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

(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.

(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.

(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.

(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.