Statutes, codes, and regulations
Georgia Administrative Code
Department 40 - RULES OF GEORGIA DEPARTMENT OF AGRICULTUREChapter 40-7 - FOOD DIVISION REGULATIONS
Subject 40-7-8 - ADDITIONAL REGULATIONS APPLICABLE TO VIDALIA ONIONS
Rule 40-7-8-.13 - Variances

Ga. Comp. R. & Regs. 40-7-8-.13

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Current through Rules and Regulations filed through November 22, 2024
Rule 40-7-8-.13 - Variances

Upon the application of any person showing:

(a) That he has produced and sold or marketed onions as Vidalia onions in this State within three years prior to the effective date of these regulations; and
(b) That continued production and sales or marketing of such onions by the applicant would be authorized under these rules but for the fact that the onions would be grown outside the Vidalia onion production area, the Commissioner may grant a variance to such person authorizing him to continue to produce, package, store and sell or market such onions in the production area specified in the application. Any such action by the Commissioner shall authorize a variance only as to the production area, and the person receiving the variance shall be subject to all other requirements contained in these rules. A variance may not be transferred. The Commissioner, under the conditions he prescribes, may require the submission of such information or documentation as he deems necessary in connection with the issuance of such variances. All applications for variances shall be on forms developed by the Commissioner. An application for a variance must be filed with the Commissioner by December 31, 1987, in order to be eligible for consideration. Variance Application Forms may be obtained from the Georgia Department of Agriculture, Markets Division, Capitol Square, Atlanta, Georgia 30334.

Ga. Comp. R. & Regs. R. 40-7-8-.13

O.C.G.A. Secs. 2-14-133, 26-2-1et seq.

. Original Rule entitled "Containers" adopted. F. Apr. 30,1996; eff. May 20, 1996.
Amended: Rule retitled "Prima Facie Presumption". F. Dec. 13, 1996; eff. Jan. 2, 1997.
Repealed: New Rule entitled "Certified Controlled Atmosphere Storage" adopted. F. Sept. 25, 2003; eff. Oct. 15, 2003.
Amended: F. Mar. 4, 2004; eff. Mar. 24, 2004.
Repealed: New Rule entitled "Variances" adopted.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Repealed: New Rule of same title adopted.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Repealed: New Rule of same title adopted.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.