British Columbia Turkey Marketing Board (Interprovincial and Export) Order

C.R.C., c. 150

AGRICULTURAL PRODUCTS MARKETING ACT

Order Respecting the Marketing in Interprovincial and Export Trade of Turkeys Produced in British Columbia

Short Title

 This Order may be cited as the British Columbia Turkey Marketing Board (Interprovincial and Export) Order.

Interpretation

 In this Order, unless the context requires otherwise,

agency

agency means a person designated by the Commodity Board as being a person through which any regulated product shall be processed, packed, stored or marketed; (agence)

area

area means the Province of British Columbia; (région)

Commodity Board

Commodity Board means the British Columbia Turkey Marketing Board; (Office de commercialisation)

British Columbia Act

British Columbia Act means the Natural Products Marketing (British Columbia) Act, Revised Statutes of British Columbia, 1960, Chapter 263; (Loi de la Colombie-Britannique)

caterer

caterer means any person who uses the regulated product on his premises in serving food to the public; (traiteur)

container

container means any covering, bag, box or other container or receptacle in which the regulated product can be packed, transported or marketed; (contenant)

Federal Act

Federal Act means the Agricultural Products Marketing Act; (Loi fédérale)

grower

grower means any person owning and operating a farm or farms, for production of turkeys in the area to which the scheme relates, and includes any person operating under lease or agreement the terms of which provide that the returns for the crop are payable to the persons operating the farm; (producteur)

marketing

marketing includes buying, selling, disposing of, and offering for sale or other disposition in any manner by any person, and includes transportation of the regulated product; (commercialisation)

municipal market

municipal market means any public market maintained by a municipal corporation; (marché municipal)

peddler

peddler means any person who sells or offers for sale the regulated product on the street or on premises other than a fixed commercial establishment operated by him; (colporteur)

person

person means any human being, firm, partnership or corporation who, or which, grows, packs, processes, stores, transports or markets the regulated product, and includes the servants, agents and employees of any such human being, firm, partnership or corporation; (personne)

processor

processor means any person who changes the nature of the regulated product by mechanical means or otherwise, and markets, offers for sale, sells, stores or transports the processed or manufactured product; (transformateur)

producer-vendor

producer-vendor means any grower who processes and markets, offers for sale, sells, stores or transports all or any portion of the regulated product grown by him but does not process, market, offer for sale, sell, store or transport the regulated product grown by any other person; (producteur-vendeur)

quota

quota means the maximum quantity of the regulated product issued by the Commodity Board for any purpose under this Order; (contingent)

regulated product

regulated product means any class of turkey raised for meat or egg production grown in the area covered by the British Columbia Turkey Marketing Scheme and includes any quantity of the product; (produit réglementé)

retailer

retailer means any person who sells or offers for sale the regulated product direct to consumers from a fixed commercial establishment operated by him, but shall not be deemed to include a grower who sells or offers for sale direct to consumers the regulated product grown by him from his own roadside stand or from a stall in the municipal market; (détaillant)

transport order

transport order means any order, in a form approved by the Commodity Board and issued in the name of the Commodity Board by a duly authorized employee or nominee of the Commodity Board, authorizing the moving or transporting of the regulated product from one place to another; (ordre de transport)

trucker

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 British Columbia, but shall not be deemed to include a grower who uses his own truck to haul the regulated product grown by him and does not use it to haul the regulated product grown by anyone else; (camionneur)

unit of regulated product

unit of regulated product means a single turkey grown for meat and/or egg production in the area covered by the Commodity Board; (unité de produit réglementé)

warehouseman

warehouseman means any person, other than an agency, who stores the regulated product for another person; (entreposeur)

wholesaler

wholesaler means any person, other than an agency, who sells, or offers for sale the regulated product to any retailer, peddler, caterer, processor or wholesaler or otherwise than directly to the consumer. (grossiste)

Books, Records and Information

  •  (1) Every person shall keep in the English language complete and accurate books and records of all matters relating to the production, processing, packing, storing, transporting and marketing of the regulated product by him.

  • (2) For the purpose of ascertaining whether the orders, rules and regulations of the Commodity Board are being complied with, every person shall, upon request, produce for inspection by the Board, or any members of the Commodity Board, or any of its employees or any other individual authorized by the Commodity Board for that purpose, all such books and records kept by him.

  • (3) Every person shall upon request, furnish to the Commodity Board any information relating to the production, processing, packing, storing, transporting and marketing by him of the regulated product, and shall make specific answers to any questions submitted to him by any member or employee of the Board or any other individual duly authorized by the Commodity Board.

  • (4) Every person shall permit any member or employee of the Commodity Board or any other person authorized by the Commodity Board to inspect all premises occupied or controlled by such person.

  • (5) Every person in charge of any vehicle in which the regulated product could be transported shall, when requested or ordered to do so by any member or employee of the Commodity Board or a police constable, bring the vehicle to a stop and permit the member or employee or any police constable to search the vehicle.

Licensing Regulations

  •  (1) Subject to subsection (4), no person shall grow, process, pack, store, transport or market the regulated product unless he registers with the Commodity Board and is qualified to, and does, obtain from the Commodity Board annually one or more appropriate licences of the types hereinafter described, and pays to the Commodity Board annually the fee for such licence as hereinunder prescribed:

  • (2) A separate licence must be obtained for each premise, motor vehicle or building or place of storage operated.

  • (3) Subject to subsection (4), every licence issued to a caterer, grower, peddler, processor, retailer, trucker, warehouseman, or wholesaler shall expire on December 31st next following its date of issue.

  • (4) Every caterer, peddler and retailer, who in all other respects complies with the orders of the Commodity Board, shall not be required during the pleasure of the Commodity Board, to register or be licensed under this Order.

  • (5) Every licence is subject to cancellation by the Commodity Board, if, in its opinion, the holder of such licence has violated any order of the Commodity Board, or for such other reasons relating to control of the marketing of the regulated product as the Commodity Board may see fit.

  • (6) Every person who operates in any two or more of the capacities of caterer, grower, peddler, processor, retailer, trucker, warehouseman and wholesaler, and who otherwise requires to be licensed, shall obtain from the Commodity Board licences for all such capacities and he shall comply with all orders of the Commodity Board that apply to him or his operations in each such capacity.

  • (7) No person who holds a valid licence to operate in any capacity set forth in paragraph 3(a) of the General Orders 1966 of the British Columbia Turkey Marketing Board shall be required to pay any fee for any licence required under section 3 thereof.

Agency

  •  (1) The Commodity Board shall designate the agencies through which the regulated product shall be processed, packed, stored or marketed.

  • (2) Until otherwise directed by the Commodity Board, all processors in the Province of British Columbia licensed by the Commodity Board are designated as agencies.

  • (3) Every agency shall receive, process and market all the regulated product that it is authorized to process, pack, store or market, delivered to it or to its order, in compliance with the orders of the Commodity Board.

  • (4) Every agency shall be required to make a deduction from the grower’s account as a fixed charge on each and every shipment received by it for purchase or marketing of such an amount as may be determined from time to time by the Commodity Board.

  • (5) Every agency shall make up a statement on the last day of each month showing the name and address of each grower from whom the agency received the regulated product, the number of birds received, the price paid therefor, and the amount deducted for the account of the Commodity Board for each grower and this statement and the monies so collected, shall be forwarded to the Commodity Board’s office not later than the 15th day of the month next following.

  • (6) Every producer-vendor shall be required to make a remittance to the Commodity Board as a fixed charge on each and every bird marketed by him such an amount as may be determined from time to time by the Commodity Board.

  • (7) Every agency shall deduct from the price paid to the grower and pay to the Commodity Board $0.0025 for each pound of the regulated product received by the agency and each producer-vendor shall remit a similar amount for each pound of the regulated product marketed by him.

  • (8) No agency shall, unless specifically ordered by the Commodity Board so to do, receive, process, pack, store or market any of the regulated product in respect of which there has occurred any disobedience of or non-compliance with any orders of the Commodity Board, and any agency that does so or fails itself to comply with any orders of the Commodity Board may have its licence cancelled by the Commodity Board.

  • (9) No agency shall, unless specifically ordered by the Commodity Board to do so, accept, process, pack, store or market any regulated product that is grown by any grower who does not hold a subsisting grower’s licence, or that is not delivered to it or to its order under a valid transport order.

  • (10) Every agency shall be entitled to sell the regulated product directly to a retailer, peddler, caterer, processor, wholesaler or consumer and shall be entitled to charge the normal wholesale spread in effect at the time of such sale.

  • (11) Any agency designated as an agency by the Commodity Board may make arrangements with any other agency for the processing, packing, storing or marketing of the regulated product over which the first agency has authority by the other agency, either in the name of the first agency or of the other agency, provided that the agencies involved may make such arrangements as to remuneration for such services and the costs of transportation as they mutually agree.

Product Requirements

  •  (1) All agencies shall file with the Commodity Board an estimate of their requirements for the regulated product for a period of at least the 12 months next ensuing, this estimate to be continually updated so that at no time is there less than one year’s advance requirements on record with the Commodity Board.

  • (2) The Commodity Board shall consider the requirements for the regulated product of all agencies as submitted by them and the Commodity Board may issue quotas and make regulations with respect to the transportation, processing, packing, storage and marketing of the regulated product which in its opinion the Commodity Board may deem are required for the purposes of fulfilling the aforesaid requirements.

  • (3) Except as provided by this Order, no person shall be entitled to market, process, pack or store or cause or permit to be marketed, processed, packed or stored any of the regulated product for consumption or resale outside British Columbia in excess of any quota issued by the Commodity Board.

  • (4) No grower who produces any of the regulated product in excess of any quota issued by the Commodity Board in respect of such grower and who desires to market the product for consumption or resale outside British Columbia shall

    • (a) market or cause or permit to be marketed any of the regulated product in excess of the quota without having first obtained a transport order in respect thereof;

    • (b) market or cause or permit to be marketed any of the regulated product in excess of the quota except to or through an agency, without first having obtained the written permission of the Commodity Board or a duly authorized employee of the Commodity Board or some other person authorized by the Commodity Board so to do; or

    • (c) store or cause or permit to be stored any of the regulated product in excess of the quota except through or with an agency, and every grower so storing or causing or permitting to be stored any of the regulated product in excess of the quota through or with an agency shall authorize the agency to issue or cause to be issued to the Commodity Board a warehouse receipt in respect of all of the regulated product in excess of the quota.

  • (5) Every agency that receives any of the regulated product from a grower in excess of a quota issued in respect of that grower which is intended to be marketed for consumption or resale outside British Columbia shall

    • (a) keep separate and clearly identified all of the regulated product in excess of the quota;

    • (b) keep accurate records of all of the regulated product in excess of the quota;

    • (c) deliver or cause to be delivered to the Commodity Board forthwith upon receipt of the regulated product in excess of the quota a warehouse receipt covering the regulated product in excess of the quota; and

    • (d) upon request satisfy the Commodity Board that any regulated product processed, packed, stored or marketed by it in respect of which no warehouse receipt has been delivered and which is not kept separate and clearly identified and recorded pursuant to paragraphs (a) and (b) is not the regulated product of any grower or growers in excess of the quotas in respect of that grower or growers.

  • (6) No agency shall, in respect of any regulated product in excess of any quota issued in respect of any person by the Commodity Board which is intended to be marketed for consumption or resale outside British Columbia,

    • (a) market or cause to be marketed any of the regulated product in excess of any quota without first having obtained a transport order in respect thereof; or

    • (b) process, pack or store any of the regulated product in excess of any quota without first having obtained from the Commodity Board or a duly authorized employee of the Commodity Board or some other individual authorized by the Commodity Board written permission so to do.

  • (7) The Commodity Board may refuse to release any warehouse receipt, issue any transport order or give any permission in respect of any of the regulated product in excess of any quota until, in its opinion, the total or a portion of such regulated product in excess of quota can be marketed without adversely affecting the orderly marketing of the regulated product.

 All the regulated product shall, before sale, be processed, packed and graded by an agency or producer-vendor, unless otherwise permitted by these Orders or exempted by authority of a resolution of the Commodity Board.

Prohibitions

 Except as provided in this Order, or any amendments thereto, the following prohibitions shall apply:

  • (a) no person shall buy, sell or offer for sale the regulated product in combination with any other commodity at a combined price or at prices not applicable to the purchase of the commodities individually;

  • (b) no person shall buy, sell or offer for sale, the regulated product contemporaneously with any gift or sale of any other thing of value;

  • (c) no person shall process, pack, transport, store, buy, sell or offer for sale, the regulated product unless it is in a container approved by the Commodity Board, and such container has printed thereon or upon a tag or label attached thereto the words “Turkey grown in British Columbia”;

  • (d) no person shall transport any of the regulated product unless he has a valid transport order issued by the Commodity Board, and the order is carried in the vehicle in which the regulated product covered by the said order is being transported;

  • (e) no grower shall sell, offer for sale, or deliver the regulated product to any person other than to an agency or to the order of an agency, unless he is specifically authorized to do so by the Commodity Board;

  • (f) no wholesaler shall buy, accept or receive the regulated product from any person other than an agency or a producer-vendor;

  • (g) no wholesaler shall sell or offer for sale the regulated product from any person other than an agency;

  • (h) no peddler shall buy, accept or receive the regulated product from any person other than a licensed wholesaler, grower or producer-vendor, or an agency authorized by the Commodity Board;

  • (i) no retailer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler or any agency authorized by the Commodity Board;

  • (j) no caterer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler, retailer, peddler or an agency authorized by the Commodity Board;

  • (k) a producer-vendor shall have all the rights and privileges of a wholesaler, peddler or an agency authorized by the Commodity Board in paragraphs (f) to (j);

  • (l) no processor shall buy, accept, or receive the regulated product from any person other than a licensed grower or an agency authorized by the Commodity Board, but a licensed processor may buy the regulated product from a licensed wholesaler if it has first been processed by a licensed processor;

  • (m) no processor shall sell or offer for sale the regulated product except in a processed or manufactured form;

  • (n) no person shall sell or offer for sale any of the regulated product at any auction or have the same in or about any premise where an auction is taking place or may reasonably be expected to take place, unless specifically authorized by the Commodity Board, and then only in an approved container and marked as specified in paragraph (c), and such regulated product is sold or offered for sale at no less than the minimum price set by the Commodity Board;

  • (o) no person shall remove, alter, mutilate or destroy any label or tag attached to any container, or any container in which there is any regulated product, except the ultimate consumer; for the purpose of clarification, consumer in this case shall be deemed to include caterer; and no person shall re-use or cause or permit to be re-used, by any person for any purpose whatever, any container label, or tag, and no person shall use or re-use or cause or permit to be used or re-used any container originally used or intended to be used by an agency for marketing the regulated product except with written permission of the Commodity Board;

  • (p) no person other than a member or employee of the Commodity Board shall move, destroy, sell or offer for sale, any regulated product on which there has been put a detention tag or seizure tag, or with respect to which a notice of seizure has been given by any member or employee of the Commodity Board, or individual authorized by the Commodity Board to effect such seizure, without the written authority of the Commodity Board;

  • (q) except as otherwise provided, no person shall display the regulated product in public view unless the same is tagged and labelled and in containers authorized by the Commodity Board as specified in paragraph (c);

  • (r) no wholesaler or agency shall sell or offer for sale the regulated product at a price less than the price paid by the wholesaler to an agency for such product or at the current day’s price being charged for the same type and grade of product by the same agency, whichever is the lesser;

  • (s) no wholesaler or processor shall offer for sale, sell or supply the regulated product to any retailer, peddler or other person who has, within the preceding seven days, to the knowledge of the wholesaler or processor, his agents or servants, sold, advertised or offered for sale the regulated product at a price less than the price paid for the regulated product by the wholesaler or processor to an agency, or the current day’s price at the time of sale, advertisement or offer, charged by the same agency for the same type and grade of product, whichever is the lesser;

  • (t) no retailer, peddler or person other than a wholesaler or agency shall sell, advertise or offer for sale, the regulated product at a price less than the purchase price paid by the retailer, peddler or other person for the regulated product or the current day’s price charged for the same type and grade of product by other agencies in the area where such sale, advertisement or offer is made or published, whichever is the lesser;

  • (u) no retailer, peddler, wholesaler, agency or other person shall by use of labels, tags or containers authorized by the Commodity Board, or otherwise in any way mislead or deceive any purchaser as to the contents of any container to which such label or tag is affixed, or on which any printing appears that has been authorized to be used on labels, tags or containers pursuant to this Order.

Application

 The requirement of section 7 and the prohibitions set out in paragraph 8(c) shall not apply to

  • (a) any person transporting the regulated product from a licensed grower to an agency or to the order of the agency;

  • (b) any regulated product that has been condemned or otherwise rendered unfit for human consumption when being delivered to any person or place when such regulated product is intended to be used for other than immediate or ultimate human consumption; and

  • (c) any person processing, packing, storing, transporting, buying, selling or offering for sale the regulated product with respect to a transaction that has been exempted from all or any of the orders of the Commodity Board by a specific order exempting the transaction, if provisions of such specific order have been complied with.

 The prohibition set out in paragraph 8(d) shall not apply to a person transporting the regulated product who is able to prove that a transport order specifically covering the regulated product being transported has been issued under the authority of the Commodity Board, its servant or agent, or is in the mail at the times the regulated product is being transported.

 The requirement of section 7 and the prohibitions set out in section 8 shall not apply to

  • (a) a police officer carrying out his duties under a search warrant;

  • (b) an agency acting within the scope of its authority;

  • (c) any transaction of sale and purchase of the regulated product between licensed growers, but no person shall transport the regulated product so sold or purchased without having first obtained a transport order; and

  • (d) the sale or offering for sale by a licensed grower or the purchase from a licensed grower of the regulated product at a roadside stand situated on or not more than 30 yards away from the grower’s farm or at a municipal market if the following conditions have been complied with:

    • (i) the grower has received written authority from the Commodity Board, and

    • (ii) the regulated product to be offered for sale and sold has been transported in the case of offering for sale or sale at a municipal market under the authority of a valid transport order.

Sale Price Fixed

 No grower or agency shall sell or offer for sale the regulated product and no person shall buy the regulated product at a price less than the minimum price fixed by the Commodity Board from time to time for the variety and grade of the regulated product offered for sale, sold or purchased.

Board to Issue Licences, Transport Orders, Etc.

 No individual, firm, partnership or corporation shall issue or use licences, transport orders, containers, tags or labels purporting to be authorized by the Commodity Board or in the same or similar form as that authorized by the Commodity Board, or calculated to mislead any person dealing with the regulated product that have not in fact been issued or approved by the Commodity Board or its duly authorized representatives.

 Licences or transport orders authorized by the Commodity Board shall only be issued by a member or employee of the Commodity Board, or an individual duly authorized so to do, and shall be issued only in the name and on behalf of the Commodity Board, and where such licences or transport orders are required to be signed, they may be signed by any member of the Commodity Board or by any employee of the Commodity Board or any other individual authorized by the Commodity Board for that purpose, to sign the same on behalf of the Commodity Board.

Seizures

  •  (1) Any employee of the Commodity Board, or any individual authorized by resolution of the Commodity Board so to do, may seize any of the regulated product that he believes is being or has been processed, packed, transported, stored or marketed in violation of any order of the Commodity Board.

  • (2) Upon seizing any regulated product, the employee of the Commodity Board or such authorized person shall attach a seizure tag or detention tag on, at or near the location of the regulated product being so seized, or shall deliver a notice of such seizure in writing in such form as may be approved by the Commodity Board, to an adult person in, upon, or about the premises where the same are found, or to any adult person who appears at the time of the seizure to be in charge of any place, premises, motor vehicle or otherwise in which or in, about, or near which such regulated product is found.

  • (3) The owner of any regulated product seized pursuant to this section may, within 10 days after such seizure, apply to the Board, by notice directed to its Secretary, for a hearing to show cause why the regulated product so seized should not be disposed of by the Commodity Board, and upon such notice being received by the Secretary, he shall arrange for a hearing at the convenience of the Commodity Board, and the regulated product so seized shall not be disposed of until such hearing has been completed, and then only in accordance with the order of the Commodity Board; if notice requesting a hearing has been received, as aforesaid, then upon the owner having been heard, or if no notice has been received within the time limit aforesaid, the Commodity Board may dispose of such regulated product as it sees fit by sale or otherwise, or the Commodity Board may, if in its opinion the offence was committed through inadvertence, return the regulated product so seized to the owner or order the same to be sold through an agency for the owner’s account.

  • (4) Any regulated product seized pursuant to this section and ordered by the Commodity Board to be sold, may be sold through an agency, and the agency may charge and collect out of the proceeds of sale the costs of processing, packing, storing and marketing, after having deducted any expenses of the Commodity Board arising out of, or relating to, the seizure and sale of such regulated product, and the balance, if any, may be paid to the person from whom the regulated product was seized.

  • (5) Pursuant to this section, any of the regulated product seized shall be placed in storage, or processed and placed in storage, in such a manner as to prevent any spoilage arising out of such seizure, and the costs of such processing and storage shall be deducted from the proceeds or paid by the owner of such regulated product as the Board may direct.

Containers and Labels

 Where the regulated product is required to be in a container approved by the Commodity Board or any container is required to have attached thereto a tag or label as determined from time to time by order or resolution of the Commodity Board, that container, tag or label shall be deemed to be the only container, tag or label that meets the requirements of this Order.

Exemption by Commodity Board

 Any exemption from this Order of any person or class of persons engaged in the production, processing, packing, storing, transporting or marketing of the regulated product, or any class, variety or grade thereof may, by resolution of the Board be granted, amended or rescinded.

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