Posted April 17, 2014
Both sides are claiming victory after a Georgia judge
refused to intervene in a case between a Vidalia onion grower and the state’s
agriculture commissioner, according to an article by the Associated Press
available here.
The dispute involves a regulation which mandates that
Vidalia onions may not be packed for shipping before the last full week of
April. The rule is aimed at keeping
unripe onions off store shelves, damaging the brand’s reputation. Vidalia onion
sales are estimated to be worth $150 million a year.
Both sides are claiming victory in the most recent case,
according to an article by The Packer available here.
Superior Court Judge Jay D. Stewart dismissed the case
on April 15. Judge Stewart’s ruling
states that he did not have jurisdiction to hear the case, “partly because the
matter was already pending before the Georgia Court of Appeals.”
Judge Stewart wrote, “The plaintiff sought, and
obtained, an order in (Judge Wright’s court) declaring that the new packing
rule is void and unenforceable as well as an injunction barring (Commissioner
Black) from taking any enforcement action against (Bland) for violations of
this packing rule.”
The commissioner and Georgia’s Attorney General say
that their notice of appeal put the case on hold, which means the new rule is
still in effect. Black’s office issued a
statement saying, “We believe Judge Stewart correctly dismissed the case…With
the help of the Attorney General’s office, we look forward to continuing the
discussions regarding the Vidalia onion pack date in appellate court.”
Bland and his attorney, however, believe that they have
an injunction barring the commissioner from enforcing the new Vidalia onion
start date.
For more information on the previous case a post from
this blog is available here. For more information on marketing orders,
please visit the National Agricultural Law Center’s website here.
