B.C. Tree Fruit Export Regulations (SOR/81-677)

Short Title

1 These Regulations may be cited as the B.C. Tree Fruit Export Regulations.

Interpretation

2 In these Regulations,

Agency

Agency means B.C. Tree Fruits Limited, a company incorporated under the laws of the Province and having its chief place of business at the City of Kelowna in the Province; (organisme)

Board

Board means the British Columbia Tree Fruit Marketing Board; (Office)

marketing

marketing includes buying, selling, disposing of, offering for sale or other disposition, and the transportation in any manner by any person of the regulated product for marketing; (commercialisation)

person

person includes a body corporate; (personne)

Province

Province means the Province of British Columbia; (province)

regulated product

regulated product means any tree fruit grown within the Province; (produit réglementé)

vehicle

vehicle includes any motor vehicle, wagon, railway car, ship, boat or other thing in which the regulated product can be transported. (véhicule)

Application

3 These Regulations apply to the marketing of the regulated product in export trade and to persons and property situated within the Province.

Agency

• 4 (1) The Agency, having been designated by the Board as the agency through which all regulated products shall be marketed locally within the Province, is hereby authorized as the sole agency through which all regulated products shall be marketed in export trade.

• (2) Notwithstanding subsection (1), the Board may, on application from any person, designate that person as an agent to market any variety, grade, size or quantity of the regulated product in export trade.

• (3) No person other than the Agency or a person designated by the Board under subsection (2) shall market any regulated product in export trade.

Information

5 Every person engaged in producing, packing, transporting, storing or marketing the regulated product in or for the purpose of export trade shall furnish to the Board, upon demand by any member or employee of the Board or any other person authorized by the Board, full and correct information relating to such production, packing, transporting, storing or marketing, and shall, at any reasonable time upon request, permit the Board or any member thereof or any officer or inspector of the Board or any other person authorized by the Board to inspect his books and premises.

Search

6 Every person in charge of any vehicle in which the regulated product could be transported for marketing in export trade shall permit any member or employee

• (a) who is accompanied by a police officer, or

• (b) has a warrant,

to search the vehicle.

Seizure and Disposal

• 7 (1) Any member of the Board, any inspector appointed by the Board and any police constable or any other person designated by the Board is hereby authorized and empowered on behalf of the Board to seize and, subject to the directions of the Board, to dispose of, any regulated product that is marketed in export trade in violation of an order of the Board.

• (2) No person shall, without the authority of the Board, transport, market, move or interfere with any regulated product that has been seized pursuant to subsection (1) while that product remains under seizure.

Transportation

• 8 (1) No person, except the Agency or a person acting under its authority, shall transport or cause to be transported any grade, quality or class of the regulated product, or offer or accept any grade, quality or class of the regulated product for transportation in export trade.

• (2) Subsection (1) does not apply to

  • (a) any person designated by the Board; and

  • (b) any person transporting the regulated product under the direction or with the permission of the Board.