2.1 (1) Subject to subsection (2), these Regulations apply in respect of all produce that is marketed in import or interprovincial trade, supplied fresh to the consumer or for food processing.

(2) Subject to Part I.1, subsection (1) does not apply in respect of the following produce:

• (a) white asparagus, pickling cucumbers and cherry tomatoes;

• (a.1) miniature vegetables with the exception of miniature cucumbers;

• (b) beets, carrots and onions, the tops of which are not removed;

• (c) seed potatoes

  • (i) for which a crop certificate is issued pursuant to the Seeds Regulations, or

  • (ii) that are certified in accordance with the United States Standards for Grades of Seed Potatoes of March 6, 1987;

• (c.1) strawberries, unless a grade is used in respect thereof;

• (c.2) produce destined for livestock feeding or for the preparation of animal food in respect of which, in the case of import and interprovincial trade, a certificate or permit attesting to that fact has been issued by the appropriate government authority;

• (d) produce that is part of an emigrant’s or an immigrant’s effects;

• (e) produce carried on any vessel, train, motor vehicle, aircraft or other means of transportation for use as food for the crew or passengers thereof;

• (f) shipments of one or more kinds of produce, consisting of not more than 15 containers and weighing, in the aggregate, not more than 250 kg;

• (g) fruit marketed in combination with other kinds of fruit or with other food products in a fruit basket or gift pack where

  • (i) the container is clearly labelled with the designation “Gift Pack”,

  • (ii) no one kind of fruit in the combination exceeds 1 kg net weight, and

  • (iii) the net weight of the contents of the container does not exceed 10 kg;

• (h) vegetables marketed in combination with other kinds of vegetables, where

  • (i) the container is clearly labelled with the designation “Stew-pack” or “Vegetables for Stew”,

  • (ii) no one kind of vegetable in the combination exceeds 1 kg net weight, and

  • (iii) the net weight of the contents of the container does not exceed 10 kg;

• (i) produce that a dealer has been authorized to test market pursuant to subsection 2.3(2); and

• (j) produce donated to any organization that is a registered charity under the Income Tax Act or is a non-profit organization within the meaning of that Act.

(3) Paragraphs (2)(d) to (g), (i) and (j) do not apply in respect of blueberries packed in containers having a volume capacity of 6 L or less that are

• (a) conveyed from the province of Nova Scotia, New Brunswick or Prince Edward Island; or

• (b) imported from an area of the United States consisting of all states east of and including the states of North Dakota, South Dakota, Nebraska, Kansas, Oklahoma and Texas that is designated as an area infested with the blueberry maggot.