NEWFOUNDLAND AND LABRADOR
REGULATION 58/09

Assessment of Over-Marketing Regulations, 2009
under the
Newfoundland and Labrador Chicken Marketing Scheme
and
Natural Products Marketing Act

(Filed July 15, 2009)

Under the authority of the powers conferred by subparagraph 5(1)(b)(xi) and section 6 of the Newfoundland and Labrador Chicken Marketing Scheme, and the Natural Products Marketing Act, the Chicken Farmers of Newfoundland and Labrador makes the following regulations.

Dated at St. John's, July 9, 2009.

Ron Walsh, Secretary Manager
Chicken Farmers of Newfoundland and Labrador

REGULATIONS

Analysis

        1.   Short title

        2.   Definitions

        3.   Over-marketing by producer

        4.   Payment of charges

        5.   Repeal

Short title

        1. These regulations may be cited as the Assessment of Over-Marketing Regulations, 2009.

Definitions

        2. In these regulations

             (a)  "A-92" means an 8 week production period from June 21, 2009 to August 15, 2009 inclusive;

             (b)  "A-93" means an 8 week production period from August 16, 2009 to October 10, 2009 inclusive;

             (c)  "audit period" means 2 consecutive production periods, beginning with periods A-92 and A-93, and every subsequent consecutive 2 production periods after that; 

             (d)  "contract grower" means a person who enters into an agreement with a producer who holds a production licence to raise and grow chicken for marketing to that production licence holder;

             (e)  "production licence" means a licence issued by the commodity board to a producer with the assent of the minister authorizing the producer to engage in the raising and growing of a specified amount of quota in the province for commercial use, or to enter into an agreement with a contract grower to produce the same; and

              (f)  "production period" means a period during which chicken produced in the province is authorized to be marketed.

Over-marketing by producer

        3. A producer who markets in excess of 102% of the number of kilograms, live weight, of chicken indicated on that producer's production licences for an audit period shall

             (a)  in the year immediately following the year of over-marketing have the production quota indicated on that producer's production licences reduced by one kilogram, live weight, for every kilogram of chicken, live weight, over-marketed by that producer in the previous year; and

             (b)  in addition to the fees, levies or charges previously imposed under the Newfoundland and Labrador Chicken Marketing Scheme, pay to the commodity board

                      (i)  a charge of $0.44 for each kilogram marketed by the producer in the audit period in excess of 102% of the number of kilograms, live weight, of chicken indicated on that producer's production licences, and

                     (ii)  an additional charge of $0.44 for each kilogram marketed by the producer in the audit period in excess of 104% of the number of kilograms, live weight, of chicken indicated on that producer's production licences.

Payment of charges

        4. A producer shall pay to the commodity board at its office charges payable by the producer under paragraph 3(b) not later than March 15 in the year immediately following the year of over-marketing.

Repeal

        5. The Assessment of Over-Marketing Regulations, Consolidated Newfoundland and Labrador Regulation 1171/96, are repealed.

©Earl G. Tucker, Queen's Printer