Vidalia onion grower Delbert Bland of Bland Farms LLC in Glennville, GA, told The Produce News July 7 he was surprised by a judge’s decision last week to side with Georgia Commissioner of Agriculture Gary Black on a mandatory pack and ship date for the official state vegetable and plans an immediate appeal to the Georgia Supreme Court.Delbert Bland

Though the ruling was delayed until after this year’s fresh Vidalia onion season came and went, Georgia State Appeals Court Judge Michael Boggs ruled June 30 that Black does indeed have the authority to set a mandatory pack and ship date for the official state vegetable, reversing lower court rulings.

The question of just when a Vidalia onion is ready to go to market has been a hotly debated topic for years. Judge Boggs’ ruling will not be the final say in the matter. Bland brought the initial challenge to Black’s rule and promises an appeal “just as quick as we can get to the courthouse.”

Bland’s legal advisors contend that Boggs did not consider the letter of the law in the case.

“We’ve never discussed the rights or wrongs of shipping early or shipping whenever, it’s all been about the law,” Bland said. “The whole case is about whether the commissioner had the right by law to change the rule.”

In August 2013, 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.

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

While most Vidalia growers supported Black, Bland challenged the commissioner’s order, claiming a calendar can’t determine when an onion is ready for harvest. A Georgia judge ruled in Bland’s favor in March 2014, saying Black had overstepped the authority of his office.

Black immediately filed an appeal, the results of which were initially expected prior to the beginning of this year’s Vidalia season. The 2015 crop is already in storage, but if Judge Boggs’ ruling stands, growers who pack and ship before April 25, 2016 face steep fines for doing so.

“If they were going to judge the fact of whether we can ship early or can’t, if they wanted to debate that, that’s one debate,” Bland said. “But what was presented to them was whether the commissioner had the right by law to change the pack date. I’m definitely appealing this and it is my [legal team’s] opinion that the judge ruled on something he wasn’t asked to rule on: Whether [Black] had the right to change the law. And he didn’t rule on that.”

Black’s office released a statement that read, “We would like to thank the court for their attention to this matter and are pleased with their decision as we continue to work with growers to ensure the quality of the Vidalia onion brand.”