Short Title

1 These Regulations may be cited as the British Columbia Interior Vegetable Marketing Board (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations, unless the context otherwise requires,

Agency

Agency means the Interior Vegetable Marketing Agency, Limited, a company incorporated under the laws of the Province of British Columbia and having its chief place of business at the City of Kelowna in the said Province; (Agence)

area

area means that part of the Province of British Columbia described as follows: COMMENCING at the point where the 49th parallel of north latitude is intersected by the 121st meridian of west longitude; THENCE north along the said 121st meridian to the 50th parallel of north latitude; THENCE west along the said 50th parallel to the 122nd meridian of west longitude; THENCE due north to the northern boundary of Lillooet Electoral District; THENCE easterly and northerly along the said boundary to the northwest corner of Lillooet Electoral District; THENCE due east to the eastern boundary of British Columbia; THENCE southerly along the said boundary to the 49th parallel of north latitude; and THENCE west along the said 49th parallel to the point of commencement; and that part of Lillooet Electoral District not within the foregoing, that part of the Cariboo Electoral District not within the foregoing, and that part of the Yale Electoral District not within the foregoing; (région)

British Columbia Act

British Columbia Act means the Natural Products Marketing (British Columbia) Act, Revised Statutes of British Columbia 1948, Chapter 200, as from time to time amended; (Loi de la Colombie-Britannique)

Commodity Board

Commodity Board means the British Columbia Interior Vegetable Marketing Board; (Office de commercialisation)

Federal Act

Federal Act means the Agricultural Products Marketing Act; (Loi fédérale)

person

person includes any partnership, firm or corporation; (personne)

regulated product

regulated product means vegetables of all kinds, including field tomatoes, peppers, lettuce, field cucumbers, cantaloupes, corn, cabbage, celery, onions, parsnips, squash, pumpkins, citrons, marrow, asparagus, eggplant, peas, beans, potatoes, rhubarb, and all other garden vegetables, and any class, variety, grade or size thereof grown in the area; (produit réglementé)

regulation

regulation means any regulations or other order of the Board passed pursuant to authority derived from the Federal Act; (règlement)

retail dealer

retail dealer means any person with an established retail place of business who deals in regulated products and who offers for sale or sells such regulated products at such place of business to the consumer directly; (détaillant)

standard container

standard container and the equivalent quantity thereof for different regulated products shall be as set out in the schedule; (contenant normalisé)

sub-agent

sub-agent means a sub-agent of the Agency appointed as such by the Agency, but shall not include a wholesaler; (sous-agent)

wholesaler

wholesaler means any person who engages in the business of buying regulated products and of selling those products or any part thereof to any retail dealer while he is under subsisting appointment as a wholesaler by the Agency, but any person who engages in such business solely outside the area shall be deemed to be a wholesaler notwithstanding that he is not under subsisting appointment as such by the Agency. (grossiste)

Application

3 These Regulations shall be limited in their application to regulating the marketing in interprovincial and export trade of any regulated product grown in the area and to persons and property situated within the Province of British Columbia.

Agency

4 The Interior Vegetable Marketing Agency, Limited is hereby designated the sole agency through which all regulated products shall be packed, stored, and/or marketed in interprovincial and export trade, except as may be permitted by this or any other regulation.

5 Except as otherwise permitted by or pursuant to this or any other regulation of the Commodity Board or by the Agency, no person other than the Agency or a sub-agent shall pack, store and/or market any regulated product in interprovincial and export trade.

Information Required by Commodity Board

6 All persons engaged in the producing, packing, storing, transporting, and/or marketing of the regulated product in interprovincial and export trade shall furnish to the Commodity Board or any of its authorized officers or inspectors upon demand full and correct information relating to the producing, packing, storing, transporting or marketing of the regulated product, and shall permit the Commodity Board or any member of the Commodity Board or any person authorized by the Commodity Board to inspect their books and premises at any time upon request.

Seizure and Disposal

7 Any member of the Commodity Board, any inspector appointed by the Commodity Board, any police constable, and any other person authorized in that behalf by the Commodity Board, is hereby authorized and empowered on behalf of the Commodity Board to seize and (subject to any instructions of the Commodity Board) to dispose of any of the regulated product kept, transported, packed, stored, or marketed in violation of any regulation of the Commodity Board.

8 No person shall transport, market, move or interfere with any regulated product that has been seized by or on behalf of the Commodity Board while the product remains under such seizure, without the authority of the Commodity Board.

Search of Vehicle

9 Every person in charge of any vehicle in which the regulated product could be transported in interprovincial and export trade shall permit any member or employee of the Commodity Board or any police constable to search the vehicle.

Transportation

10 No person, other than the Agency or any sub-agent thereof, shall transport any grade, quality or class of any regulated product, or offer or accept any grade, quality or class of any regulated product for transportation, in interprovincial and export trade; but the following shall be exempt from this provision:

• (a) the transportation by or for a retail dealer in the ordinary course of his business as a retail dealer of regulated products lawfully purchased or acquired by him;

• (b) the transportation by or for a consumer of regulated products lawfully purchased or acquired by him for his own consumption or for consumption in his business;

• (c) the transportation by or for a wholesaler of regulated products lawfully purchased by him;

• (d) the transportation or shipment by automobile, truck, railway freight or express, or otherwise, by any person in any one day of not more than 20 standard containers or the equivalent quantities of regulated products lawfully acquired by him of which not more than three standard containers or the equivalent quantity may be of any one regulated product, except that in the case of tomatoes only, this may be increased to 10 standard containers or the equivalent quantity; notwithstanding the foregoing, not more than 20 standard containers or the equivalent quantity of regulated products shall be so transported or shipped by any person pursuant to this exemption in any one calendar year; and

• (e) any person, or any regulated product, or class, variety, grade or quantity thereof, exempted therefrom by any order or direction of the Commodity Board or a permit signed by a member or agent of the Commodity Board.

Exemptions

11 Regulated products lawfully purchased from or through the Agency shall be exempt from the provisions of these Regulations, except where otherwise specified.

Sale and Purchase

• 12 (1) No producer shall sell any regulated product in interprovincial and export trade except at the prices (if any) set by the Commodity Board from time to time, but the Commodity Board may grant such exemptions as it may at any time deem expedient.

• (2) No producer shall sell, and the Agency or any sub-agent thereof or a canner shall not purchase, in interprovincial and export trade, any regulated product for any processing purpose where no price therefor has been set by the Commodity Board covering such sale and purchase, except after authorization in writing from the Board for such sale and purchase.

Transportation to Cannery

13 No person, other than the Agency or any sub-agent thereof, shall transport or directly or indirectly cause or allow to be transported, in interprovincial and export trade, any regulated product to any cannery unless such regulated product is covered by a contract in writing made between the person growing that regulated product and the person who, at the time of such transportation, is actually operating the cannery to which it is being transported, and the contract is in a form approved for such purpose by the Commodity Board, and no person shall accept delivery of any regulated product transported in contravention of this section.

SCHEDULE(Section 2)

Product	Standard Container	Equivalent Quantity
Potatoes	100 pound sack	100 pounds
Other root vegetables not specified	50 pound sack	50 pounds
Cucumbers	20 pound box	20 pounds
Tomatoes	30 pound lug	30 pounds
Peppers	15 pound box	15 pounds
Celery	50 pound case	50 pounds
Lettuce	60 pound case	60 pounds
Silverskin Onions	25 pound bag	25 pounds