Rule 40-7-8-.03.1 - Vidalia Onions Varieties Allowed to Be Grown(a) Upon recommendation of the Director of the Experiment Stations of the College of Agricultural and Environmental Sciences of the University of Georgia, the Commissioner will authorize onion varieties to be included as a "Vidalia onion variety" as defined in Rule 40-7-8-.02(g) and to be planted and marketed as Vidalia onions or Vidalia green onions. The authorized onion varieties will be listed and published online at http://agr.georgia.gov, as well as on the Vidalia grower/packer application, and will be updated as necessary.(b) Any and all onion varieties not included on the published list referenced in paragraph (a) above are specifically limited and excluded from being planted and marketed as Vidalia onions or Vidalia green onions.(c) No onion variety shall be listed as an authorized variety until it shall have completed three years of testing by the College of Agricultural and Environmental Sciences of the University of Georgia to evaluate shape, color, pungency, sugars, and other factors characteristic of Vidalia onions and is recommended for inclusion as a Vidalia onion by the Director of the Experiment Stations of said College.(d) In addition to the criteria established by the Director of the Experiment Stations of the College of Agricultural and Environmental Sciences of the University of Georgia for making his/her recommendation, the following guidelines will be considered by, but not limit, the Commissioner in reviewing the recommendations of the Director for the authorization of additional varieties or limitation of existing varieties: (1) Any proposed new variety must be registered by the seed producer with the Department prior to commencement of any official test trials by a seed producer, onion grower, or the Director; such registration shall include, without limitation, the proposed name and test identification number, results of seed producer tests, and other relevant data; in the case of varieties being tested at or before the effective date of this rule, such registration shall be within sixty (60) days of the effective date of this rule.(2) The seed producer shall furnish the Director with a representative quantity, as determined by the Director, of the new variety and of any existing approved variety for testing by an annual deadline set by the Director.(3) The test period shall be three (3) consecutive years in University test trials. Test plots on individual farms (either by the seed producer, an onion grower or the Director) shall be limited to 0.07 acres (approximately 3,000 square feet) for each variety, which shall be clearly identified and segregated from plantings of approved Vidalia varieties and reported in writing by January 15th of the harvest year to the Department with appropriate lay-out maps showing the location thereof. At the completion of each test trial from an individual farm, the test plots must be completely destroyed and under no circumstances may any onions from said plots be introduced into the marketplace or sold as Vidalia onions or Vidalia green onions.(4) Prior to planting test plots, seed producers shall furnish, in writing, to the Department the names and locations of all growers where test trials are to be conducted.Ga. Comp. R. & Regs. R. 40-7-8-.03.1
O.C.G.A. §§ 2-13-130et seq., 2-14-131, 2-14-133.
Original Rule entitled "Vidalia Onions Varieties Allowed to Be Grown" adopted. F. June 5, 2001; eff. June 25, 2001.Amended: F. July 31, 2001, eff. August 20, 2001.Amended: F. Aug. 22, 2002; eff. Sept. 11, 2002.Amended: F. Mar. 4, 2004; eff. Mar. 24, 2004.Repealed: New Rule of same title adopted. F. Aug. 6, 2004; eff. Aug. 26, 2004.Repealed: New Rule of same title adopted. F. Oct. 6, 2005; eff. Oct. 26, 2005.Amended: F. Aug. 11, 2006; eff. Aug. 31, 2006.Repealed: New Rule of same title adopted. F. June 11, 2007; eff. July 1, 2007.Repealed: New Rule of same title adopted. F. Sept. 20, 2007; eff. Oct. 10, 2007.Repealed: New Rule of same title adopted. F. Mar. 31, 2010; eff. Apr. 20, 2010.Amended: F. Mar. 30, 2016; eff. Apr. 19, 2016.