P.E.I. Vegetable Seizure (Interprovincial and Export) Regulations (C.R.C., c. 239)

Short Title

1 These Regulations may be cited as the P.E.I. Vegetable Seizure (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations,

Agency

Agency means the Prince Edward Island Vegetable Growers Cooperative Association and includes any sub-agents thereof; (Agence)

Commodity Board

Commodity Board means the Prince Edward Island Vegetable Commodity Marketing Board; (Office de commercialisation)

container

container means any bag, box or other receptacle in which vegetable is or can be packed, transported or marketed; (contenant)

person

person means any individual, firm, partnership, association or corporation that grows or markets vegetable and includes any servants or agents thereof; (personne)

vegetable

vegetable means any turnip produced in the Province of Prince Edward Island. (légumes)

Application

3 These Regulations apply only to vegetable when marketed in interprovincial and export trade and to persons and property situated in the Province of Prince Edward Island.

Stopping Vehicles

• 4 (1) Where it appears to a member or an authorized representative of the Commodity Board or a police constable that a vehicle is transporting vegetable in violation of any regulation or order of the Commodity Board, he may order the person in control of the vehicle to stop the vehicle.

• (2) Where an order is given pursuant to subsection (1), the person in control of the vehicle shall forthwith stop the vehicle and permit it to be searched by the person who gave the order.

Seizure

5 Where, in the opinion of any member or authorized representative of the Commodity Board, any vegetable is being or has been marketed in violation of any regulation or order of the Commodity Board, he may seize the vegetable and container and remove them from the motor vehicle or the premises in which they were seized and deliver them to the Commodity Board.

Detention

• 6 (1) Any vegetable that is seized pursuant to section 5 may be detained by

  • (a) attaching a detention tag on the premises where the vegetable was seized; or

  • (b) delivering a notice in writing of the seizure to any person who appears to be in control of the motor vehicle or in charge of the premises in which the vegetable was seized.

• (2) No person other than a member or an authorized representative of the Commodity Board shall, without written authority from the Commodity Board, move, destroy, sell or offer for sale any vegetable in respect of which a detention tag has been attached or a notice of detention has been given pursuant to subsection (1).

Hearing

• 7 (1) Any vegetable that is seized pursuant to section 5 may be disposed of by the Commodity Board after the expiration of 10 days from the day of seizure unless before that time the owner of the vegetable or the person from whom it was seized applies in writing to the Commodity Board for a hearing to show cause why the vegetable should not be disposed of.

• (2) Where, at the conclusion of the hearing referred to in subsection (1), the Commodity Board determines that the vegetable seized was not marketed in violation of these Regulations or, if so marketed was marketed inadvertently, the Commodity Board may return the vegetable to its owner or the person from whom it was seized or market it through the Agency on behalf of the owner.

• (3) Where, at the conclusion of the hearing referred to in subsection (1), the Commodity Board determines that the vegetable seized was being marketed in violation of these Regulations, the Commodity Board may dispose of the vegetable in the manner described in section 8.

Disposal

8 Where any vegetable is seized pursuant to section 5, the Commodity Board may order it to be sold through the Agency on behalf of the owner and the Agency may deduct from the proceeds of sale an amount, for the handling and marketing of the vegetable, equal to $1 per 100 pounds plus the cost of grading, washing and cartage and any expenses of the Commodity Board arising out of or relating to the seizure and sale of the vegetable, and the balance, if any, shall be paid by the Agency to the owner or the person from whom the vegetable was seized.

Appeal

9 Any person aggrieved by any act or decision of a member or authorized representative of the Commodity Board or the Agency may appeal to the Commodity Board and, if not satisfied with the decision of the Commodity Board, may appeal to the Prince Edward Island Marketing Board.