New Brunswick Potato Marketing Levies (Interprovincial and Export) Order

SOR/85-401

AGRICULTURAL PRODUCTS MARKETING ACT

New Brunswick Potato Marketing Levies (Interprovincial and Export) Order

ORDER RESPECTING FIXING, IMPOSING AND COLLECTING LEVIES ON POTATOES PRODUCED IN NEW BRUNSWICK AND MARKETED IN INTERPROVINCIAL AND EXPORT TRADE

[SOR/88-306, s. 1(F)]

SHORT TITLE

1. This Order may be cited as the New Brunswick Potato Marketing Levies (Interprovincial and Export) Order. SOR/88-306, s. 2(F).

INTERPRETATION

2. In this Order,

"Commodity Board" means the New Brunswick Potato Agency; (office)

"designated area" means the counties of Carleton, Madawaska and Victoria in the Province of New Brunswick; (région désignée)

"hundredweight" means one hundred pounds; (quintal)

"person" [Revoked, SOR/90-691, s. 1]

"processor" means a producer or any other person who changes the form of potatoes by mechanical or other means and markets the potatoes so altered; (transformateur)

"producer" means a person who produces one thousand hundredweight or more of potatoes in New Brunswick in any year; (producteur)

"shipper" means a person who purchases potatoes produced in New Brunswick for the purpose of resale and includes a trucker, wholesaler, peddler, broker, dealer or commission agent but does not include a retailer. (expéditeur) SOR/87-97, s. 1(F); SOR/88-306, s. 3; SOR/90-691, s. 1.

APPLICATION

3. This Order applies to the marketing of potatoes in interprovincial and export trade and to persons and property situated in the Province of New Brunswick.

IMPOSITION OF LEVIES

[SOR/88-306, s. 5(F)]

4. Every producer in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes produced and sold by the producer or on behalf of the producer. SOR/88-306, s. 4.

5. Every shipper in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes shipped by or through the shipper. SOR/88-306, s. 4.

6. Every processor in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes processed by the processor or on behalf of the processor. SOR/88-306, s. 4.

EXEMPTIONS

7. A producer who sells potatoes to or through a shipper or a processor is, with respect to those potatoes, exempt from the levy imposed by section 4. SOR/88-306, s. 5(F).

8. A shipper who sells potatoes to or through a processor or another shipper is, with respect to those potatoes, exempt from the levy imposed by section 5. SOR/88-306, s. 5(F).

9. A producer who sells potatoes for less than $1.25 per hundredweight is exempt from the levies imposed by this Order in respect of the sale of those potatoes where the sale was by means of an arm's length transaction. SOR/87-97, s. 2; SOR/88-306, s. 5(F); SOR/90-691, s. 2; SOR/91-418, s. 1.

PAYMENT PROVISIONS

10. A producer shall remit the levy imposed by this Order to the Commodity Board within 30 days after delivery of the potatoes to the purchaser. SOR/88-306, s. 5(F).

11. A shipper or a processor shall remit the levy imposed by this Order to the Commodity Board within 30 days after receipt by him of the potatoes. SOR/88-306, s. 5(F).