Complex Vidalia onion mandatory pack/ship date has another day in court with more to come
Complex Vidalia onion mandatory pack/ship date has another day in court with more to come
For years, Vidalia onion growers have sparred about when their season should officially begin. Some say coming to market too early puts lesser-quality onions in front of consumers and tarnishes the brand. Others say no calendar can determine when a Vidalia onion is ready to market.
The two sides squared off in court last year after Georgia Commissioner of Agriculture Gary Black issued a ruling setting a standard start date each April before which no Vidalia onion can be packed or shipped.
Bland Farms LLC in Glennville, GA, filed suit to have Black’s start date overturned, and a Georgia judge ruled in the onion grower’s favor last March. Black’s office immediately filed an appeal, the results of which are expected to be known some time before the Vidalia season begins in April.
In the meantime, an apt demonstration of how complex the issue has become came Jan. 26 in the form of a pre-ruling clarification of the existing ruling issued by Fulton County (Georgia) Superior Court Judge Wendy Shoob.
Shoob agreed that, as per the initial ruling, Black overstepped his authority as commissioner by setting a mandatory pack/ship date and is prohibited from enforcing that order.
Georgia’s agriculture commissioner exceeded his authority when he changed the start date for Vidalia onions and he is prohibited from enforcing the packing date, even though the case is on appeal, Shoob ruled.
According to court documents, Shoob wrote, “The court’s final order (on March 19, 2014) clearly granted the injunction, and thus (Black) is prohibited from enforcing the unconstitutional packing rule date.”
The clarification was needed because Shoob ruled there was ambiguity about Black’s appeal. The recent action paves the way for the final ruling on the appeal, which may not come before the end of March, according to Bland’s attorney, Michael Bowers.
Black’s office held Bland in violation of his order during the 2014 season, but given the court’s initial ruling and the pending status of the appeal, no fines have been levied nor actions taken.
Black’s initial packing rule was issue in August 2013 and mandates that no Vidalia onion can be packed or shipped sooner than 12:01 a.m. on the Monday of the last full week of April each year.
