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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