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-.13 - Variances

(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.