This is an official version.
Copyright © 2006: Queens Printer,
Under the authority of section 10 of the Natural Products Marketing Act
and the Subordinate Legislation Revision and Consolidation Act
, the Lieutenant-Governor in Council makes the following regulations.
In these regulations
"Act" means the Natural Products Marketing Act
partridgeberries (lingonberries), and
"blueberry maggot" means Rhagoletis mendax
"blueberry management unit" means an area of crown land that has been designated as a special management unit under section 57 of the Lands Act
"cleaned" means a process by which debris, leaves, floaters and other foreign material are removed from ripe, unprocessed blueberries;
"designated area" means any area of crown land that has been set aside for berry production;
"facility" means an establishment or place used for the processing of berries and includes a packing plant, vessel or motor vehicle;
"floaters" means immature berries that float to the surface when placed in still water;
"importer" means a person, company or concern engaged in the practice of bringing berries into the province;
"infested area" means a place listed in the Schedule or any other place where the blueberry maggot is known to occur;
"inspection" means the act of examining berries to determine compliance with these regulations;
"inspector" means a person appointed by the minister as an inspector under the Act;
"licence" means a licence issued by the minister in accordance with these regulations;
"minister" means the minister appointed under the Executive Council Act
to administer the Act;
"packing plant" means a place where berries are graded, packaged and marked for shipment;
"person" includes an individual, an association of individuals, a partnership or corporation and an unincorporated society or association;
"pick" means to gather by hand, by berry rake or by any other mechanical device;
"processing" includes the cleaning, grading, freezing and packaging of berries;
"registered blueberry producer" means a person who
leases a blueberry management unit from the province, or
owns or leases land in the province other than a blueberry management unit when it is used for blueberry production, and
applies for and receives an exemption certificate from the minister under section 7 of these regulations;
"retail sale" means the sale of berries by a person to another person who acquires those berries
for his or her own personal use as a consumer and not for resale to another person, or
for resale within the province to any person for personal use as a consumer, but does not include a sale for the purpose of resale to another person; and
"ripe unprocessed blueberries" means blueberries that have been picked and that
are all blue and meet the Canada Number 1 Grade Standard, or
A person shall not cause damage in or upon a blueberry management unit or designated area, or remove from a blueberry management unit or designated area
(1) A person shall not sell, offer for sale or market blueberries harvested in the province except for retail sale unless the blueberries have been processed by or at a packing plant or facility issued a licence for that purpose by the minister.
Exemption certificate required
(1) A person, except a registered blueberry producer who applies for and receives an exemption certificate shall not
sell or offer for sale;
have in his or her possession
at a site in his or her ownership or control in excess of 50 kilograms of unprocessed blueberries unless they are ripe unprocessed blueberries.
A registered blueberry producer shall not
sell or offer for sale;
purchase or offer to purchase;
have in his or her possession
at a site in the province under his or her ownership or control blueberries other than blueberries obtained from a site in respect of which the registered blueberry processor has obtained an exemption certificate under these regulations.
Expiry or refusal of exemption certificate
(1) An exemption certificate issued under these regulations shall expire on December 31 of the year in which it is issued.
Unripe blueberries permitted
(1) A person may sell blueberries, including unripe blueberries such that when 2 out of 3 samples of them are measured and tested by an inspector with a properly calibrated instrument approved by the minister for that purpose, 15% or less of these berries by count float to the surface when placed in still water.
Where circumstances warrant, the minister may, by order, determine that the 15% requirement in subsection (1) shall not apply for a period of time and prescribe a percent requirement which shall apply for that same period.
(1) A person shall not
bring or cause to be brought into the province;
transport or cause to be transported from place to place within the province; or
have, sell or offer for sale, exchange or otherwise market or dispose of for any use;
any berries originating in an infested area unless it can be shown to the satisfaction of an inspector that those berries have been treated in a way that eradicates the blueberry maggot or its reproductive capabilities.
Appointment of inspectors
Powers of inspectors
An inspector appointed under section 12 may
enter a place or premises where berries are kept for sale;
require a person in possession of berries for sale to produce for inspection for the purpose of obtaining information any
bills of lading,
temperature records, or
with respect to the harvesting, storage, marketing, sale or other disposal of berries; and
inspect a site where berries are found or any berries being transported by vehicle and require the driver of a vehicle which the inspector may reasonably suspect to be carrying berries to stop for the purposes of inspection.
Detention and testing of infested berries
(1) An inspector may detain for a time that is necessary to complete his or her inspection any berry shipment and shall place in a prominent area on the berries a notice of detention as prescribed by the minister.
Risk carried by owner
Copy of notice
Within 24 hours of attaching a notice of detention as prescribed by the minister, an inspector shall deliver or mail to the person possessing those berries and to the owner of the berries if known to the inspector a copy of the completed notice of detention.
Alteration of notice of detention
(1) A person shall not alter, deface or remove a notice of detention.
Notice of release
An inspector satisfied that berries held in detention comply with these regulations shall
complete a notice of release as prescribed by the minister; and
Cost of disposal
(1) A person who fails to comply with section 3 is liable upon summary conviction
upon a first conviction to a fine of not more than $150; and
upon each subsequent conviction, to a fine of not more than $300.
(1) A person who fails to comply with sections 4, 6, 8, 11, and 17 is liable upon summary conviction
upon a first conviction to a fine of not less than $2500 nor more than $5000; and
upon each subsequent conviction to a fine of not less than $5000 nor more than $10, 000.
Infested Areas Where the Blueberry
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