Though Vidalia onion season is just around the corner and some growers may start harvesting in a couple of weeks, there is still no word from a Georgia court about a pending challenge to a case that could prevent packing or shipping before April 20.

In August 2013, Georgia Commissioner of Agriculture Gary Black issued a mandate 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 — April 20 this year.

Black’s ruling came in response to complaints from retailers and customers that some early-season Vidalia onions were not ready for market. Since the state of Georgia owns the Vidalia trademark, Black said he was acting to protect the crop.

Delbert Bland of Bland Farms LLC in Glennville, GA, challenged the ruling in court, claiming a calendar can’t determine when an onion is ready for harvest. A Georgia judge ruled in Bland’s favor last March, saying Black had overstepped the authority of his office. Black immediately filed an appeal, the results of which are still up in the air.

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 only Mother Nature can determine when a Vidalia onion is ready to market.

While a majority of growers favor the Black mandate, it’s a complex issue to be sure, so much so that on Jan. 26 Fulton County (Georgia) Superior Court Judge Wendy Shoob issued a pre-ruling clarification of the March 2014 court decision and Black’s appeal in advance of the still-pending final ruling.

Shoob agreed that Black overstepped his authority as commissioner by setting a mandatory pack/ship date and is prohibited from enforcing that order.

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 could come any day, according to Bland’s attorney Michael Bowers.