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Newfoundland Regulation 2000


NEWFOUNDLAND REGULATION 33/00

NEWFOUNDLAND REGULATION 33/00

Egg Regulations
under the
Egg Scheme, 2000
and
Natural Products Marketing Act

(Filed June 2, 2000)

Under the authority of section 8 of the Egg Scheme, 2000 and the Natural Products Marketing Act, the Egg Producers of Newfoundland and Labrador make the following regulations.

Dated at St. John's, April 10, 2000.

Ruth Noseworthy
Secretary Manager
Egg Producers of
Newfoundland and Labrador

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Non application and prohibition

              PART I
INSPECTION

        4.   Duties and powers of inspectors

        5.   Inspection and detention of eggs

              PART II
LEVIES
AND SERVICE CHARGES

        6.   Levies and service charge

        7.   Non - quota holders

        8.   Exemption from levies and service charge


              PART III
QUOTA

        9.   Cancellation of quota portion

      10.   Registration number and certificate

      11.   Interprovincial or export quota

      12.   Review of quotas

      13.   Cancellation, suspension or variation

      14.   Notice of action

      15.   Transfer of quota

      16.   Cancellation or reduction of quota

      17.   New and increased quotas

      18.   Marketing by non quota holders

              PART IV
HATCHING

      19.   Quota for surplus hatching eggs

      20.   Operation prohibited

      21.   Reports required

              PART V
GENERAL

      22.   Flock replacement

      23.   Permit required

      24.   Permits to purchase required

      25.   Egg production by non quota holder

      26.   Fair pricing required

      27.   Records

      28.   Identification of eggs

      29.   Excess quota penalty

              PART VI
OFFENCE

      30.   Offence

              PART VII
REPEAL

      31.   Repeal


Short title

        1. These regulations may be cited as the Egg Regulations.

Definitions

        2. In these regulations

             (a)  "chick" means a class of hen that is less than one month old;

             (b)  "container" means a consumer egg carton in which eggs are shipped or sold;

             (c)  "egg" means the egg of a layer;

             (d)  "EPNL" means the Egg Producers of Newfoundland and Labrador as constituted under section 4 of the Egg Scheme, 2000;

             (e)  "facility" means a building or land appurtenant to it together with fixtures and equipment belonging to a producer in which the producer has a proprietary interest and which is used by him or her to house layers owned by him or her for the purpose of egg production;

              (f)  "hatchery" means a facility where hatching eggs are incubated by natural or artificial means to produce chicks;

             (g)  "hatching eggs" means eggs from a layer incubated by natural or artificial means for the primary purpose of producing chicks;

             (h)  "inspector" means an inspector appointed by

                      (i)  the minister, or

                     (ii)  the Egg Producers of Newfoundland and Labrador;

              (i)  "marketing quota" means the number of dozens of eggs a producer is entitled to market from his or her quota;

              (j)  "non-quota holder" means a person who

                      (i)  owns between 100 and 499 layers inclusive who, prior to the coming into force of this regulation established to the satisfaction of the Newfoundland Egg Marketing Board that

                            (A)  on or before June 19, 1992 he or she was a producer who owned between 100 and 499 layers inclusive, and

                            (B)  was engaged in the production of eggs with respect to those layers on or before June 19, 1992

and is registered as a non-quota holder, or

                     (ii)  establishes as a result of an appeal from a decision of the Newfoundland Egg Marketing Board pending before the APMB that he or she

                            (A)  is a producer who, on or before June 19, 1992 owned between 100 and 499 layers inclusive, and

                            (B)  was engaged in the production of eggs but did not hold a quota certificate issued by the Newfoundland Egg Marketing Board for the production or marketing of eggs;

             (k)  "scheme" means the Egg Scheme, 2000; and

              (l)  "unregulated producer" means a person who owns less than 100 layers.

Non application and prohibition

        3. (1) An unregulated producer shall not be affected by the Egg Scheme, 2000 or these regulations except as expressly set out.

             (2)  A person or producer may not house in his or her facility layers in which another person or producer has a proprietary interest without the express written consent of the Egg Producers of Newfoundland and Labrador.

PART I
INSPECTION

Duties and powers of inspectors

        4. (1) An inspector appointed under the Act shall

             (a)  inspect eggs and the packages and containers in which they are kept; and

             (b)  seize, detain or dispose of, if necessary, all eggs not being produced or marketed in accordance with the scheme.

             (2)  An inspector under the Act may

             (a)  at a reasonable time, go upon and enter into any land, premises, building or vehicle used or operated for the purpose of producing or marketing eggs;

             (b)  examine the eggs and documents held by a person pertaining to the eggs to ensure that they are being produced and marketed in accordance with the scheme;

             (c)  at a reasonable time, go upon and enter into any land, premises or building in which domestic hens are kept or suspected of being kept for the purpose of carrying out an inspection; and

             (d)  require a person in charge of a vehicle thought to be conveying eggs to stop the vehicle and permit the inspector to inspect the vehicle and its contents.

Inspection and detention of eggs

        5. (1) Eggs detained under paragraph 4(1)(b) shall be detained for a period of not more than 48 hours from the hour and date of inspection.

             (2)  Notwithstanding subsection (1), an inspector shall release detained eggs at any time during the 48 hour detention period that the requirements have been met.

             (3)  If after the 48 hour detention period prescribed in subsection (1) has expired the requirements of the scheme have not been met, the inspector may, upon further inspection seize and remove eggs for disposal from the land, premises, building or vehicle where the eggs were first detained.

             (4)  Eggs referred to in subsection (3) shall be marketed at the expense of the producer or person on whose land, premises, building or vehicle the eggs were first detained and any proceeds remaining after expenses have been met shall, within a reasonable period of time, be returned to that producer or person.

PART II
LEVIES
AND SERVICE CHARGES

Levies and service charge

        6. (1) The Egg Producers of Newfoundland and Labrador shall impose a levy of up to $0.035 per dozen times quota times rate of lay as established by the EPNL on each producer.

             (2)  Each producer shall pay a levy to the Canadian Egg Marketing Agency at a rate prescribed by that agency.

             (3)  Each producer shall pay a levy as set by the EPNL for the purpose of funding the provincial surplus removal program.

             (4)  The levies prescribed by this section shall be collected in a manner prescribed by the Egg Producers of Newfoundland and Labrador.

             (5)  The EPNL may collect any arrears of the levies prescribed under this section in the manner it may prescribe.

Non - quota holders

        7. The Egg Producers of Newfoundland and Labrador may, in its discretion, require that non-quota holders and unregulated producers pay levies up to the amounts prescribed under section 6.

Exemption from levies and service charge

        8. (1) Notwithstanding section 6, upon application in writing by a producer, the commodity board may approve an exemption from the requirement to pay all or part of the levies prescribed by that section if the producer establishes to the satisfaction of the EPNL that extenuating circumstances as defined by the EPNL exist or have existed which necessitate that exemption.

             (2)  Notwithstanding subsection (1), the EPNL shall not approve an exemption related to

             (a)  normal mortality losses; or

             (b)  the negligence of a producer with respect to the ordering of pullets, acquisition of new equipment or construction of buildings.

PART III
QUOTA

Cancellation of quota portion

        9. A producer who is in arrears of any payment owing to the EPNL may have all or a proportionate part of his or her quota cancelled by the EPNL.

Registration number and certificate

     10. A producer shall not be issued a quota unless the Egg Producers of Newfoundland and Labrador has issued to him or her

             (a)  a registration number; and

             (b)  a quota certificate.

Interprovincial or export quota

     11. A producer may, in addition to his or her provincial quota be assigned a quota to produce or market eggs under an interprovincial or export quota system of the Canadian Egg Marketing Agency.

Review of quotas

     12. For the purpose of ensuring compliance with the overall provincial quota as set by the Canadian Egg Marketing Agency, the Egg Producers of Newfoundland and Labrador shall regularly review and reassess the quotas of all producers in the province and shall where necessary vary the quotas of all producers or of all producers of a class or classes.

Cancellation, suspension or variation

     13. The EPNL may

             (a)  cancel, suspend or vary the quota; and

             (b)  revoke or amend the quota certificate of a producer

                      (i)  who fails to pay the EPNL all applicable levies,

                     (ii)  who fails to comply with regulations, orders or policies of the agency or the EPNL, or

                    (iii)  whose entitlement to market or have marketed on his or her behalf eggs in interprovincial or export trade has been cancelled, suspended or varied by the Canadian Egg Marketing Agency.

Notice of action

     14. (1) The Egg Producers of Newfoundland and Labrador shall give notice to a producer of an intended action under section 13.

             (2)  Notice under subsection (1) shall be given by registered mail addressed to the producer at the address recorded in the books of the EPNL and the notice shall fix a time of not less than 14 days from the mailing of it for compliance or reply.

Transfer of quota

     15. Quota shall not be transferred, sold, reassigned, surrendered or leased without the prior written approval of the Egg Producers of Newfoundland and Labrador.

Cancellation or reduction of quota

     16. A quota issued to a producer may be cancelled or reduced on 60 days notice to that producer if the producer ceased the production of eggs, or fails to produce eggs to the extent of his or her quota for a period of 90 days, except in extenuating circumstances as defined by the EPNL.

New and increased quotas

     17. If the quota for the total number of dozens of eggs allocated to the province by the Canadian Egg Marketing Agency increases over the previous year, additional quota shall be issued according to a quota policy developed by the EPNL and approved by the minister.

Marketing by non quota holders

     18. A non-quota holder shall not produce or market eggs without a non-quota holder certificate but shall report to the Egg Producers of Newfoundland and Labrador in the manner prescribed by the EPNL.

PART IV
HATCHING

Quota for surplus hatching eggs

     19. Producers of hatching eggs may be allotted a marketing quota at the discretion of the EPNL but only for eggs which are surplus to hatching requirements.

Operation prohibited

     20. Producers of hatching eggs or growers of chicks shall not market eggs for consumption or industrial use without first obtaining a quota certificate from the EPNL.

Reports required

     21. Producers of hatching eggs issued a marketing quota under section 19 shall report on marketing activities in the manner prescribed by the EPNL.

PART V
GENERAL

Flock replacement

     22. A producer shall not replace chicks, pullets or layers for laying flock replacement or for other purposes without having first obtained a permit issued by the Egg Producers of Newfoundland and Labrador and shall not sell, ship or move chicks, pullets or layers to a producer who has not been issued a permit.

Permit required

     23. A permit shall be required by a producer whether the product is produced by the producer for his or her own use or sale, or purchased from a commercial hatchery or grower located in or outside the province.

Permits to purchase required

     24. All producers shall obtain a permit to purchase chicks, pullets or layers and that permit shall not be issued to a person who is in violation of the Act, Egg Scheme, 2000, or any regulations made under it.

Egg production by non quota holder

     25. Eggs produced by a quota holder, a non-quota holder and an unregulated producer shall form part of the provincial allotment to the province as its share of the national egg market.

Fair pricing required

     26. A person shall not market eggs in the province at a price less than the aggregate of

             (a)  the price charged at or about the same time for eggs of an equivalent variety, class, grade or package in the province or other geographical area in which the eggs are produced; and

             (b)  reasonable transportation charges to the place where the eggs are marketed and that are incurred by the person marketing the eggs.

Records

     27. (1) A producer or his or her marketing agent shall maintain complete and up to date records of his or her flock inventory, egg production and egg marketing.

             (2)  A producer shall, on a form prescribed by the Egg Producers of Newfoundland and Labrador report to the Egg Producers of Newfoundland and Labrador

             (a)  his or her flock inventory on a monthly basis; and

             (b)  his or her egg production on a weekly basis.

             (3)  A report made under paragraph (2)(b) shall be received by the Egg Producers of Newfoundland and Labrador no later than 10 days following the week for which it is made.

Identification of eggs

     28. (1) Eggs shall be sold in containers which bear the identification imprint of the Egg Producers of Newfoundland and Labrador.

             (2)  Containers required under subsection (1) shall not be reused.

Excess quota penalty

     29. (1) A producer who houses layers in excess of 102% of his or her quota as evidenced by his or her quota certificate shall pay a penalty of $1 per bird per week for each bird in excess of 100% of the quota.

             (2)  If, as prescribed by the Liquidated Damages Agreement with the Canadian Egg Marketing Agency the province is required to pay a penalty for over production by producers, the producers who have over produced as described in subsection (1) shall contribute to the payment of that penalty on a proportional basis as prescribed by the EPNL.

PART VI
OFFENCE

Offence

     30. A person who produces or markets eggs in the province contrary to the Egg Scheme, 2000 or any Order or regulation made under that scheme shall be guilty of an offence under the Act.

PART VII
REPEAL

Repeal

      31. The Miscellaneous Provisions Regulations, Consolidated Newfoundland Regulation 1169/96 and the Newfoundland Egg Marketing Board Consolidated Order, Consolidated Newfoundland Regulation 1185/96, are repealed.