By Associated Press - Monday, March 24, 2014

ATLANTA (AP) - A judge says Georgia’s agriculture commissioner overstepped his authority when he changed rules so he could determine when Vidalia onions could be harvested and shipped.

The Atlanta Journal-Constitution reported that (https://bit.ly/1oT5EiZ) Fulton County Superior Court Judge Cynthia Wright made a ruling on the issue late last week. State law gives Agriculture Commissioner Gary Black authority over packaging rules but does not allow him to decide when the onions can be shipped, she said.

Black in August said the iconic sweet onions could not be shipped before the last week of April. He was responding to concerns that Vidalia onions weren’t as sweet as they should be. Delbert Bland, one of the largest growers of Vidalia onions, sued Black over the rule change.

In a statement, Black said his office is disappointed with the ruling and that the state Attorney General filed an appeal on Monday.

“Lost in this discussion is that the Georgia Department of Agriculture has worked with the Vidalia onion industry for 18 months to establish a pack date and the majority of the growers are in favor of this rule,” he said, adding that his sole responsibility is “to protect the integrity of the Vidalia onion trademark, a trademark registered to the Georgia Department of Agriculture.”

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Information from: The Atlanta Journal-Constitution, https://www.ajc.com

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