Notice of Intent to Consider the Adoption of Amendments to the Rules to include green onions that are approved as Vidalia® green onions
April 25, 2007
Notice of Intent to Consider the Adoption of Amendments to the Rules to include green onions that are approved as Vidalia® green onions, and as related to applicable registration requirements, varieties allowed to be grown, U. S. Certification Mark, labeling requirements, standards for grades, invoices, business records retention, and prohibited acts.
TO ALL INTERESTED PERSONS AND PARTIES:
Notice is hereby given that the Georgia Department of Agriculture will hold a public hearing on Wednesday, May 30, 2007, at 10:00 a.m. in Room 201 of the Agriculture Building, 19 Martin Luther King, Jr. Drive, Atlanta, Georgia 30334. Such hearing will be for the purpose of considering the adoption of amendments to the Rules of the Department relating to Vidalia® Onions promulgated under the Vidalia Onion Act of 1986, as amended (O.C.G.A. § 2-14-130, et seq.)
SYNOPSIS, MAIN FEATURES AND DIFFERENCES:
It is proposed to amend Rule 40-7-8-.02 by adding a new paragraph (s) to provide a definition for “green onion.” This action is necessary to protect the “Vidalia” name and trademark.
It is further proposed to amend paragraph (1) of Rule 40-7-8-.03 by adding the requirement for anyone growing Vidalia® green onions to register by October 1 of each year. This is necessary to properly document the growing and movement of Vidalia® green onions.
It is further proposed to amend paragraph (a) of Rule 40-7-8-.03.1 by including Vidalia® green onions relative to the approved varieties allowed to be grown and marketed as a “Vidalia onion variety.” It is also proposed to amend paragraph (b) of this same rule to add Vidalia® green onions to the list of varieties that are excluded from being grown and marketed as a “Vidalia onion variety.” It is further proposed to amend paragraph (c) of this same rule by adding Vidalia® green onions to the requirements for testing variety characteristics by the College of Agricultural and Environmental Sciences of the University of Georgia. It is further proposed to amend subparagraph (3) of paragraph (d) of this same rule to add Vidalia® green onions the requirements for specific testing periods and criteria associated with testing variety characteristics.
It is further proposed to amend Rule 40-7-8-.04 by adding Vidalia® green onions to the licensing requirements to use the U. S. Certification Mark “VIDALIA®”, owned by the Department.
It is further proposed to amend paragraph (1) of Rule 40-7-8-.05 to require that Vidalia® green onions be properly labeled. It is further proposed that a new paragraph (3) and subparagraph (a) be added to this same rule to require all Vidalia® green onions be labeled to show the name and complete address of the place of business of the grower and/or packer.
It is further proposed to amend Rule 40-7-8-.06 to include Vidalia® green onions and reference to the U. S. Standards for Grades of Common Green Onions.
It is further proposed to amend Rule 40-7-8-.09 to include Vidalia® green onions in the requirement for accompanying invoices related to sales of onions.
It is further proposed to amend Rule 40-7-8-.11 to include Vidalia® green onions in the requirements for business records retention of four years.
It is further proposed to amend paragraphs (a), (b), (c) and (d) of Rule 40-7-8-.12 to add Vidalia® green onions to specific prohibited acts under these Rules.
Interested persons may call to request a copy of the proposed rules or may submit written request to:
Bobby Harris, Assistant Commissioner—Marketing Division
Georgia Department of Agriculture
19 Martin Luther King, Jr. Drive
Atlanta, Georgia 30334
Telephone Number: 404-656-3368
FAX Number: 404-656-9380
Written comments must be received no later than the close of business (4:30 p.m. EDT) on Friday, May 25, 2007. This notice is given in compliance with the Georgia Administrative Procedure Act, O.C.G.A. §50-13-4.
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