36.1 During periods when United States import requirements are based on a domestic marketing order as provided under section 8(e) of the United States Agricultural Marketing Agreement Act of 1937, produce of a grade or quality inferior to that permitted under the marketing order shall not be imported.

36.2 During periods when the movement of produce within an area of the United States is governed by a marketing order not affecting United States import requirements, produce of a grade or quality inferior to that permitted under the marketing order shall not be imported from that area.

• 37. (1) Sections 34 to 36.2 do not apply in respect of shipments of produce imported from the United States onto the Akwesasne Reserve for use by an individual who is a permanent resident of the Akwesasne Reserve.

• (2) Subsection (1) does not apply in respect of produce that is shipped to Canada from another country through the United States if the shipment is bonded.

38. and 38.1 [Repealed, SOR/94-510, s. 17]

38.2 and 39. [Repealed, SOR/92-618, s. 17]

39.1 [Repealed, SOR/90-447, s. 2]

• 40. (1) If a person wishes to have produce inspected for the purpose of compliance with the requirements of Part III or for the purpose of exporting onions, potatoes or field tomatoes to the United States or Puerto Rico, the person’s request for an inspection shall be made in writing in a form provided by the Agency.

• (2) If a person wishes to have produce inspected for the purposes of export or interprovincial trade, other than a purpose referred to in subsection (1), the person’s request for an inspection shall be made in writing in a form provided by the Agency and shall be performed if an inspector is available in the area.

• (3) The request for an inspection shall be made

  • (a) to an inspector at least 24 hours before the inspection, if there is an inspector in the area; or

  • (b) at the nearest inspection office at least 48 hours before the inspection, if there is no inspector in the area.

• (4) The person who requests the inspection shall make readily accessible for inspection all produce from which samples can be taken by the inspector in carrying out the inspection.