P.E.I. Vegetable Directed Sales (Interprovincial and Export) Regulations

C.R.C., c. 237

AGRICULTURAL PRODUCTS MARKETING ACT

P.E.I. Vegetable Directed Sales (Interprovincial and Export) Regulations

REGULATIONS RESPECTING THE DIRECTED SALES FLOW IN INTERPROVINCIAL AND EXPORT TRADE OF VEGETABLE PRODUCED IN PRINCE EDWARD ISLAND

SHORT TITLE

1. These Regulations may be cited as the P.E.I. Vegetable Directed Sales (Interprovincial and Export) Regulations.

INTERPRETATION

2. In these Regulations,

"Agency" means the Prince Edward Island Vegetable Growers Cooperative Association and includes any sub-agents thereof; (Agence)

"Commodity Board" means the Prince Edward Island Vegetable Commodity Marketing Board; (Office de commercialisation)

"container" means any bag, box or other receptacle in which vegetable is or can be packed, transported or marketed; (contenant)

"grower" means any person who produces vegetable and includes a producer as defined in the Plan; (producteur)

"person" means any individual, firm, partnership, association or corporation that grows or markets vegetable and includes any servants or agents thereof; (personne)

"Plan" means the Prince Edward Island Vegetable Marketing Plan established pursuant to the Prince Edward Island Natural Products Marketing Act; (Plan)

"processor" means any person who changes the nature of vegetable by mechanical or other means and markets the processed vegetable; (conditionneur)

"sub-agent" means an agent of the Agency; (sous-agent)

"transport permit" means a valid permit in a form approved by and issued under the authority of the Commodity Board authorizing the movement or transportation of vegetable; (permis de transport)

"trucker" means any person who holds or is required by law to hold a public or limited freight licence issued by the Public Utilities Commission of Prince Edward Island, but does not include a grower who uses his own truck for the sole purpose of hauling vegetable that he has grown; (camionneur)

"vegetable" means any turnip produced in the Province of Prince Edward Island; (légumes)

"warehouser" means any person who stores vegetable for another person; (entreposeur)

"wholesaler" means any person other than the Agency who sells or offers for sale vegetable to any person other than directly to the consumer, but does not include a jobber or broker or a person who has no facilities that are customarily employed in his business to store or transport vegetable. (grossiste)

APPLICATION

3. These Regulations apply only to the marketing of vegetable in interprovincial and export trade and to persons and property situated in the Province of Prince Edward Island.

AGENCY

4. Unless otherwise ordered by the Commodity Board, vegetable shall be marketed only through the Agency.

EXCLUSIVE PURCHASE AND SALE

5. (1) No grower shall, in order to market vegetable, deal with any person other than the Agency.

(2) No wholesaler shall purchase or accept vegetable from any person other than the Agency.

(3) No processor shall market vegetable except in a processed or manufactured form.

(4) No processor shall purchase or accept vegetable from any person other than the Agency or a wholesaler licensed pursuant to the P.E.I. Vegetable Licensing (Interprovincial and Export) Regulations.

DUTIES OF AGENCY

6. (1) Subject to subsection (2), the Agency shall, in respect of the marketing of vegetable, collect from each grower such charges as are from time to time agreed upon by the Agency and the Commodity Board.

(2) Where the Agency sells vegetable directly to a processor it may, in addition to any charge referred to in subsection (1), charge the processor an amount equal to the normal wholesale mark-up at the time of the sale.

(3) The Agency may, through its duly authorized officers, employees, servants or sub-agents, do anything that it is authorized or required to do by these Regulations.

(4) The Commodity Board may designate any person as a sub-agent.

POOLING

7. (1) The Agency may, for such periods of time as it determines, conduct pools for the distribution of proceeds from sales by it of vegetable.

(2) In each pool conducted pursuant to subsection (1), the Agency shall distribute the proceeds from sales by it of vegetable, after deducting therefrom the charges referred to in section 6, in such a manner that each grower receives his share of the total proceeds in the pool in proportion to the quantity, and taking into account the variety, size and grade of the vegetable delivered by him to the Agency.

(3) No grower is entitled to a sale price for the vegetable delivered by him to the Agency that would result in his receiving an amount in excess of his share of the total proceeds in a pool, as described in subsection (2).

(4) No distribution of the proceeds referred to in subsection (2) shall be made without the approval of the Commodity Board.

QUALITY

8. (1) The Agency may refuse to accept or market any vegetable delivered to it that, in its opinion, is not of marketable quality.

(2) No person shall, in any manner, market or dispose of any vegetable that the Agency has refused to accept or market, except under an order of the Commodity Board and in accordance with the terms of the order.

CONTROL

9. (1) Subject to subsection (2), no person shall market any vegetable unless it is in a container that is approved by the Commodity Board and has attached thereto an appropriate label or tag in a form approved by the Commodity Board.

(2) Subsection (1) does not apply in respect of the shipping of any vegetable to the Agency.

10. (1) Subject to subsection (2), no person shall transport any vegetable in any vehicle unless a transport permit in respect of the vegetable has been issued to him and is carried by him in the vehicle.

(2) A person may transport any vegetable in a vehicle if a transport permit in respect of the vegetable has been issued in his name and has been mailed to his address.

(3) No person shall transport any vegetable

(a) in any quantity,

(b) to or from any place, or

(c) on any day or during any period

that is not authorized by the transport permit issued to him in respect of the vegetable.

11. (1) No person shall issue or use, in respect of any vegetable, any licence, transport permit, container, label or tag that has not been authorized by the Commodity Board.

(2) No licence, transport permit, container, label or tag authorized by the Commodity Board in respect of any vegetable shall be issued or sold except

(a) by a person who is a member of, or an employee duly authorized by, the Commodity Board; and

(b) in the name and on behalf of the Commodity Board.

(3) Where any licence, transport permit, container, label or tag authorized by the Commodity Board in respect of any vegetable is required to be signed, it may be signed by any person authorized for that purpose by the Commodity Board.

12. (1) No person shall use in respect of any vegetable any licence, transport permit, container, label or tag unless it was issued to him by the Commodity Board.

(2) No person shall remove, alter, mutilate or destroy any label or tag issued by the Commodity Board and attached to a container that contains any vegetable.

(3) No person shall use or permit to be used any label or tag issued by the Commodity Board in respect of any vegetable for any purpose other than that for which it was intended.

(4) No person shall use any label or tag issued by the Commodity Board in respect of any vegetable if the label or tag has previously been used.

(5) No person shall, without the written permission of the Agency, use, for a purpose other than marketing vegetable, any container intended for such marketing.