British Columbia Turkey Marketing Board (Interprovincial and Export) Order (C.R.C., c. 150)

7 All the regulated product shall, before sale, be processed, packed and graded by an agency or producer-vendor, unless otherwise permitted by these Orders or exempted by authority of a resolution of the Commodity Board.

Prohibitions

8 Except as provided in this Order, or any amendments thereto, the following prohibitions shall apply:

• (a) no person shall buy, sell or offer for sale the regulated product in combination with any other commodity at a combined price or at prices not applicable to the purchase of the commodities individually;

• (b) no person shall buy, sell or offer for sale, the regulated product contemporaneously with any gift or sale of any other thing of value;

• (c) no person shall process, pack, transport, store, buy, sell or offer for sale, the regulated product unless it is in a container approved by the Commodity Board, and such container has printed thereon or upon a tag or label attached thereto the words “Turkey grown in British Columbia”;

• (d) no person shall transport any of the regulated product unless he has a valid transport order issued by the Commodity Board, and the order is carried in the vehicle in which the regulated product covered by the said order is being transported;

• (e) no grower shall sell, offer for sale, or deliver the regulated product to any person other than to an agency or to the order of an agency, unless he is specifically authorized to do so by the Commodity Board;

• (f) no wholesaler shall buy, accept or receive the regulated product from any person other than an agency or a producer-vendor;

• (g) no wholesaler shall sell or offer for sale the regulated product from any person other than an agency;

• (h) no peddler shall buy, accept or receive the regulated product from any person other than a licensed wholesaler, grower or producer-vendor, or an agency authorized by the Commodity Board;

• (i) no retailer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler or any agency authorized by the Commodity Board;

• (j) no caterer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler, retailer, peddler or an agency authorized by the Commodity Board;

• (k) a producer-vendor shall have all the rights and privileges of a wholesaler, peddler or an agency authorized by the Commodity Board in paragraphs (f) to (j);

• (l) no processor shall buy, accept, or receive the regulated product from any person other than a licensed grower or an agency authorized by the Commodity Board, but a licensed processor may buy the regulated product from a licensed wholesaler if it has first been processed by a licensed processor;

• (m) no processor shall sell or offer for sale the regulated product except in a processed or manufactured form;

• (n) no person shall sell or offer for sale any of the regulated product at any auction or have the same in or about any premise where an auction is taking place or may reasonably be expected to take place, unless specifically authorized by the Commodity Board, and then only in an approved container and marked as specified in paragraph (c), and such regulated product is sold or offered for sale at no less than the minimum price set by the Commodity Board;

• (o) no person shall remove, alter, mutilate or destroy any label or tag attached to any container, or any container in which there is any regulated product, except the ultimate consumer; for the purpose of clarification, consumer in this case shall be deemed to include caterer; and no person shall re-use or cause or permit to be re-used, by any person for any purpose whatever, any container label, or tag, and no person shall use or re-use or cause or permit to be used or re-used any container originally used or intended to be used by an agency for marketing the regulated product except with written permission of the Commodity Board;

• (p) no person other than a member or employee of the Commodity Board shall move, destroy, sell or offer for sale, any regulated product on which there has been put a detention tag or seizure tag, or with respect to which a notice of seizure has been given by any member or employee of the Commodity Board, or individual authorized by the Commodity Board to effect such seizure, without the written authority of the Commodity Board;

• (q) except as otherwise provided, no person shall display the regulated product in public view unless the same is tagged and labelled and in containers authorized by the Commodity Board as specified in paragraph (c);

• (r) no wholesaler or agency shall sell or offer for sale the regulated product at a price less than the price paid by the wholesaler to an agency for such product or at the current day’s price being charged for the same type and grade of product by the same agency, whichever is the lesser;

• (s) no wholesaler or processor shall offer for sale, sell or supply the regulated product to any retailer, peddler or other person who has, within the preceding seven days, to the knowledge of the wholesaler or processor, his agents or servants, sold, advertised or offered for sale the regulated product at a price less than the price paid for the regulated product by the wholesaler or processor to an agency, or the current day’s price at the time of sale, advertisement or offer, charged by the same agency for the same type and grade of product, whichever is the lesser;

• (t) no retailer, peddler or person other than a wholesaler or agency shall sell, advertise or offer for sale, the regulated product at a price less than the purchase price paid by the retailer, peddler or other person for the regulated product or the current day’s price charged for the same type and grade of product by other agencies in the area where such sale, advertisement or offer is made or published, whichever is the lesser;

• (u) no retailer, peddler, wholesaler, agency or other person shall by use of labels, tags or containers authorized by the Commodity Board, or otherwise in any way mislead or deceive any purchaser as to the contents of any container to which such label or tag is affixed, or on which any printing appears that has been authorized to be used on labels, tags or containers pursuant to this Order.

Application

9 The requirement of section 7 and the prohibitions set out in paragraph 8(c) shall not apply to

• (a) any person transporting the regulated product from a licensed grower to an agency or to the order of the agency;

• (b) any regulated product that has been condemned or otherwise rendered unfit for human consumption when being delivered to any person or place when such regulated product is intended to be used for other than immediate or ultimate human consumption; and

• (c) any person processing, packing, storing, transporting, buying, selling or offering for sale the regulated product with respect to a transaction that has been exempted from all or any of the orders of the Commodity Board by a specific order exempting the transaction, if provisions of such specific order have been complied with.

10 The prohibition set out in paragraph 8(d) shall not apply to a person transporting the regulated product who is able to prove that a transport order specifically covering the regulated product being transported has been issued under the authority of the Commodity Board, its servant or agent, or is in the mail at the times the regulated product is being transported.

11 The requirement of section 7 and the prohibitions set out in section 8 shall not apply to

• (a) a police officer carrying out his duties under a search warrant;

• (b) an agency acting within the scope of its authority;

• (c) any transaction of sale and purchase of the regulated product between licensed growers, but no person shall transport the regulated product so sold or purchased without having first obtained a transport order; and

• (d) the sale or offering for sale by a licensed grower or the purchase from a licensed grower of the regulated product at a roadside stand situated on or not more than 30 yards away from the grower’s farm or at a municipal market if the following conditions have been complied with:

  • (i) the grower has received written authority from the Commodity Board, and

  • (ii) the regulated product to be offered for sale and sold has been transported in the case of offering for sale or sale at a municipal market under the authority of a valid transport order.

Sale Price Fixed

12 No grower or agency shall sell or offer for sale the regulated product and no person shall buy the regulated product at a price less than the minimum price fixed by the Commodity Board from time to time for the variety and grade of the regulated product offered for sale, sold or purchased.

Board to Issue Licences, Transport Orders, Etc.

13 No individual, firm, partnership or corporation shall issue or use licences, transport orders, containers, tags or labels purporting to be authorized by the Commodity Board or in the same or similar form as that authorized by the Commodity Board, or calculated to mislead any person dealing with the regulated product that have not in fact been issued or approved by the Commodity Board or its duly authorized representatives.

14 Licences or transport orders authorized by the Commodity Board shall only be issued by a member or employee of the Commodity Board, or an individual duly authorized so to do, and shall be issued only in the name and on behalf of the Commodity Board, and where such licences or transport orders are required to be signed, they may be signed by any member of the Commodity Board or by any employee of the Commodity Board or any other individual authorized by the Commodity Board for that purpose, to sign the same on behalf of the Commodity Board.

Seizures

• 15 (1) Any employee of the Commodity Board, or any individual authorized by resolution of the Commodity Board so to do, may seize any of the regulated product that he believes is being or has been processed, packed, transported, stored or marketed in violation of any order of the Commodity Board.

• (2) Upon seizing any regulated product, the employee of the Commodity Board or such authorized person shall attach a seizure tag or detention tag on, at or near the location of the regulated product being so seized, or shall deliver a notice of such seizure in writing in such form as may be approved by the Commodity Board, to an adult person in, upon, or about the premises where the same are found, or to any adult person who appears at the time of the seizure to be in charge of any place, premises, motor vehicle or otherwise in which or in, about, or near which such regulated product is found.

• (3) The owner of any regulated product seized pursuant to this section may, within 10 days after such seizure, apply to the Board, by notice directed to its Secretary, for a hearing to show cause why the regulated product so seized should not be disposed of by the Commodity Board, and upon such notice being received by the Secretary, he shall arrange for a hearing at the convenience of the Commodity Board, and the regulated product so seized shall not be disposed of until such hearing has been completed, and then only in accordance with the order of the Commodity Board; if notice requesting a hearing has been received, as aforesaid, then upon the owner having been heard, or if no notice has been received within the time limit aforesaid, the Commodity Board may dispose of such regulated product as it sees fit by sale or otherwise, or the Commodity Board may, if in its opinion the offence was committed through inadvertence, return the regulated product so seized to the owner or order the same to be sold through an agency for the owner’s account.

• (4) Any regulated product seized pursuant to this section and ordered by the Commodity Board to be sold, may be sold through an agency, and the agency may charge and collect out of the proceeds of sale the costs of processing, packing, storing and marketing, after having deducted any expenses of the Commodity Board arising out of, or relating to, the seizure and sale of such regulated product, and the balance, if any, may be paid to the person from whom the regulated product was seized.

• (5) Pursuant to this section, any of the regulated product seized shall be placed in storage, or processed and placed in storage, in such a manner as to prevent any spoilage arising out of such seizure, and the costs of such processing and storage shall be deducted from the proceeds or paid by the owner of such regulated product as the Board may direct.

Containers and Labels

16 Where the regulated product is required to be in a container approved by the Commodity Board or any container is required to have attached thereto a tag or label as determined from time to time by order or resolution of the Commodity Board, that container, tag or label shall be deemed to be the only container, tag or label that meets the requirements of this Order.

Exemption by Commodity Board

17 Any exemption from this Order of any person or class of persons engaged in the production, processing, packing, storing, transporting or marketing of the regulated product, or any class, variety or grade thereof may, by resolution of the Board be granted, amended or rescinded.