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Newfoundland Regulation 1997


NEWFOUNDLAND REGULATION 96/97

NEWFOUNDLAND REGULATION 96/97

Fish Inspection Regulations (Amendment)
under the
Fish Inspection Act
(O.C. 97-518)

(Filed July 18, 1997)

Under the authority of section 4 of the Fish Inspection Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 15, 1997.

 John R. Cummings
Deputy Clerk of the Executive Council

REGULATIONS

Analysis


        1.   S.2 Amdt.
Definitions

        2.   S.38 R&S
Licence fees


CNR 1141/96
as amended

        1. (1) Section 2 of the Fish Inspection Regulations is amended by adding the following immediately after paragraph (d):

          (d.1)  "core plant" means a fish processing establishment which is licensed to process groundfish and other approved species and which processed a minimum of 1,000 tons of groundfish species on an average annual basis over the 1987 to 1991 period inclusive, as determined by the minister either as a stand alone operation or on the basis of consolidation of one or more licences approved by the minister;

             (2)  Section 2 of the regulations is amended by adding the following immediately after paragraph (e):

          (e.1)  "crab sections" means those portions the body of a crab that has been divided into 2 parts and that still has the legs attached to it;

             (3)  Section 2 of the regulations is amended by adding the following immediately after paragraph (g):

          (g.1)  "in province retail fish establishment" means a fish processing establishment licensed under the Act that is only authorized to market the fish that it processes for in province trade;

             (4)  Section 2 of the regulations is amended by adding the following immediately after paragraph (i):

           (i.1)  "non core plant" means a licensed fish processing establishment which does not meet core status as determined by the minister;

             (5)  Section 2 of the regulations is amended by adding the following immediately after paragraph (j):

           (j.1)  "processed product" means fish product produced at a licensed establishment during 1997;

             (6)  Paragraph 2(k) of the regulations is repealed and the following substituted:

             (k)  "secondary processing" means the processing of fish as part of its preparation for market beyond the primary processing stage by either, adding one or more ingredients, other than water or salt, to it which results in a substantive increase to the bulk and/or a substantive transformation to the taste and texture of the fish as a food product, or applying some other treatment or process to it, other than salting or curing, which results in a significant taste, flavour and/or texture enhancement of the fish as a food product;

        2. Section 38 of the regulations is repealed and the following substituted:

Licence fees

     38. (1) The annual fee for a fish processing licence in 1997 shall be based upon the type of fish processing facility and the type of fish processing activity carried on at a licensed facility and shall be the sum of that amount determined when the applicable base fee under subsection (2) is added to the amount determined under subsection (3).

             (2)  The base fee for each type of licensed fish processing facility is as follows:

             (a)  for a core plant - $3,500;

             (b)  for a non core plant - $1,500;

             (c)  for an in province retail establishment - $700;

             (d)  for a secondary processing facility; and

             (e)  for an aquaculture operation engaged in processing activity licensed under the Act - $500.

             (3)  Where a licensed fish processing facility is engaged in any of the following types of production activities the following amount shall be added to the applicable base fee under subsection (2) to determine the applicable licence fee for that facility

             (a)  where a licensed facility is engaged in processing crab other than as crab sections - $2.50 per metric ton of that processed product;

             (b)  where a licensed facility is engaged in the processing of crab as crab sections - $10 per metric ton of that processed product;

             (c)  where a licensed facility is engaged in processing female caplin - $3 per metric ton of that processed product;

             (d)  where a licensed facility is engaged in processing for lumpfish roe - $3 per metric ton of that processed product; and

             (e)  where a licensed facility is engaged in processing shrimp - $5 per metric ton of that processed product.

             (4)  The annual fee for a fish processing licence issued in 1997 shall be assessed by the end of the 1997 calendar year and shall be paid by all licensed fish processors prior to the issuance of a fish processing licence for 1998 and on or before March 31, 1998.

             (5)  The annual fee for a fish buyer’s licence shall be $700.