A-6Agricultural Products Marketing ActC.R.C., c. 211201301

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AGRICULTURAL PRODUCTS MARKETING ACTOntario Greenhouse Vegetable Service Charge (Interprovincial and Export) RegulationsRegulations Respecting the Service Charges to be Paid by Producers for the Marketing in Interprovincial and Export Trade of Greenhouse Vegetables Produced in OntarioSHORT TITLE

1.These Regulations may be cited as the Ontario Greenhouse Vegetable Service Charge (Interprovincial and Export) Regulations.

INTERPRETATION

2.In these Regulations,appointed shipper means a shipper in possession of a valid and subsisting certificate of appointment issued by the Commodity Board pursuant to the Ontario Greenhouse Vegetable Appointed Shippers’ Procedures (Interprovincial and Export) Regulations; (expéditeur désigné)Commodity Board means The Ontario Greenhouse Vegetable Producers’ Marketing Board; (Office de commercialisation)greenhouse vegetables means tomatoes, cucumbers and lettuce produced in the Province of Ontario in a greenhouse or any other enclosure under glass, plastic or other material used for the purpose of controlling temperature and providing protection for growing plants; (légumes de serre)producer means a person engaged in the production of greenhouse vegetables; (producteur)product means any quantity of greenhouse vegetables; (produit)shipper means any person who offers for sale, sells, receives, assembles, packs, ships for sale or transports a product but does not include(a)a servant employed by and driving a vehicle owned by a producer or an appointed shipper,(b)a railway company, or(c)a person who transports the product by motor vehicle as agent of the producer. (expéditeur)

APPLICATION

3.These Regulations apply only to the marketing of a product in interprovincial and export trade and to persons and property situated in the Province of Ontario.

EXEMPTION

4.A producer who sells a product directly to a consumer is, in respect of the product so sold, exempt from these Regulations.

IMPOSITION AND RATE

5.Every producer shall pay to the Commodity Board, in addition to the remuneration of the appointed shippers as determined from time to time by the Commodity Board, a service charge for the marketing of the product in the amount of(a)$0.005 per pound of tomatoes;(b)$0.05 per dozen of long, seedless cucumbers; and(c)$0.025 per dozen of cucumbers other than long, seedless cucumbers.

METHOD OF PAYMENT

6.(1)Where a product is sold through the Commodity Board, the Commodity Board shall deduct the service charge imposed by section 5 from the moneys payable by the Commodity Board to the producer for the sale of the product.(2)Where a product is sold through a shipper, the shipper shall deduct the service charge imposed by section 5 from the moneys payable by him to the producer and remit the amount deducted to the Commodity Board within 21 days after the receipt by him of the product.