Ontario Asparagus Marketing (Interprovincial and Export) Regulations

SOR/80-176

AGRICULTURAL PRODUCTS MARKETING ACT

Registration 1980-03-12

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

The Ontario Asparagus Growers’ Marketing Board, pursuant to section 3 of the Ontario Asparagus Growers’ Marketing-for-Processing OrderFootnote *, hereby makes the annexed Regulations respecting the marketing in interprovincial and export trade of asparagus produced in Ontario.

Dated at London, Ontario, this 7th day of March, 1980

Short Title

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

Interpretation

 In these Regulations,

Act

Act means The Farm Products Marketing Act (Ontario); (Loi)

asparagus

asparagus means asparagus produced in Ontario that is used by a processor for processing; (asperges)

Commodity Board

Commodity Board means The Ontario Asparagus Growers’ Marketing Board, established pursuant to the Act; (Office de commercialisation)

processing

processing includes canning, dehydrating, drying, freezing or processing with sugar or sulphur dioxide or any other chemical; (transformation)

producer

producer means a person who, on the first day of May in any year,

  • (a) is the beneficial owner of property on which asparagus is growing, or

  • (b) is the tenant of property on which asparagus is growing. (producteur)

Application

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

Exemption

 These Regulations do not apply to a producer

  • (a) where the property on which asparagus is growing is less than one-half acre; or

  • (b) in respect of any asparagus that has been planted on that producer’s property for less than two years.

Purchase and Sale

  •  (1) Every producer shall sell or offer to sell the asparagus produced by him through the Commodity Board.

  • (2) No person shall buy asparagus except through the Commodity Board.

Transportation and Packing

  •  (1) No person shall transport asparagus from a producer to any place other than to a receiving station designated by the Commodity Board.

  • (2) No person shall assemble asparagus at any place other than at a receiving station designated by the Commodity Board.

  • (3) No person shall buy asparagus that has not been transported to a receiving station designated by the Commodity Board.

  • (4) No person shall sell asparagus that has not been transported to a receiving station designated by the Commodity Board.

  • (5) No person shall process, pack or package any asparagus that has not been purchased through the Commodity Board.

Contracts

 All asparagus shall be bought and sold on the terms of a contract in writing between the Commodity Board and the purchaser of the asparagus and the contract shall be in the form set out in the schedule.

Pool

  •  (1) The Commodity Board shall, for the purpose of distributing the proceeds from sales by it of asparagus delivered to it by producers pursuant to these Regulations, conduct one pool.

  • (2) The Commodity Board shall distribute the proceeds of the sales in the pool referred to in subsection (1), after deducting therefrom all the necessary and proper disbursements and expenses, in such a manner that each producer receives his share of the total proceeds in the pool in proportion to the quantity and taking into account the class, grade and size of asparagus delivered by him to the Commodity Board.

SCHEDULE(Section 7)

THIS AGREEMENT made this day of , 19.

BETWEEN:

(Hereinafter called the purchaser)

— and —

THE ONTARIO ASPARAGUS GROWERS’ MARKETING BOARD

(Hereinafter called the Commodity Board)

WITNESSETH as follows:

  • 1 The purchaser agrees to purchase through the Commodity Board and the Commodity Board as the marketing agency for asparagus agrees to sell the purchaser approximately pounds of asparagus of the following grades:

    Approximately pounds No. 1

    Approximately pounds No. 2

  • 2 In addition to the above stated poundage of No. 1 grade asparagus, the purchaser agrees, if and when requested by the Commodity Board, to purchase and take delivery of a poundage of No. 2 grade asparagus up to 10 per cent of the above-stated poundage of No. 1 grade asparagus.

  • 3 The purchaser agrees to accept deliveries of asparagus at the Commodity Board’s receiving station upon reasonable notice to the purchaser that the asparagus is ready for delivery.

  • 4 The purchaser and the Commodity Board agree that the grades respecting asparagus for processing established under The Farm Products Grades and Sales Act (Ontario) shall apply to this Agreement and be binding upon the purchaser and the Commodity Board.

  • 5 In the case of a dispute as to the grade of the asparagus, the decision of a fruit and vegetable inspector appointed under The Farm Products Grades and Sales Act (Ontario) shall be accepted.

  • 6 The purchaser shall pay the local board at its office, 504 Newbold Street, London, Ontario, the purchase price of asparagus purchased by him as follows:

    • (a) for asparagus delivered to the purchaser to and including the 26th day of May of any year to be paid for by the purchaser on or before the 8th day of June of that year;

    • (b) for asparagus delivered to the purchaser after the 26th day of May to and including the 9th day of June of any year to be paid for by the purchaser on or before the 22nd day of June of that year; and

    • (c) for asparagus delivered to the purchaser after the 9th day of June of any year to be paid for by the purchaser on or before the 13th day of July of that year.

  • 7 The Commodity Board or the purchaser shall be excused for non-fulfilment of this agreement caused by fire, flood, earthquake, wind, hail, acts of God, invasion, order of a civil or of military authorities, lack of transportation facilities or other causes beyond the control of either party to the extent that the fulfilment of the agreement has been hindered or prevented by such cause or causes.

WitnessProcessor

THE ONTARIO ASPARAGUS GROWERS’ MARKETING BOARD

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