Rules and Regulations; Enforcement of Article

  1. Law
  2. Georgia Code
  3. Agriculture
  4. Sale of Agricultural and Forest Products
  5. Vidalia Onions
  6. Rules and Regulations; Enforcement of Article

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  1. The Commissioner is authorized to prescribe rules or regulations which may include, but not necessarily be limited to, quality standards, grades, packing, handling, labeling, and marketing practices for the marketing of onions in this state, including the requirements that all Vidalia onions be initially packed only in the Vidalia onion production area and that no Vidalia onion may be shipped from the Vidalia onion production area in bulk except as may be authorized by rule, and such other regulations as are necessary to administer properly this article. The Commissioner may also prescribe rules or regulations establishing a registration, inspection, and verification program for the production and marketing of Vidalia onions in this state and, after hearing and public comment, further limiting the Vidalia onion production area as defined in paragraph (5) of Code Section 2-14-131. Pursuant to such rules, regulations, and conditions as may be prescribed by the Commissioner, the Commissioner is authorized to grant variances in the production area requirements of this article to any producer who has produced in Georgia, marketed, and labeled onions of the Vidalia onion variety as Vidalia onions prior to January 31, 1986. Such rules or regulations may include within the definition of Vidalia onion variety as defined in paragraph (6) of Code Section 2-14-131 other hybrids or varieties of onions which may be developed and which have characteristics similar to the Vidalia onion variety. All onions sold must conform to the prescribed standards and grades and must be labeled accordingly.
  2. The Commissioner and his agents and employees are authorized to enter any premises or other property where onions are produced, stored, sold, offered for sale, packaged for sale, transported, or delivered to inspect such onions for the purpose of enforcing the provisions of this article and the rules and regulations promulgated under this article.

(Code 1981, §2-14-133, enacted by Ga. L. 1986, p. 3, § 1; Ga. L. 1995, p. 710, § 2; Ga. L. 2003, p. 461, § 2.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1986, "January 31, 1986" was substituted for "the effective date of this article" in the third sentence of subsection (a).

JUDICIAL DECISIONS

Authority to regulate packing and shipping.

- While the shipping date statute provides that Vidalia onions may be shipped prior to the announced shipping date with a U.S. No.1 grade certificate, the freedom to do so can be further limited by the authority of the Georgia Commissioner of Agriculture to regulate packing. Black v. Bland Farms, LLC, 332 Ga. App. 653, 774 S.E.2d 722 (2015), cert. denied, No. S15C1669, 2015 Ga. LEXIS 713 (Ga. 2015).

Trial court erred in declaring a new Vidalia onion packing regulation invalid because, pursuant to the Vidalia Onion Act, O.C.G.A. § 2-14-130 et seq., the packing date rule was within the Georgia Commissioner of Agriculture's authority and was not inconsistent with the shipping date statute as all authority to regulate packing and shipping rested with the Commissioner; and because some evidence was presented to support a finding that the packing date rule was reasonable in light of the testimony and letters received by the Commissioner concerning the declining quality of the Vidalia onion and the threat to the industry. Black v. Bland Farms, LLC, 332 Ga. App. 653, 774 S.E.2d 722 (2015), cert. denied, No. S15C1669, 2015 Ga. LEXIS 713 (Ga. 2015).

Mandamus to require enforcement not appropriate.

- Growers were not entitled to mandamus relief to force the Georgia Department of Agriculture and Georgia Commissioner of Agriculture to enforce regulations allegedly prohibiting certain labels that were being used; mandamus could not be used to direct the way in which the Commissioner exercised the Commissioner's discretion under O.C.G.A. § 2-14-132.1 to protect trademark use or the Commissioner's discretion under O.C.G.A. § 2-14-135(a), (b) to civilly enforce regulations promulgated under O.C.G.A. § 2-14-133(a) to promulgate regulations regarding labeling and marketing practices. Bland Farms, LLC v. Ga. Dep't of Agric., 281 Ga. 192, 637 S.E.2d 37 (2006).


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