size, quality
and labeling requirements of this section. |
| 3. |
Experimental Shipments - Upon approval of
the Department, Vidalia onions may be shipped in bulk or other containers for
experimental purposes, provided they are handled in accordance with paragraph
(e) of this section. The shipper must furnish the Department with out-turn
reports of such shipments. |
| 4. |
Export Shipments - Export shipments must comply with the handling, grade, size,
quality, and labeling requirements set forth in this section. |
| 5. |
Onions not exempt under paragraph (d) of
this section, or not handled in accordance with paragraph (d) of this section,
shall be mechanically mutilated at the packing shed or physically destroyed by
other means approved by the Commissioner, rendering them unsuitable for fresh
market. |
|
| (e) |
Safeguards -
Each grower or handler making shipments of onions for relief, charity,
processing, or experimental purposes shall:
| 1. |
Apply to the Department for and obtain a
Certificate of Privilege to make such shipments. |
| 2. |
Furnish reports of each shipment made
under the applicable Certificate of Privilege. |
| 3. |
Such reports shall be furnished to the
Department in such manner, on such forms, and at such time, as it may
prescribe. Each grower or handler shall maintain records of such shipments and
the records shall be subject to review and audit by the Department. |
| 4. |
In addition to the provisions in the
preceding paragraphs any grower or handler making shipments for processing
shall:
| (i) |
Weigh or cause to be weighed each
shipment, prior to, or upon arrival, at the processor. |
| (ii) |
Attach a copy of the weight ticket to a
completed copy of the Report of Special Purpose Shipment and return both
promptly to the Department. |
| (iii) |
Make each shipment directly to the processor or the processor's subcontractor,
and attach a copy of the Report of Special Purpose Shipment. |
| (iv) |
Each processor or processor's
subcontractor who receives Vidalia onions for processing, shall weigh the
onions upon receipt, complete the Report of Special Purpose Shipment which
accompanies each load, and mail it immediately to the Department. |
| (v) |
Each processor or subcontractor for any
stage of processing who receives cull Vidalia onions, shall make available at
its business office at any reasonable time during business hours, copies of all
applicable purchase orders, sales contracts, or disposition documents for
examination by the Department, to enable it to determine the disposition of the
onions. |
|
| 5. |
Cull Vidalia
onions transported in bags shall be transported in 50-pound unlabeled
bags. |
|
| (f) |
Repacking
| 1. |
Commercial repacking of Vidalia onions is
prohibited. |
| 2. |
Retail repackers may
repack Vidalia onions for in-house sales directly to consumers provided the
onions have previously met the requirements of these regulations. |
|
| (g) |
Facility Packing Requirements
| 1. |
Vidalia onions and other yellow onions may
be in the same packing facility only during a Transition Period. Each Vidalia
onion season shall have two Transition Periods, which shall be known as
"Transition 1" and "Transition 2" respectively. |
| 2. |
Transition 1 shall be a three (3) week
period beginning twenty-one (21) days prior to the announced packing date. The
following provisions apply to Transition 1:
| (i) |
A designated Department representative
shall be notified via e-mail and telephone at least forty-eight (48) hours
prior to the arrival of Vidalia onions at a packing facility where other yellow
onions are being packed, stored, held, loaded and/or unloaded. |
| (ii) |
A Department representative must be
present for the arrival of Vidalia onions and must seal all areas containing
Vidalia onions, to the extent possible. If it is not possible to seal an area
containing Vidalia onions, a Department representative shall determine and
direct the manner in which the Vidalia onions shall be and remain physically
separated from other yellow onions. |
| (iii) |
Vidalia onions and other yellow onions
shall be and remain physically separated at all times during the transition
period. The grower/packer shall fully cooperate with directives from Department
representatives to ensure and maintain separation. |
| (iv) |
Onion separation and room
sealing/unsealing shall be exclusively within the control of the Department.
Only a Department representative may make determinations as to onion separation
and only a Department representative may apply and/or remove a seal. |
| (v) |
Any producer/packer who desires to label
and market Vidalia onions as "sweet onions" or otherwise without the
Vidalia® mark during Transition 1 shall contact the designated Department
representative, via e-mail and telephone, and request that an area be unsealed.
| a. |
An area may only be unsealed by a
Department representative and Vidalia onions may be removed from the unsealed
area only under the representative's supervision. |
| b. |
The producer/packer may choose to remove
all or a portion of the Vidalia onions in the unsealed area. |
| c. |
If only a portion of the Vidalia onions in
the unsealed area are removed, the area must be immediately resealed by a
Department representative. |
| d. |
No
onion removed from an unsealed area during Transition 1 shall thereafter bear
the Vidalia® mark or otherwise be labeled or marketed as a Vidalia®.
|
|
| (vi) |
All Vidalia®
packing materials and labels shall be and remain isolated and secured, as
determined and verified by a Department representative, until the pack date or
until a Department representative has confirmed that all other yellow onions
have been removed from the packing facility. No Vidalia® packing materials
and/or labels shall be handled, moved, or removed from the packing facility
during Transition 1 unless and until all other yellow onions have been removed
from the packing facility and said removal has been verified by a Department
representative. Upon verification of removal, Vidalia® packing materials
may be staged for usage in preparation for the pack date. |
| (vii) |
Prior to the announced pack date, the
designated Department representative shall be notified via e-mail and telephone
that all other yellow onions have been removed from a packing facility. After
said notification, the Department will verify the removal of all other yellow
onion from the packing facility and unseal Vidalia onion holding areas.
|
|
| 3. |
From the packing date
until the start of Transition 2, no other yellow onions, regardless of the
grade or intended purpose of said other yellow onions, shall be packed, stored,
shipped, or otherwise held in a packing facility with Vidalia onions. |
| 4. |
Transition 2 shall be a four (4) week
period beginning on the date of arrival of other yellow onions at a packing
facility where Vidalia onions are being packed, stored, held, loaded and/or
unloaded; provided, however, that Transition 2 shall begin no sooner than July
24th and shall end no later than September
30th of any year. The commencement date of
Transition 2 shall be specific to the packing facility receiving other yellow
onions. The following provisions apply to Transition 2:
| (i) |
A designated Department representative
shall be notified via e-mail and telephone at least twenty-four (24) hours
prior to the arrival of other yellow onions at a packing facility where Vidalia
onions are being packed, stored, or otherwise held. |
| (ii) |
A Department representative must be
present for the arrival of the other yellow onions and must seal either all
rooms containing the other yellow onions or all rooms containing the Vidalia
onions. |
| (iii) |
All rooms containing
other yellow onions must be sealed while Vidalia onions are being packed or
otherwise prepared for shipment, and all rooms containing Vidalia onions must
be sealed while other yellow onions are being packed or otherwise prepared for
shipment. |
| (iv) |
Once all rooms
containing other yellow onions or all rooms containing Vidalia onions are
sealed, only a Department representative may unseal any room at any
time. |
| (v) |
Whenever a room
containing other yellow onions is unsealed, a Department representative must be
present to document that no Vidalia onions are still being packed or shipped.
Likewise, whenever a room containing Vidalia onions is opened, a Department
representative must be present to document that no other yellow onions are
still being packed or shipped. |
| (vi) |
After the last day of Transition 2, no Vidalia onion shall be packed or labeled
as a Vidalia®. Nothing in these rules shall prohibit the storage or holding
of Vidalia onions that were packed and labeled as Vidalia® on or before the
last day of Transition 2 after the last day of Transition 2. |
| (vii) |
All Vidalia® packing materials and
labels shall be and remain isolated and/or otherwise properly secured, as
determined and verified by a Department representative, after the last day of
Transition 2. |
| (viii) |
Nothing in
these rules shall prohibit the storage or holding of any Vidalia onion not
intended for the fresh market in any packing facility after the end of
Transition 2. |
|
|
|
All onions sold as Vidalia onions or Vidalia green onions
must be accompanied by an invoice, bill of lading, bill of sale or other
documentation issued by the seller, to show the producer of the onions by name
and address, or the person making the sale if other than the producer, name and
address of person or persons to whom sold and shipped, the quantity and grade,
if applicable. Copies of invoices, bills of lading, bills of sale or other
documentation, shall be required to be furnished to the Department upon
request, provided that nothing herein shall be construed to require the
maintaining of records of a retail sale to an ultimate consumer. Copies of
invoices, bills of lading, bills of sale or other documentation, shall be
maintained by the seller at the place of business of the firm for a minimum of
four years after the issuance date.
The Commissioner or his duly authorized agent shall have free
access at all reasonable hours to any production area, or any packaging,
processing, and storage facilities where onions are being held for introduction
into commerce, and any vehicle being used to transport or hold such onions for
the purpose of:
| (a) |
Inspecting such
area, facility or vehicle to determine if any of the provisions of these
regulations and the Georgia Food Act are being violated; |
| (b) |
Examining business records and invoices
to determine the origin of any onions; and |
| (c) |
Securing samples of onions, onion
packaging or containers, labels, tags, seals, stamps, or other identification
devices. |
All persons producing, packaging, processing, distributing or
selling onions as Vidalia onions or Vidalia green onions must retain for a
period of four years those records which indicate the origin of any onions
produced, packaged, processed, distributed or sold by them.
The following acts and the causing thereof within this State
are prohibited:
| (a) |
The selling or
offering for sale of any onions as Vidalia onions or Vidalia green onions
unless such onions are the type defined in paragraph (g) of Section 40-7-8-.02
of these rules, and were grown in the Vidalia onion production area as defined
in paragraph (i) of Section 40-7-8-.02 of these rules. |
| (b) |
The packaging or labeling of any onions
as Vidalia onions or Vidalia green onions for sale, or the use of the term
"Vidalia" in connection with the labeling or packaging of
onions for sale, unless such onions are of the type defined in paragraph (g) of
Section 40-7-8-.02 of these rules, meet all standards for grades of Vidalia
onions as required in Section 40-7-8-.06 and paragraph (a) of Section
40-7-8-.08(1) of these rules, were grown in the Vidalia onion production area
as defined in paragraph (i) of Section
4-7-8-.02
of these rules, and unless a current Certification Mark Agreement has been
entered into as provided by Section 40-7-8-.04 of these rules. |
| (c) |
The selling, holding, offering for sale,
packaging or labeling of onions as Vidalia onions or Vidalia green onions in
violation of the Georgia Food Act. |
| (d) |
The production and/or packaging of onions
as Vidalia onions or Vidalia green onions unless the producer and/or packer is
properly registered, as provided by Section 40-7-8-.03 of these
rules. |
| (e) |
The handling or shipping
of Vidalia onions in bulk outside the production area, or Vidalia onions which
have not been graded and packed, as provided by these rules, except for
charity, relief, processing or experimental shipments, as provided for in
paragraph (d) of Section 40-7-8-.08(1) of these rules. |
| (f) |
The repacking of Vidalia onions except as
specifically authorized under Paragraph
40-7-8-.08(1)(f)2.
of these rules. |
| (g) |
The violation
of any provision of Paragraph
40-7-8-.08(1)(g)1.
of these rules related to Facility Packing Requirements. |
| (h) |
The failure to provide information as
required in paragraph 40-7-8-.032 of these rules related to documentation of
sales by persons and entities to Vidalia onion growers. Any such information
deemed confidential shall be subject to the requirements of Paragraph
40-7-8-.18 of these rules. |
Upon the application of any person showing:
| (a) |
That he has produced and sold or marketed
onions as Vidalia onions in this State within three years prior to the
effective date of these regulations; and |
| (b) |
That continued production and sales or
marketing of such onions by the applicant would be authorized under these rules
but for the fact that the onions would be grown outside the Vidalia onion
production area, the Commissioner may grant a variance to such person
authorizing him to continue to produce, package, store and sell or market such
onions in the production area specified in the application. Any such action by
the Commissioner shall authorize a variance only as to the production area, and
the person receiving the variance shall be subject to all other requirements
contained in these rules. A variance may not be transferred. The Commissioner,
under the conditions he prescribes, may require the submission of such
information or documentation as he deems necessary in connection with the
issuance of such variances. All applications for variances shall be on forms
developed by the Commissioner. An application for a variance must be filed with
the Commissioner by December 31, 1987, in order to be eligible for
consideration. Variance Application Forms may be obtained from the Georgia
Department of Agriculture, Markets Division, Capitol Square, Atlanta, Georgia
30334. |
Any person involved in the production, packaging, holding,
storage, distribution and sales of Vidalia onions who desires to store by such
means Vidalia onions for the purpose of introduction into commerce following
September 15th of the year in which the onions were produced, must notify the
Department to provide inspection and certification of the storage facilities
and the onions to be stored prior to storage. The Department will place seals
on the facility. The Department must be notified if the seals are broken for
any reason. The storer must notify the Department to request inspection and
certification prior to removal from storage. The storer must maintain records
for each storage cycle for a period of two (2) years. The records must contain,
but not be limited to, the following:
| (b) |
Producer name and address if other than
storer; |
| (c) |
Location of storage
facility; |
| (d) |
Diagram of facility
relating to controlled atmosphere storage units; |
| (e) |
Date of inspection by Department prior to
storage; |
| (f) |
Date onions enter
storage; |
| (g) |
Volume of onions
stored by weight, bushel count or bin count; |
| (h) |
Date onions to be removed; |
| (i) |
Date of inspection by Department prior to
removal from storage; |
| (j) |
Volume of
onions removed from storage by weight or bushel count; |
| (k) |
Copies of invoices from sale of stored
onions; |
| (l) |
Seal numbers used to
seal storage facility. |
Container manufacturers will be required to maintain for a
period of four years, records indicating the quantity of Vidalia onion
containers produced and persons to whom sold or shipped. Each person who
produces or packages onions as Vidalia onions, must maintain records for a
period of four years indicating the number of Vidalia onion containers
purchased, and disposition or use of those containers. A manufacturer of
containers shall not sell containers imprinted with the name and address of a
producer or packer to anyone other than that producer or packer. A manufacturer
shall not sell stock containers (containers imprinted with the
term"Vidalia" and bearing no producer or packer
name) to anyone other than a currently registered Vidalia onion
producer or packer.
The Commissioner shall appoint a Vidalia Onion Advisory
Panel, to consist of individuals involved in growing, packing, or growing and
packing Vidalia onions; at least one county cooperative extension agent from
the Vidalia onion production area; and any other person or persons selected by
the Commissioner, for the purpose of rendering advice upon his or her request
regarding the exercise of his or her authority pursuant to Code Sections
2-14-136 and 2-14-137, as
well as for the purpose of recommending the commencement date for Transition 2
each year. Members of the advisory panel shall receive no compensation for
their service as such members.
The Commissioner is authorized to determine and announce a
packing date each year for the Vidalia Onion® marketing season which shall
commence no sooner than 12:01 AM on the Monday of the last full week of April,
each year. Vidalia Onions® shall not be packed or put into commerce, at any
time prior to the announced packing date. Once the packing date is established,
Vidalia Onions may be packed in containers and shipped from that day forward.
The Commissioner may, depending on crop conditions and with the recommendation
of the Vidalia Onion® Advisory Panel, specify a packing date other than the
Monday of the last full week in April. Drying and other forms of onion
preparation may take place prior to the packing date.
| (1) |
Any data, records, reports, or
information obtained from any person or business entity by the Commissioner and
staff under these rules shall be reasonably available to any member of the
public for inspection and copying at the expense of the person or business
entity requesting copies. |
| (2) |
Upon
proper demonstration by any person or business entity affirmatively showing,
establishing, and declaring to the Commissioner that any records, reports, or
information, or any particular part thereof, to which the Commissioner has
access under these rules, would, if made public, divulge information entitled
to protection or confidentiality under the law, the Commissioner shall consider
such information or any particular portion thereof confidential in accordance
with the purposes of the law under which confidentiality, trade secret, or
protection has been claimed and established conclusively that the records,
reports or information are entitled to this protection. |
| (3) |
This rule shall apply to any data,
records, reports, or information which has been established and declared by the
person or business entity to be confidential, trade secrets, or of a privileged
or confidential nature, and required by law to be submitted to Department of
Agriculture where such data, records, or information has not been publicly
released, published, copyrighted, or patented. |
| (4) |
Any claim of confidentiality filed
pursuant to this rule must be established and declared at the time of the
initial submission of the data, records, reports or information, or the claim
of confidentiality is deemed waived. |
| (5) |
To establish and declare confidentiality
the person or business entity must file the claim of confidentiality which must
include the legal basis which establishes by a preponderance of evidence that
the data, records, reports, or information is confidential and should be
protected. |
| (6) |
At the time of
submission of the claim of confidentiality the person or business entity must
submit a copy of the data, records, reports, or information which has redacted
the confidential data, records, reports, or information for the public
file. |
Any person who violates these Rules and Regulations shall be
subject to penalty as set forth in O.C.G.A. § 2-2-.9.1 and O.C.G.A. § 2-14-135.
