Ontario Greenhouse Vegetable Marketing (Interprovincial and Export) Regulations (C.R.C., c. 208)

Short Title

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

Interpretation

2 In these Regulations,

appointed shipper

appointed shipper means a shipper in possession of a valid and subsisting certificate of appointment issued by the Commodity Board pursuant to the Ontario Greenhouse Vegetable Appointed Shippers’ Procedures (Interprovincial and Export) Regulations; (expéditeur désigné)

Commodity Board

Commodity Board means The Ontario Greenhouse Vegetable Producers’ Marketing Board; (Office de commercialisation)

greenhouse vegetables

greenhouse vegetables means tomatoes, cucumbers and lettuce produced in the Province of Ontario in a greenhouse or any other enclosure under glass, plastic or other material used for the purpose of controlling temperature and providing protection for growing plants; (légumes de serre)

producer

producer means a person engaged in the production of greenhouse vegetables; (producteur)

product

product means any quantity of greenhouse vegetables; (produit)

retailer

retailer means any person who sells or offers to sell a product directly to the consumer and includes the operator of a roadside stand; (détaillant)

shipper

shipper means any person who offers for sale, sells, receives, assembles, packs, ships for sale or transports a product but does not include

• (a) a servant employed by and driving a vehicle owned by a producer or an appointed shipper,

• (b) a railway company, or

• (c) a person who transports the product by motor vehicle as agent of the producer; (expéditeur)

wholesaler

wholesaler means a person who buys a product through the Commodity Board and who offers for sale or sells the product to a retailer. (grossiste)

Application

3 These Regulations apply only to

• (a) the marketing of a product in interprovincial and export trade;

• (b) persons and property situated in the Province of Ontario; and

• (c) a product produced in the Counties of Essex, Kent and Lambton in the Province of Ontario.

Exemption

4 A producer who sells a product directly to a consumer or a consumer who buys a product directly from a producer is, in respect of that product, exempt from these Regulations.

Sale of Product

5 No person other than

• (a) a producer who sells or offers for sale a product through the Commodity Board,

• (b) a wholesaler who buys a product through the Commodity Board for resale, or

• (c) a producer authorized under a licence issued by the Commodity Board to sell or offer for sale a product

shall sell the product or offer the product for sale.

Purchase of Product

6 No person other than

• (a) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business, or

• (b) a retailer who buys a product through the Commodity Board or from a wholesaler for resale in the normal course of his business

shall buy a product.

Transportation of Product

7 No person other than

• (a) an appointed shipper who ships a product for a producer,

• (b) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business,

• (c) a railway company, or

• (d) a producer authorized to transport a product under a licence issued by the Commodity Board

shall transport a product.

Shipping of Product

8 No person other than

• (a) an appointed shipper who ships a product for a producer,

• (b) a wholesaler who buys a product through the Commodity Board for resale in the normal course of his business, or

• (c) a producer authorized to ship a product under a licence issued by the Commodity Board

shall ship a product.

Licences to Producers

• 9 (1) A licence may be issued to a producer by the Commodity Board to sell, transport or ship a product otherwise than through the Commodity Board.

• (2) A licence issued pursuant to subsection (1) shall expire on December 31st of the year for which the licence is issued.