SOR/89-19198812

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20196

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AGRICULTURAL PRODUCTS MARKETING ACTManitoba Vegetable Marketing (Interprovincial and Export) OrderOrder Respecting the Marketing in Interprovincial and Export Trade of Vegetables Produced in ManitobaThe Manitoba Vegetable Producers’ Marketing Board, pursuant to section 3 of the Manitoba Vegetable Order, made by Order in Council P.C. 1985-1887 of June 13, 1985* pursuant to section 2 of the Agricultural Products Marketing Act, hereby revokes the Manitoba Root Crop Marketing (Interprovincial and Export) Regulations, C.R.C., c. 159, and makes the annexed Order respecting the marketing in interprovincial and export trade of vegetables produced in Manitoba, in substitution therefor.*SOR/85-544, 1985 Canada Gazette Part II, p. 2757Winnipeg, Manitoba, December 19, 1988Short Title

1This Order may be cited as the Manitoba Vegetable Marketing (Interprovincial and Export) Order.

Interpretation

2In this Order,Act means The Natural Products Marketing Act of Manitoba; (Loi)Commodity Board means The Manitoba Vegetable Producers’ Marketing Board established pursuant to the Act; (Office)manufacturing means(a)canning, dehydrating, freezing, frying or pickling vegetables,(b)processing vegetables with sugar, sulphur dioxide or any other chemical or by heat, or(c)combining or mixing for sale any vegetables as defined in this Order with one or more vegetables other than vegetables as defined in this Order,but does not include any such activity carried on in a restaurant to prepare vegetables for immediate consumption by a consumer; (fabrication)marketing tag means a tag issued by the Commodity Board in respect of a quantity of vegetables for the purpose of authorizing the sale or transportation of that quantity of the vegetables; (étiquette de commercialisation)Plan means the plan for the marketing of vegetables established pursuant to the Act; (plan)producer means any person who produces vegetables in the Province and includes the employer of that person, any person who under any lease or agreement is entitled to a share of any vegetables produced by either of those persons, or any person who takes possession of any vegetables provided as security for a debt by any of those persons; (producteur)Province means the Province of Manitoba; (province)vegetables means any variety, class, grade or size of potatoes, parsnips, onions, carrots or rutabagas produced in the Province. (légumes)

Application

3This Order applies in respect of vegetables marketed in interprovincial and export trade, other than green onions.

Purchase and Sale

4No person shall buy or purchase vegetables except from or through the Commodity Board.

5No producer shall sell vegetables except to or through the Commodity Board.

Payment to Producers

6(1)The Commodity Board may conduct pools for the distribution of all monies received from the sale of vegetables.(2)The Commodity Board shall, after deducting all necessary and proper disbursements and expenses and after making such allowances for reserves as may be approved by The Manitoba Natural Products Marketing Council, distribute the remainder of the monies received from the sale of such vegetables in such manner that each producer receives a share thereof relative to the quantity, quality, variety, grade, class or size of the vegetables delivered by the producer.(3)The Commodity Board may make an initial payment on delivery of the vegetables and subsequent payments until the remainder of the monies received from the sale is distributed.

Marketing Tags

7(1)No person shall sell or transport or have in his possession for sale or transportation any vegetables unless they are packed in a container and a marketing tag is attached to(a)the container, where the vegetables are packed in a single container; or(b)the outermost container, where the vegetables are packed in two or more containers.(2)Subsection (1) does not apply in respect of a quantity of vegetables transported in bulk by a person pursuant to a direction of the Commodity Board.

Delivery Order

8(1)Subject to subsection (2), no producer shall transport vegetables or deliver vegetables for transport unless the Commodity Board has issued a delivery order to the producer for the vegetables.(2)Subsection (1) does not apply to a producer who delivers vegetables for transport to a person retained by the Commodity Board to transport vegetables.

Exempt Manufacturer

9For the purposes of subsections 28(1) and (2) of the Plan, the J.R. Simplot Company is designated as an exempt manufacturer in respect of potatoes sold to the J.R. Simplot Company for use in manufacturing at its plant in Grand Forks, North Dakota, U.S.A., pursuant to the terms of a written contract of purchase and sale entered into by the J.R. Simplot Company and the producer of the potatoes before the planting of the seeds used to produce the potatoes, if those potatoes are used by the J.R. Simplot Company in manufacturing at that plant.