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-.08 - Handling Requirements

Current through Rules and Regulations filed through June 27, 2024
(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 1/4 inches in diameter.
2.
				"
Medium
" shall be from 2 to 3 1/4 inches in
				diameter.
3. "
Large
				Medium
" shall be 2 1/2 inches or larger in diameter.
4. "
Large
" or
				"
Jumbo
" shall be 3 inches or larger in diameter.
5. "
Colossal
" shall be 3 3/4
				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.