Ontario Asparagus Marketing (Interprovincial and Export) Regulations (SOR/80-176)

Short Title

1 These Regulations may be cited as the Ontario Asparagus Marketing (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations,

Act

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

asparagus

asparagus means asparagus produced in Ontario that is used by a processor for processing; (asperges)

Commodity Board

Commodity Board means The Ontario Asparagus Growers’ Marketing Board, established pursuant to the Act; (Office de commercialisation)

processing

processing includes canning, dehydrating, drying, freezing or processing with sugar or sulphur dioxide or any other chemical; (transformation)

producer

producer means a person who, on the first day of May in any year,

• (a) is the beneficial owner of property on which asparagus is growing, or

• (b) is the tenant of property on which asparagus is growing. (producteur)

Application

3 These Regulations apply only to the marketing of asparagus in interprovincial and export trade and to persons and property situated within the Province of Ontario.

Exemption

4 These Regulations do not apply to a producer

• (a) where the property on which asparagus is growing is less than one-half acre; or

• (b) in respect of any asparagus that has been planted on that producer’s property for less than two years.

Purchase and Sale

• 5 (1) Every producer shall sell or offer to sell the asparagus produced by him through the Commodity Board.

• (2) No person shall buy asparagus except through the Commodity Board.

Transportation and Packing

• 6 (1) No person shall transport asparagus from a producer to any place other than to a receiving station designated by the Commodity Board.

• (2) No person shall assemble asparagus at any place other than at a receiving station designated by the Commodity Board.

• (3) No person shall buy asparagus that has not been transported to a receiving station designated by the Commodity Board.

• (4) No person shall sell asparagus that has not been transported to a receiving station designated by the Commodity Board.

• (5) No person shall process, pack or package any asparagus that has not been purchased through the Commodity Board.

Contracts

7 All asparagus shall be bought and sold on the terms of a contract in writing between the Commodity Board and the purchaser of the asparagus and the contract shall be in the form set out in the schedule.

Pool

• 8 (1) The Commodity Board shall, for the purpose of distributing the proceeds from sales by it of asparagus delivered to it by producers pursuant to these Regulations, conduct one pool.

• (2) The Commodity Board shall distribute the proceeds of the sales in the pool referred to in subsection (1), after deducting therefrom all the necessary and proper disbursements and expenses, in such a manner that each producer receives his share of the total proceeds in the pool in proportion to the quantity and taking into account the class, grade and size of asparagus delivered by him to the Commodity Board.