Ontario Tender Fruit Order (SOR/79-678)

Short Title

1 This Order may be cited as the Ontario Tender Fruit Order.

Interpretation

2 In this Order,

Act

Act means The Farm Products Marketing Act of Ontario; (Loi)

Board

Board means The Farm Products Marketing Board of Ontario, established pursuant to the Act; (Régie)

Commodity Board

Commodity Board means The Ontario Tender Fruit Producers’ Marketing Board, established pursuant to the Act; (Office)

Plan

Plan means any plan for the marketing of tender fruit, established and amended from time to time pursuant to the Act, and any regulations made pursuant to the Act to give effect to any such plan; (Plan)

processing

processing means

• (a) the manufacture of tender fruit products or of juice, beverages, spirits or wine from tender fruit, and

• (b) the canning, bottling, distilling, fermenting, dehydrating, pitting, drying or freezing of tender fruit; (transformation)

tender fruit

tender fruit means peaches, pears, plums, sour cherries and sweet cherries produced in Ontario. (fruits tendres)

Interprovincial and Export Trade

3 The Commodity Board and the Board are each authorized to regulate the marketing of tender fruit in interprovincial and export trade and for such purposes may, with respect to persons and property situated within the Province of Ontario, exercise all or any powers like the powers exercisable by each of them in relation to the marketing of tender fruit locally within the Province under the Act and the Plan.

Levies

4 The Commodity Board may, in relation to the powers granted to it under section 3 with respect to the marketing of tender fruit in interprovincial and export trade,

• (a) fix and impose by order and collect levies or charges on persons situated in the Province of Ontario who are engaged in the production or marketing of tender fruit and for that purpose classify such persons into groups and, by order, fix the levies or charges payable by the members of different groups in different amounts; and

• (b) use the levies or charges for the purposes of the Commodity Board and the Board, including the creation of reserves and payment of expenses and losses resulting from the sale or disposal of tender fruit and the equalization or adjustment among tender fruit producers of moneys realized from the sale of tender fruit during such period or periods of time as the Commodity Board and the Board may determine.