2.11 Except as otherwise provided in these Regulations, no person shall market produce in import, export or interprovincial trade unless it meets the requirements of one of the grades established for it in these Regulations.

• 2.2 (1) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the marketing in export trade of any fresh fruit or vegetable.

• (2) The Minister or a delegate of the Minister may exempt from any of the requirements of the Act or these Regulations the marketing in import or interprovincial trade of any fresh fruit or vegetable where the Minister or delegate considers that it is necessary to do so in order to alleviate a shortage in Canada in the available supply from domestic production of the fresh fruit or vegetable or an equivalent fresh fruit or vegetable.

• 2.3 (1) Where any produce, or a container or label thereof, does not meet the requirements of these Regulations, a dealer may apply in writing to the Minister for an exemption from the requirements of these Regulations to test market the produce.

• (2) The Minister may, in writing, authorize the dealer to test market the produce for a period of up to 24 months, where

  • (a) the Minister is satisfied, based on information available to the Minister, that the test market for that produce is valid; and

  • (b) the dealer provides the Minister with evidence that

    • (i) the container to be used is suitable for the produce,

    • (ii) the labelling of the container is not misleading as to the nature, quantity, quality, composition, character, safety, value, variety or origin of the produce, and

    • (iii) the produce meets the requirements of section 3.1.

• 3. (1) The grade names and standards for fresh fruit and vegetables set out in Schedule I are, subject to subsections (1.1), (1.2) and (2), as set out in that Schedule.

• (1.1) Subject to subsection (1.2), the grade names to be applied to fresh fruit and vegetables imported as prepackaged products, or that are packaged or repackaged in Canada for marketing, are as set out in column II of Tables I and II of Schedule I.1.

• (1.2) Produce referred to in subsection (1.1) that is marketed in its original containers and that conforms to a Canadian grade standard set out in column III of an item of Tables I and II of Schedule I.1 may bear the grade name established in the country of origin of the produce, where the grade name represents substantially the same quality as the import grade name set out in column II of that item.

• (1.3) Where imported fresh fruit of a kind set out in column I of an item of Table I of Schedule I.1 is labelled with an import grade name set out in column II of that item, or with an equivalent grade name in accordance with subsection (1.2), the fruit shall meet the Canada grade standard set out in column III of that item.

• (1.4) Where imported fresh vegetables of a kind set out in column I of an item of Table II of Schedule I.1 are labelled with an import grade name set out in column II of that item, or with an equivalent grade name in accordance with subsection (1.2), the vegetables shall meet the Canada grade standard set out in column III of that item.

• (2) Condition defects shall apply against the grade

  • (a) at all times, of any lot of apples, beets, cabbage, carrots, onions, parsnips, pears, potatoes or rutabagas; and

  • (b) of any lot of produce not referred to in paragraph (a), at the time of shipping or repackaging.

• (3) [Repealed, SOR/94-718, s. 2]