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.

 
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