British Columbia Mushroom Marketing (Interprovincial and Export) Regulations

SOR/80-647

AGRICULTURAL PRODUCTS MARKETING ACT

Registration 1980-08-11

Regulations Respecting the Marketing in Interprovincial and Export Trade of Mushrooms Produced in British Columbia

The British Columbia Mushroom Marketing Board, pursuant to section 3 of the British Columbia Mushroom Order made by Order in Council P.C. 1978-1544 of 11th May, 1978Footnote *, hereby makes the annexed Regulations respecting the marketing in interprovincial and export trade of mushrooms produced in British Columbia.

Dated at Langley, British Columbia, this 6th day of August, 1980

Short Title

 These Regulations may be cited as the British Columbia Mushroom Marketing (Interprovincial and Export) Regulations.

Interpretation

 In these Regulations,

Act

Act means the Natural Products Marketing (British Columbia) Act; (Loi)

Agency

Agency means Fraser Valley Mushroom Growers’ Co-operative Association; (Agence)

Board

Board means the British Columbia Mushroom Marketing Board established pursuant to the Act; (Office)

caterer

caterer means any person who uses the regulated product on his premises in serving food to the public; (traiteur)

grower

grower means any person who produces the regulated product to which the scheme applies; (producteur)

licence

licence means a licence referred to in section 10 or 11; (permis)

marketing

marketing, in respect of the regulated product, means buying, offering for sale, selling, shipping for sale or storage and includes its transportation; (placement)

peddler

peddler means any person who sells or offers for sale the regulated product on the street or on premises other than a fixed commercial establishment operated by him; (vendeur itinérant)

person

person means any individual, corporation, firm or partnership and includes the servants, agents and employees of any individual, corporation, firm or partnership; (personne)

processor

processor means any person who cans, freezes, preserves, dehydrates or changes the nature of the regulated product by mechanical means or otherwise and markets the regulated product so canned, frozen, preserved, dehydrated or changed; (transformateur)

regulated product

regulated product means mushrooms grown in the Province of British Columbia; (produit réglementé)

retailer

retailer means any person who sells or offers for sale the regulated product direct to consumers from a fixed commercial establishment operated by that person but does not include a licensed grower who sells or offers for sale the regulated product

  • (a) directly to consumers,

  • (b) to a caterer, or

  • (c) to a processor

if the regulated product is produced by that grower and is sold or offered for sale by the grower at a mushroom plant owned by him or on the property on which the mushroom plant is situated; (détaillant)

scheme

scheme means the British Columbia Mushroom Scheme established under the Act; (plan)

transport order

transport order means an order, issued and signed by the Board, in a form approved by the Board, that authorizes the moving or transporting of the regulated product from one place to another place; (autorisation de transport)

trucker

trucker means any person, other than a grower who uses a truck owned by him to haul the regulated product produced by him, who, in respect of a vehicle, holds or is required by law to hold a public or limited freight licence issued by the Public Utilities Commission of the Province of British Columbia; (camionneur)

warehouseman

warehouseman means any person, other than the Agency, who stores the regulated product for another person; (entreposeur)

wholesaler

wholesaler means any person, other than the Agency, who sells or offers for sale a regulated product to any retailer, peddler, caterer, processor or wholesaler or otherwise than directly to the consumer. (grossiste)

Application

 These Regulations apply only to the marketing of the regulated product in interprovincial and export trade and to persons and property situated within the Province of British Columbia.

Agency

  •  (1) The Agency is hereby designated as the Agency through which the regulated product shall be packed, stored and marketed in accordance with these Regulations.

  • (2) Subject to subsections (3) and (4), the Agency shall receive, pack, store and market all regulated products delivered to the Agency in accordance with orders issued by the Board under the Act.

  • (3) The Agency shall not receive, pack, store or market a regulated product grown by a grower who is not the holder of a Grower’s Licence referred to in section 10.

  • (4) The Agency may refuse to accept, pack, store or market a regulated product delivered to it by a grower where,

    • (a) in the opinion of the Agency, the regulated product is not of marketable quality; or

    • (b) in respect of the regulated product, any provision of these Regulations or any order made by the Board under the Act is contravened by the grower.

  • (5) The Agency is authorized to conduct a pool or pools for the distribution of all proceeds received from the sale of the regulated product through it for such period or periods of time and covering such of the regulated product or types or grades thereof as it sees fit and, subject to approval by resolution of the Board before distribution thereof, shall distribute the proceeds of sale for each pool, after deducting necessary and proper disbursements, expenses and charges, in such manner that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of the regulated product delivered by that person to the Agency and shall make payments in respect thereof until the total net proceeds are distributed.

  • (6) The Agency may establish an office or warehouse at any place approved by the Board and shall establish offices or warehouses at such places as the Board may direct.

Charges by the Agency

  •  (1) The Agency is authorized to collect from each grower such charges as are approved by the Board in respect of the packing, grading, regrading, storing, washing, handling, transporting or marketing of the regulated product of that grower by the Agency.

  • (2) Where, pursuant to paragraph 4(4)(a), the Agency refuses to accept, pack, store or market a regulated product, the Agency may make and collect such charges as are approved by the Board for services rendered by the Agency in respect of any handling or regrading of the regulated product.

Disposal of Regulated Product

 Where, pursuant to subsection 4(4), the Agency refuses to accept, pack, store or market a regulated product, that product shall only be disposed of in accordance with directions issued by the Board.

Grievance

 Where the Agency has

  • (a) refused to accept, pack, store or market a regulated product pursuant to subsection 4(4), or

  • (b) made charges referred to in subsection 5(2),

the grower may appeal the refusal or the charges, as the case may be, to the Board.

Grading of Regulated Product

 Subject to subsection 4(4), all regulated products delivered to the Board shall, before sale, be graded and packed by the Agency unless exempted under the authority of an order issued by the Board under the Act.

Licences and Registration

 No person, other than the Agency, shall engage in the production, packing, transporting, storing or marketing of the regulated product unless that person has registered with the Board.

 No person shall operate as a caterer, grower, peddler, processor, retailer, warehouseman or wholesaler unless that person applies to and receives from the Board a Caterer’s Licence, Grower’s Licence, Peddler’s Licence, Processor’s Licence, Retailer’s Licence, Warehouser’s Licence or Wholesaler’s Licence, as the case may be, for each premise, building, cellar or pit used by that person in carrying out his operation.

 No trucker shall transport the regulated product unless he applies to and receives from the Board a Trucker’s Licence for each truck operated by him in transporting the regulated product.

 Every licence shall expire on December 31 next following its date of issue.

 The fee payable to the Board in respect of licences are as follows:

  • (a) Caterer’s Licence no fee

  • (b) Grower’s Licence $ 1.00

  • (c) Peddler’s Licence no fee

  • (d) Processor’s Licence $10.00

  • (e) Retailer’s Licence no fee

  • (f) Trucker’s Licence $ 1.00

  • (g) Warehouser’s Licence no fee

  • (h) Wholesaler’s Licence $ 5.00

 
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