Licensing and Arbitration Regulations

PART IQuality Standards

• 1 The quality standards for an agricultural product set out in column I of an item of the following table shall be the standards reflected in column II of that item.

  	Column I	Column II
  		PROVINCE OF USE
  Item	Product	BC	ALTA	SASK	MAN	ONT	QUE	NB	NS	PEI	NFLD
  1	Anise, Sweet	AFootnote for *	A	A	A	A	A	A	A	A	A
  2	Apples	CFootnote for **	C	C	C	C	C	C	C	C	C
  3	Apricots	C	C	C	C	C	C	C	C	C	C
  4	Artichokes, Globe	A	A	A	A	A	A	A	A	A	A
  5	Asparagus	C	C	C	C	C	C	C	C	C	C
  6	Avocados, Florida	A	A	A	A	A	A	A	A	A	A
  7	Beans, Lima	A	A	A	A	A	A	A	A	A	A
  8	Beans, Snap	A	A	A	A	A	A	A	A	A	A
  9	Beets	C	C	C	C	C	C	C	C	C	C
  10	Blueberries	C	C	C	C	C	C	C	C	C	C
  11	Broccoli, Bunched Italian Sprouting	A	A	A	A	A	A	A	A	A	A
  12	Brussels Sprouts	C	C	C	C	C	C	C	C	C	C
  13	Cabbage	C	C	C	C	C	C	C	C	C	C
  14	Cantaloupes	C	C	C	C	C	C	C	C	C	C
  15	Carrots, Bunched	A	A	A	A	A	A	A	A	A	A
  16	Carrots, Topped	C	C	C	C	C	C	C	C	C	C
  17	Cauliflower	C	C	C	C	C	C	C	C	C	C
  18	Celery	C	C	C	C	C	C	C	C	C	C
  19	Cherries	C	C	C	C	C	C	C	C	C	C
  20	Corn, Sweet	C	C	C	C	C	C	C	C	C	C
  21	Crabapples	C	C	C	C	C	C	C	C	C	C
  22	Cranberries	C	C	C	C	C	C	C	C	C	C
  23	Cucumbers, Field	C	C	C	C	C	C	C	C	C	C
  24	Cucumbers, Greenhouse	C	C	C	C	C	C	C	C	C	C
  25	Dewberries and Blackberries	A	A	A	A	A	A	A	A	A	A
  26	Eggplant	A	A	A	A	A	A	A	A	A	A
  27	Endive, Escarole or Chicory	A	A	A	A	A	A	A	A	A	A
  28	Garlic	A	A	A	A	A	A	A	A	A	A
  29	Grapefruit (California and Arizona)	A	A	A	A	A	A	A	A	A	A
  30	Grapefruit (Florida)	A	A	A	A	A	A	A	A	A	A
  31	Grapefruit (Texas and States other than Florida, California and Arizona)	A	A	A	A	A	A	A	A	A	A
  32	Grapes	C	C	C	C	C	C	C	C	C	C
  33	Greens, Beet	A	A	A	A	A	A	A	A	A	A
  34	Greens, Collard or Broccoli	A	A	A	A	A	A	A	A	A	A
  35	Greens, Dandelion	A	A	A	A	A	A	A	A	A	A
  36	Greens, Mustard and Turnip	A	A	A	A	A	A	A	A	A	A
  37	Honey Dew and Honey Ball Type Melons	A	A	A	A	A	A	A	A	A	A
  38	Horseradish Roots	A	A	A	A	A	A	A	A	A	A
  39	Kale	A	A	A	A	A	A	A	A	A	A
  40	Kiwifruit	A	A	A	A	A	A	A	A	A	A
  41	Lemons	A	A	A	A	A	A	A	A	A	A
  42	Lettuce, Head Greenhouse Leaf	A	A	A	A	A	A	A	A	A	A
  43	Lettuce, Head (Iceberg Type)	C	C	C	C	C	C	C	C	C	C
  44	Limes, Persian (Tahiti)	A	A	A	A	A	A	A	A	A	A
  45	Mushrooms	A	A	A	A	A	A	A	A	A	A
  46	Nectarines	A	A	A	A	A	A	A	A	A	A
  47	Okra	A	A	A	A	A	A	A	A	A	A
  48	Onions	C	C	C	C	C	C	C	C	C	C
  49	Onions, Common Green	A	A	A	A	A	A	A	A	A	A
  50	Oranges (California and Arizona)	A	A	A	A	A	A	A	A	A	A
  51	Oranges and Tangelos (Florida)	A	A	A	A	A	A	A	A	A	A
  52	Oranges (Texas and States other than Florida, California and Arizona)	A	A	A	A	A	A	A	A	A	A
  53	Parsley	A	A	A	A	A	A	A	A	A	A
  54	Parsnips	C	C	C	C	C	C	C	C	C	C
  55	Peaches	C	C	C	C	C	C	C	C	C	C
  56	Pears	C	C	C	C	C	C	C	C	C	C
  57	Peas, Fresh	A	A	A	A	A	A	A	A	A	A
  58	Peas, Sothern	A	A	A	A	A	A	A	A	A	A
  59	Peppers, Sweet
  	(a) imported	A	A	A	A	A	A	A	A	A	A
  	(b) exported	A	A	A	A	OFootnote for ***	A	A	A	A	A
  60	Pineapples	A	A	A	A	A	A	A	A	A	A
  61	Plums & Prunes	C	C	C	C	C	C	C	C	C	C
  62	Potatoes	C	C	C	C	C	C	C	C	C	C
  63	Radishes	A	A	A	A	A	A	A	A	A	A
  64	Raspberries
  	(a) imported	A	A	A	A	A	A	A	A	A	A
  	(b) exported	A	A	A	A	O	A	A	A	A	A
  65	Rhubarb, Field	C	C	C	C	C	C	C	C	C	C
  66	Rhubarb, Forced					O
  67	Romaine	A	A	A	A	A	A	A	A	A	A
  68	Rutabagas	C	C	C	C	C	C	C	C	C	C
  69	Shallots, Bunched	A	A	A	A	A	A	A	A	A	A
  70	Spinach Leaves (Fresh)	A	A	A	A	A	A	A	A	A	A
  71	Squash, Fall and Winter Type	A	A	A	A	A	A	A	A	A	A
  72	Squash, Summer	A	A	A	A	A	A	A	A	A	A
  73	Strawberries	C	C	C	C	C	C	C	C	C	C
  74	Sweet Potatoes	A	A	A	A	A	A	A	A	A	A
  75	Tangerines	A	A	A	A	A	A	A	A	A	A
  76	Tangerines (Florida)	A	A	A	A	A	A	A	A	A	A
  77	Tomatoes, Field	C	C	C	C	C	C	C	C	C	C
  78	Tomatoes, Greenhouse	C	C	C	C	C	C	C	C	C	C
  79	Watermelons	A	A	A	A	A	A	A	A	A	A

  • Return to footnote ^*A — Code of Federal Regulations; Title 7 — Agriculture; Chapter 1, Agricultural Marketing Service, Part 51

  • Return to footnote ^**C — Fresh Fruit and Vegetable Regulations, Schedule I

  • Return to footnote ^***O — Regulations made under the Farm Products Grades and Sales Act; Part VII-O. Reg. 788/80 (Ontario)

PART IIStandards Respecting the Preservation of the Condition of an Agricultural Product

• 1 Where an agricultural product is in a damaged or deteriorated condition on arrival at its destination, the licensed dealer at that destination shall obtain certificates or a notice of dumping or other disposition in respect of that agricultural product in accordance with the procedures set out in sections 2 to 4.

• 2 Where a licensed dealer has

  • (a) purchased an agricultural product that is damaged or in a deteriorated condition, or

  • (b) offered to handle an agricultural product on consignment that is damaged or in a deteriorated condition,

  he shall

  • (c) within 24 hours, exclusive of Sundays and holidays, after receipt of notice of arrival of the agricultural product advise the seller of the agricultural product by wire or the seller’s local representative in writing that he rejects the agricultural product,

  • (d) within 24 hours, exclusive of Sundays and holidays, after receipt of notice of arrival of the agricultural product request an inspection and, within three hours after receipt of an oral or a written report of the result of the inspection, the licensed dealer shall advise the seller of the product or the seller’s local representative in writing that the licensed dealer rejects the agricultural product,

  • (e) within 24 hours or the receipt by him of a certificate in respect of the inspection forward a copy thereof to the shipper of the agricultural product,

  • (f) where any portion of the shipment is marketable make every reasonable effort to market that product as soon as is practicable in the circumstances,

  • (g) where the licensed dealer has dumped or donated to a charitable organization more than 5% of any lot of agricultural product belonging to another person, forward a notice of dumping or other disposition to that person showing the quantity of the product that was dumped or donated to a charitable organization and retain a copy of that notice, and

  • (h) advise the seller of the agricultural product or his agent before the agricultural product is shipped or while it is in transit that he will not accept the product and give the reason for his failure to accept it,

• • 3 (1) The report referred to in paragraph 2(d) or the certificate referred to in paragraph 2(e) may be issued only by

    • (a) an inspector; or

    • (b) any commercial agency or service that makes inspections for the agricultural products industry and that is agreed upon by the seller and the licensed dealer.

  • (2) A report referred to in paragraph 2(d) and a certificate referred to in paragraph 2(e) shall include the information described under the heading “Inspection Elements” in the Good Inspection Guidelines published by the Fruit and Vegetable Dispute Resolution Corporation (DRC), as amended from time to time.

  • (3) The notice of dumping or other disposition referred to in paragraph 2(g) may be issued only by

    • (a) an inspector;

    • (b) any commercial agency or service that makes inspections for the agricultural products industry and that is agreed upon by the seller and the licensed dealer;

    • (c) any health officer or food inspector of any province, county, parish, city or municipality; or

    • (d) if no person referred to in any of paragraphs (a) to (c) is available, any two persons who

      • (i) have no financial interest in relation to the agricultural product involved or to the business of any person who has a financial interest in the agricultural product,

      • (ii) have no personal interest that could influence, or reasonably appear to influence, the exercise of their duties, and

      • (iii) have been engaged for a period of at least one year immediately before the time of the dumping or other disposition in the preparation of the same kind or class of agricultural product as the agricultural product being dumped or otherwise disposed of.

  • (4) The two persons who issue a notice of dumping or other disposition under paragraph (3)(d) shall, in respect of that notice,

    • (a) include a statement that each of them satisfies the criteria set out in that paragraph;

    • (b) identify the agricultural product by indicating, if applicable,

      • (i) the commodity,

      • (ii) the lot number,

      • (iii) the brand or principal identifying marks on the containers, and

      • (iv) the quantity that was dumped or donated to a charitable organization;

    • (c) identify the place where the agricultural product was dumped or the name and address of the charitable organization to which it was donated;

    • (d) indicate the name and address of the seller;

    • (e) indicate the name and address of the licensed dealer;

    • (f) indicate the name and address of the person by whom it was dumped or donated;

    • (g) indicate the time and date of dumping or donation; and

    • (h) indicate the number on the notice, if any.

• 4 Where the temperature is sufficiently below freezing to make a complete inspection dangerous to an agricultural product, the licensed dealer shall, on receipt of notice of arrival, request that a preliminary inspection of the agricultural product be made as soon as possible to determine whether freezing damage during transit is present and any further inspection may be deferred until the temperature and weather conditions permit the inspection to be made without endangering the agricultural product.

• 5 A licensed dealer referred to in subsection 18(2) of the Regulations shall advise a purchaser or seller, as the case may be, referred to in that subsection of

  • (a) any objection to the agricultural product or the terms of sale if such an agreement exists;

  • (b) any request for an inspection of the agricultural product; and

  • (c) the results of any inspection that has been made of the agricultural product.

• 6 At time of the leading of a package that contains an agricultural product the package shall be placed in such a manner as to

  • (a) take advantage of its design strength;

  • (b) permit adequate bracing to hold the load in alignment under normal transportation service and conditions; and

  • (c) provide for sufficient air circulation around the load when temperature control or ventilation is required.

• 7 An agricultural product shall be precooled, gassed, iced or otherwise prepared by any other prescribed process for the maintenance of suitable product condition under normal transportation service and conditions to the destination specified.

• 8 The air and surface temperatures inside the vehicle at the time of loading and shipment shall be within a range appropriate for the agricultural product being shipped.

• 9 When different agricultural products are shipped together, they shall be suitably compatible so that there will be no adverse effects on any one of them during normal transportation service and conditions.

• 10 At the time of loading in the case of direct shipments, and at the time of sale in all other cases, an agricultural product shall be in a condition so that it will arrive at its destination without abnormal deterioration.

• • 11 (1) Subject to subsection (3), no dealer shall, for the purposes of marketing, import or convey from one province to another an agricultural product unless the shipment is accompanied by evidence that the dealer purchased the agricultural product or had an agreement to purchase the product.

  • (2) The evidence referred to in subsection (1) shall be made available to the Minister on the request of the Minister.

  • (3) Subsection (1) does not apply to a dealer who conveys agricultural products from one province to another in a shipment that is subsequent to the shipment of those products to the province of first destination.

  • (3.1) [Repealed, SOR/93-329, s. 2]

  • (4) For the purposes of this section,

    agreement to purchase

    agreement to purchase, in respect of an agricultural product, means an enforceable contractual obligation between the purchaser and the vendor for the purchase and sale of the agricultural product for a predetermined price; (convention d’achat)

    point of production

    point of production[Repealed, SOR/93-329, s. 2]

PART IIIPackaging Standards

• 1 Every package containing an agricultural product shall

  • (a) be of sufficient strength to withstand normal handling and transportation; and

  • (b) provide for adequate ventilation when required.

• 2 Where an agricultural product is packed in a container,

  • (a) the product shall be packed in a manner that is not likely to result in damage to the product or the container during handling or transport;

  • (b) the container shall contain not less than the net quantity of product declared on the label;

  • (c) the container shall not be stained, soiled, warped, broken or otherwise damaged in such a manner as to affect the shipping quality or saleability of the agricultural product; and

  • (d) if the container is a closed container, it shall be securely closed in a manner appropriate for the type of container and the kind of agricultural product.

• 3 [Repealed, SOR/93-329, s. 3]

PART IVStorage Standards

• 1 Storage facilities for an agricultural product shall be

  • (a) suitable to maintain the product in saleable condition; and

  • (b) maintained within a temperature range to maintain the condition of the product in a suitable condition.

PART VTransportation Standards

• 1 An agricultural product shall be

  • (a) transported in a vehicle suitable for that product; and

  • (b) maintained within a recommended temperature range such that under normal transportation and conditions, the product is maintained in a suitable condition.