Compilation of Rules and Regulations of the State of Georgia › Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTURE › Chapter 40-7 - FOOD DIVISION REGULATIONS › Subject 40-7-8 - ADDITIONAL REGULATIONS APPLICABLE TO VIDALIA ONIONS › Rule 40-7-8-.02 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(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.