Ontario Greenhouse Vegetable Handling (Interprovincial and Export) Regulations

C.R.C., c. 212

AGRICULTURAL PRODUCTS MARKETING ACT

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

Short Title

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

Interpretation

 In these Regulations,

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)

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 a shipper,

  • (b) a railway company, or

  • (c) a person who transports the product by motor vehicle as agent of the producer. (expéditeur)

Application

 These Regulations apply only to the marketing of a product in interprovincial and export trade and to persons and property situated in the Province of Ontario.

Handling

  •  (1) No producer shall deliver to a shipper a product that does not comply with the grades established by the Canada Agricultural Products Standards Act.

  • (2) No shipper shall accept delivery of a product that does not comply with the grades established by the Canada Agricultural Products Standards Act.

  • (3) Every person packing a product shall mark all containers as required by the Farm Products Grades and Sales Act of Ontario and the regulations made thereunder.

 Every shipper shall be responsible for making an inspection of a product received by him to insure that the product complies with the provisions of section 4.

Cooling

  •  (1) Every shipper shall cool a product received by him and not shipped on the day of receipt to a temperature between 13 and 18 degrees Celsius within 12 hours of receipt of the product.

  • (2) Every shipper shipping a product in a railway car shall load the product in accordance with the loading and refrigeration instructions recommended by the railway company and required for the safe arrival of the product at its destination.

  • (3) Every shipper transporting or shipping a product by means of a motor vehicle to a destination beyond a radius of 100 miles shall keep such product at a temperature between 13 and 18 degrees Celsius until the safe arrival of the product at its destination.

Shipping

 Every shipper shall ship each variety of a product received by him in the order in which the variety is received.

Delivery

  •  (1) Every shipper shall, upon the written direction of the Commodity Board, deliver to any other shipper designated in that direction such quantity of the product in his possession at the time he receives the direction as is specified in the direction.

  • (2) Where a product is delivered by a shipper to another shipper pursuant to the direction set out in subsection (1), the shipper’s remuneration shall be divided between the shipper who delivered the product and the shipper who received the product as determined by the Commodity Board.

Inspection

 The platform and storage facilities of every shipper and the records of every shipment of a product shall be available for inspection by authorized representatives of the Commodity Board during normal business hours.

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