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Black v. Bland Farms LLC

A regulation authorizing the Georgia Commissioner of Agriculture to determine and announce a packing date each year for the Vidalia onion did not conflict with the Vidalia Onion Act, O.C.G.A. § 2-14-130 et seq..

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In Case No. A15A0042, Gary Black, in his official capacity as the Georgia Commissioner of Agriculture the Commissioner, appeals from a trial court ruling declaring a new Vidalia onion packing regulation invalid. The Commissioner contends that the plaintiff, Bland Farms, LLC, did not demonstrate that it had standing to bring the action, and that the new regulation was a valid one. For the following reasons, we agree with the trial court that Bland Farms has standing to bring a declaratory judgment action, but hold that the packing regulation was a valid exercise of the Commissioner’s authority pursuant to the Vidalia Onion Act, OCGA § 2-14-130 et. seq. We therefore affirm in part and reverse in part in Case No. A15A0042. Case No. A15A1610 is dismissed as moot.1

In 1986, the Georgia General Assembly enacted the Vidalia Onion Act. OCGA § 2-14-130. Use of the term Vidalia is prescribed by OCGA § 2-14-132:

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