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.

 
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