Subject 40-7-8 ADDITIONAL REGULATIONS APPLICABLE TO VIDALIA ONIONS

The following words or terms shall have the meaning set forth herein when used in these rules and regulations:

"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.

"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.

Rule 40-7-8-.03 Registration

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 15^th 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.

Rule 40-7-8-.03.1 Vidalia Onions Varieties Allowed to Be Grown

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:

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.

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 15^th 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.

Rule 40-7-8-.03.2 Onion Seed Sold to Growers in Vidalia Onion Production Area

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.

Rule 40-7-8-.04 Certification Mark Agreement

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.

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.

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.

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.

Rule 40-7-8-.05 Labeling

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.

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.

Rule 40-7-8-.06 Standards for Grades of Vidalia Onions and Green Onions

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.

Rule 40-7-8-.07 [Repealed]

Rule 40-7-8-.08 Handling Requirements

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.

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.

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.

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 24^th and shall end no later than September 30^th 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.

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.

Rule 40-7-8-.09 Invoices

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.

Rule 40-7-8-.10 Right of Entry

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.

Rule 40-7-8-.11 Business Records

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.

Rule 40-7-8-.12 Prohibited Acts

The following acts and the causing thereof within this State are prohibited:

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.

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.

Rule 40-7-8-.13 Variances

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

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.

Rule 40-7-8-.14 Certified Controlled Atmosphere Storage

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:

(a)	Name of storer;

(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.

Rule 40-7-8-.15 Containers

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.

Rule 40-7-8-.16 Vidalia Onion Advisory Panel

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.

Rule 40-7-8-.17 Packing Date

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.

Rule 40-7-8-.18 Confidentiality of Information

(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.