Ontario Greenhouse Vegetable Marketing (Interprovincial and Export) Regulations

C.R.C., c. 208

AGRICULTURAL PRODUCTS MARKETING ACT

Regulations Respecting the Marketing in Interprovincial and Export Trade of Greenhouse Vegetables Produced in Ontario

SHORT TITLE

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

INTERPRETATION

 In these Regulations,

“appointed shipper”

“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”

“Commodity Board” means The Ontario Greenhouse Vegetable Producers’ Marketing Board; (Office de commercialisation)

“greenhouse vegetables”

“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”

“producer” means a person engaged in the production of greenhouse vegetables; (producteur)

“product”

“product” means any quantity of greenhouse vegetables; (produit)

“retailer”

“retailer” means any person who sells or offers to sell a product directly to the consumer and includes the operator of a roadside stand; (détaillant)

“shipper”

“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)

“wholesaler”

“wholesaler” means a person who buys a product through the Commodity Board and who offers for sale or sells the product to a retailer. (grossiste)

APPLICATION

 These Regulations apply only to

  • (a) the marketing of a product in interprovincial and export trade;

  • (b) persons and property situated in the Province of Ontario; and

  • (c) a product produced in the Counties of Essex, Kent and Lambton in the Province of Ontario.

EXEMPTION

 A producer who sells a product directly to a consumer or a consumer who buys a product directly from a producer is, in respect of that product, exempt from these Regulations.

SALE OF PRODUCT

 No person other than

  • (a) a producer who sells or offers for sale a product through the Commodity Board,

  • (b) a wholesaler who buys a product through the Commodity Board for resale, or

  • (c) a producer authorized under a licence issued by the Commodity Board to sell or offer for sale a product

shall sell the product or offer the product for sale.

PURCHASE OF PRODUCT

 No person other than

  • (a) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business, or

  • (b) a retailer who buys a product through the Commodity Board or from a wholesaler for resale in the normal course of his business

shall buy a product.

TRANSPORTATION OF PRODUCT

 No person other than

  • (a) an appointed shipper who ships a product for a producer,

  • (b) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business,

  • (c) a railway company, or

  • (d) a producer authorized to transport a product under a licence issued by the Commodity Board

shall transport a product.

SHIPPING OF PRODUCT

 No person other than

  • (a) an appointed shipper who ships a product for a producer,

  • (b) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business, or

  • (c) a producer authorized to ship a product under a licence issued by the Commodity Board

shall ship a product.

LICENCES TO PRODUCERS

  •  (1) A licence may be issued to a producer by the Commodity Board to sell, transport or ship a product otherwise than through the Commodity Board.

  • (2) A licence issued pursuant to subsection (1) shall expire on December 31st of the year for which the licence is issued.