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-.03.2 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.
