3. 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.

• 4. (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.

• 5. (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.

6. 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.

7. 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.