British Columbia Mushroom Marketing (Interprovincial and Export) Regulations (SOR/80-647)

Short Title

1 These Regulations may be cited as the British Columbia Mushroom Marketing (Interprovincial and Export) Regulations.

Interpretation

2 In these Regulations,

Act

Act means the Natural Products Marketing (British Columbia) Act; (Loi)

Agency

Agency means Fraser Valley Mushroom Growers’ Co-operative Association; (Agence)

Board

Board means the British Columbia Mushroom Marketing Board established pursuant to the Act; (Office)

caterer

caterer means any person who uses the regulated product on his premises in serving food to the public; (traiteur)

grower

grower means any person who produces the regulated product to which the scheme applies; (producteur)

licence

licence means a licence referred to in section 10 or 11; (permis)

marketing

marketing, in respect of the regulated product, means buying, offering for sale, selling, shipping for sale or storage and includes its transportation; (placement)

peddler

peddler means any person who sells or offers for sale the regulated product on the street or on premises other than a fixed commercial establishment operated by him; (vendeur itinérant)

person

person means any individual, corporation, firm or partnership and includes the servants, agents and employees of any individual, corporation, firm or partnership; (personne)

processor

processor means any person who cans, freezes, preserves, dehydrates or changes the nature of the regulated product by mechanical means or otherwise and markets the regulated product so canned, frozen, preserved, dehydrated or changed; (transformateur)

regulated product

regulated product means mushrooms grown in the Province of British Columbia; (produit réglementé)

retailer

retailer means any person who sells or offers for sale the regulated product direct to consumers from a fixed commercial establishment operated by that person but does not include a licensed grower who sells or offers for sale the regulated product

• (a) directly to consumers,

• (b) to a caterer, or

• (c) to a processor

if the regulated product is produced by that grower and is sold or offered for sale by the grower at a mushroom plant owned by him or on the property on which the mushroom plant is situated; (détaillant)

scheme

scheme means the British Columbia Mushroom Scheme established under the Act; (plan)

transport order

transport order means an order, issued and signed by the Board, in a form approved by the Board, that authorizes the moving or transporting of the regulated product from one place to another place; (autorisation de transport)

trucker

trucker means any person, other than a grower who uses a truck owned by him to haul the regulated product produced by him, who, in respect of a vehicle, holds or is required by law to hold a public or limited freight licence issued by the Public Utilities Commission of the Province of British Columbia; (camionneur)

warehouseman

warehouseman means any person, other than the Agency, who stores the regulated product for another person; (entreposeur)

wholesaler

wholesaler means any person, other than the Agency, who sells or offers for sale a regulated product to any retailer, peddler, caterer, processor or wholesaler or otherwise than directly to the consumer. (grossiste)

Application

3 These Regulations apply only to the marketing of the regulated product in interprovincial and export trade and to persons and property situated within the Province of British Columbia.

Agency

• 4 (1) The Agency is hereby designated as the Agency through which the regulated product shall be packed, stored and marketed in accordance with these Regulations.

• (2) Subject to subsections (3) and (4), the Agency shall receive, pack, store and market all regulated products delivered to the Agency in accordance with orders issued by the Board under the Act.

• (3) The Agency shall not receive, pack, store or market a regulated product grown by a grower who is not the holder of a Grower’s Licence referred to in section 10.

• (4) The Agency may refuse to accept, pack, store or market a regulated product delivered to it by a grower where,

  • (a) in the opinion of the Agency, the regulated product is not of marketable quality; or

  • (b) in respect of the regulated product, any provision of these Regulations or any order made by the Board under the Act is contravened by the grower.

• (5) The Agency is authorized to conduct a pool or pools for the distribution of all proceeds received from the sale of the regulated product through it for such period or periods of time and covering such of the regulated product or types or grades thereof as it sees fit and, subject to approval by resolution of the Board before distribution thereof, shall distribute the proceeds of sale for each pool, after deducting necessary and proper disbursements, expenses and charges, in such manner that each person receives a share of the total proceeds in relation to the amount, variety, size, grade and class of the regulated product delivered by that person to the Agency and shall make payments in respect thereof until the total net proceeds are distributed.

• (6) The Agency may establish an office or warehouse at any place approved by the Board and shall establish offices or warehouses at such places as the Board may direct.

Charges by the Agency

• 5 (1) The Agency is authorized to collect from each grower such charges as are approved by the Board in respect of the packing, grading, regrading, storing, washing, handling, transporting or marketing of the regulated product of that grower by the Agency.

• (2) Where, pursuant to paragraph 4(4)(a), the Agency refuses to accept, pack, store or market a regulated product, the Agency may make and collect such charges as are approved by the Board for services rendered by the Agency in respect of any handling or regrading of the regulated product.

Disposal of Regulated Product

6 Where, pursuant to subsection 4(4), the Agency refuses to accept, pack, store or market a regulated product, that product shall only be disposed of in accordance with directions issued by the Board.

Grievance

7 Where the Agency has

• (a) refused to accept, pack, store or market a regulated product pursuant to subsection 4(4), or

• (b) made charges referred to in subsection 5(2),

the grower may appeal the refusal or the charges, as the case may be, to the Board.

Grading of Regulated Product

8 Subject to subsection 4(4), all regulated products delivered to the Board shall, before sale, be graded and packed by the Agency unless exempted under the authority of an order issued by the Board under the Act.

Licences and Registration

9 No person, other than the Agency, shall engage in the production, packing, transporting, storing or marketing of the regulated product unless that person has registered with the Board.

10 No person shall operate as a caterer, grower, peddler, processor, retailer, warehouseman or wholesaler unless that person applies to and receives from the Board a Caterer’s Licence, Grower’s Licence, Peddler’s Licence, Processor’s Licence, Retailer’s Licence, Warehouser’s Licence or Wholesaler’s Licence, as the case may be, for each premise, building, cellar or pit used by that person in carrying out his operation.

11 No trucker shall transport the regulated product unless he applies to and receives from the Board a Trucker’s Licence for each truck operated by him in transporting the regulated product.

12 Every licence shall expire on December 31 next following its date of issue.

13 The fee payable to the Board in respect of licences are as follows:

• (a) Caterer’s Licence no fee

• (b) Grower’s Licence $ 1.00

• (c) Peddler’s Licence no fee

• (d) Processor’s Licence $10.00

• (e) Retailer’s Licence no fee

• (f) Trucker’s Licence $ 1.00

• (g) Warehouser’s Licence no fee

• (h) Wholesaler’s Licence $ 5.00

14 A licence may be cancelled by the Board for violation of any provision of the scheme, any order issued by the Board under the Act or any provision of these Regulations.

Records and Accounts

15 It shall be a condition of any licence that the person to whom the licence is issued shall keep and retain for at least three years, records and accounts in respect of all matters relating to the production, packing, processing, storing, transporting and marketing of the regulated product by that person.

Information, Inspection and Search

16 For the purpose of ascertaining whether any orders of the Board under the Act or any provisions of these Regulations are being complied with, every grower or any person transporting, packing, storing or marketing a regulated product shall, on request, produce for inspection by the Board or by any member or employee of the Board or by any person authorized by the Board for that purpose, all records and accounts kept by that grower or person respecting all matters relating to the regulated product.

17 Every person engaged in the production, packing, processing, storing, transportation or marketing of the regulated product shall, at the request of the Board,

• (a) furnish full information to the Board in respect of such production, packing, processing, storing, transportation or marketing; and

• (b) permit the inspection of the premises used by him in such production, packing, processing, storing, transportation or marketing by any member or employee of the Board or any other person authorized by the Board for that purpose.

18 Where the Board or any member or employee of the Board has reasonable grounds to believe that a provision of these Regulations is not being complied with by a person in charge of a vehicle that contains the regulated product or that the Board or member or employee has reason to believe contains the regulated product, the Board, member or employee may stop and detain the vehicle and, if accompanied by a peace officer, may, without warrant, enter and search the vehicle.

Conditions of Sale and Marketing

• 19 (1) No person shall

  • (a) buy, sell or offer for sale the regulated product

    • (i) in combination with any other commodity at a combined price or at prices not applicable to the purchase of such commodities separately, or

    • (ii) contemporaneously with any gift or sale of any other thing of value;

  • (b) subject to section 20, transport the regulated product in a vehicle unless the trucker or person transporting the regulated product has a valid transport order and the transport order is carried in the vehicle during the period the regulated product is being transported; or

  • (c) sell or offer for sale the regulated product at any auction or be in possession of the regulated product in or about any premises where an auction is taking place or may reasonably be expected to take place.

• (2) Subject to section 21, no grower shall sell, offer for sale or deliver to any person, or directly negotiate the sale or terms of sale with any person, of any regulated product required to be delivered to the Agency in accordance with orders issued by the Board under the Act.

• (3) A wholesaler shall not buy, accept or receive the regulated product from any person other than the Agency.

• (4) No wholesaler shall sell or offer for sale the regulated product to any person other than a licensed retailer, peddler, caterer or processor or another licensed wholesaler.

• (5) No peddler shall buy, accept or receive the regulated product from any person other than a licensed wholesaler.

• (6) No retailer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler or the Agency.

• (7) No caterer shall buy, accept or receive the regulated product from any person other than a licensed wholesaler, retailer or peddler or the Agency.

• (8) No processor shall

  • (a) sell or offer for sale the regulated product except in a processed or manufactured form; or

  • (b) buy, accept or receive the regulated product from any person other than a licensed wholesaler or the Agency.

Exceptions

20 Paragraph 19(1)(b) does not apply

• (a) to a person transporting the regulated product if that person establishes that a transport order in respect of the regulated product being transported has been issued;

• (b) to a person transporting the regulated product purchased from a licensed grower pursuant to section 21; or

• (c) to any person transporting bed run mushrooms from a licensed grower to the Agency.

21 A licensed grower may sell, offer for sale or deliver the regulated product at his mushroom plant or on the property on which the plant is situated to any person purchasing the regulated product for consumption if

• (a) the regulated product was grown by him; and

• (b) the quantity of the regulated product being sold, offered for sale or delivered does not exceed five pounds.

Sale Price of the Regulated Product

• 22 (1) The Agency shall not sell or offer for sale any type, variety or grade of the regulated product to a wholesaler or processor at a price less than the minimum price fixed by resolution of the Board from time to time for that type, variety or grade.

• (2) No wholesaler or processor shall buy the regulated product at a price less than the minimum price referred to in subsection (1).

Seizure

• 23 (1) Where any employee of the Board or any individual authorized by resolution of the Board has reasonable grounds to believe that any provision of these Regulations or any order of the Board in respect of the packing, transportation, storage or marketing of the regulated product is not being complied with, that employee or individual may seize the regulated product.

• (2) The regulated product seized pursuant to subsection (1) shall, subject to directions of the Board, be delivered to the Board.

• 24 (1) Where the regulated product is seized pursuant to subsection 23(1), the employee or individual referred to in that subsection shall

  • (a) attach a seizure tag or detention tag on, at or near the location of the regulated product; or

  • (b) deliver a notice of seizure, in such form as may be approved by the Board, to

    • (i) the adult person who is or appears to be in charge of or in possession of the regulated product, or

    • (ii) any adult person who is or appears to be in charge of any place, land, premises or vehicle where the regulated product is located.

• (2) Where a member or employee of the Board or an individual authorized by the Board to effect the seizure of the regulated product

  • (a) attaches a seizure or detention tag pursuant to paragraph 24(1)(a), or

  • (b) delivers a notice of seizure pursuant to paragraph 24(1)(b),

  no person, other than a member or employee of the Board shall move, destroy, sell, offer for sale or otherwise dispose of the regulated product without authority in writing from the Board.

25 The regulated product seized pursuant to subsection 23(1) may be disposed of by the Board and such disposal may be made within twenty-four hours of the time of the seizure.

• 26 (1) Where the Board, in disposing of the regulated product pursuant to section 25 directs that it be sold by the Agency, the Agency may charge and collect out of the proceeds of the sale

  • (a) in respect of the marketing and handling of the regulated product, ten cents for each pound of the regulated product sold;

  • (b) the costs incurred by the Agency in respect of the packing, grading, storing, washing, handling, transportation or marketing of the regulated product; and

  • (c) any expenses of the Board arising out of or relating to the seizure and sale of the regulated product.

• (2) The proceeds of the sale of the regulated product referred to in subsection (1), minus the charges and expenses referred to in that subsection may be paid by the Agency to the person from whom the regulated product was seized.

• 27 (1) Where a regulated product is seized pursuant to subsection 23(1), the owner of the regulated product may make representations to the Board by forwarding such representations to the Secretary of the Board who shall place the representations before the Board.

• (2) Where the Board, on receiving the representations referred to in subsection (1), determines that the seizure of the regulated product was improper, the Board may order that the charges made pursuant to subsection 26(1), if any, be refunded and direct that the person from whom the regulated product was seized be paid by the Agency for the regulated product so seized.