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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1169/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1169/96

Miscellaneous Provisions Regulations
under the
Natural Products Marketing Act
(O.C. 96‑940)

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.

REGULATIONS

Analysis


        1.   Short title

        2.   Definition

        3.   Inspectors and officers

        4.   Quotas

        5.   Service charges

        6.   Licences

        7.   Repeal


Short title

        1. These regulations may be cited as the Miscellaneous Provisions Regulations.

279/78 s1

Definition

         2 In these regulations "Act" means the Natural Products Marketing Act.

279/78 s1

Inspectors and officers

        3. (1) Inspectors appointed under the Act may go upon and enter into land and premises used or operated for the purpose of marketing a regulated product, and may examine the product and documents held by a person pertaining to the product to ensure that it is being marketed in accordance with the scheme in force in respect of that product.

             (2)  It shall be the duty of inspectors, or other officers of the board that are designated by it for the purpose,

             (a)  to inspect regulated products and the packages and containers in which the products are kept;

             (b)  to mark or stamp or cause to have marked or stamped the packages or containers with the marks or stamps that are required by the scheme pertaining to the regulated product;

             (c)  to receive on demand the production of permits issued by the board; and

             (d)  to seize and detain products not being marketed in accordance with a scheme if power of seizure and detention is provided for in the scheme.

             (3)  A person shall not obstruct or interfere with an inspector or officer of the board in carrying out his or her functions and duties under the Act or these regulations.

279/78 s2

Quotas

        4. (1) The board may in administering a scheme under the Act make provision by orders published in the Gazette for the allocation of marketing quotas to persons or classified groups of persons engaged in the marketing of a regulated product, based upon the quantity of product which may be marketed by each producer in relation to the total production of the regulated product within the province or area of the province covered by the scheme, or other equitable basis that the board may consider appropriate, with power to refuse to issue quotas and to cancel or suspend quotas already issued so that the issue of quotas is not discriminatory.

             (2)  A person aggrieved by a decision of the board respecting the refusal to allot to him or her a quota or the cancellation or suspension of a quota for the marketing of a regulated product shall be afforded an opportunity of appearing before the board to show cause why the quota should not be refused, cancelled or suspended.

             (3)  A person marketing a regulated product to which subsection (2) applies without a quota or in excess of the quota fixed or allotted to him or her is considered to be marketing the product in violation of the scheme in respect of which the quota is issued.

279/78 s3

Service charges

        5. (1) The board may by order published in the Gazette fix a service charge not exceeding $0.03 per dozen eggs marketed based on an annual lay of a minimum of 20 dozen eggs per hen per year under a scheme in force for the marketing of eggs in the province.

             (2)  The service charges fixed under subsection (1) shall be paid to the board in the manner set out in the order which may include payment by the issuance of stamps

             (a)  in the case of a regulated product produced within the province by or on behalf of the producer of that product; or

             (b)  in the case of the regulated product produced outside the province by the person marketing the product for retail sale, to a retailer or caterer located within the province,

within the time and subject to the conditions set out in the order.

             (3)  Notwithstanding subsection (2), where a local board or a commodity board is constituted under a scheme which confers power on that local board or commodity board to fix, impose and collect service charges, the powers conferred by this section on the board may, subject to the terms of the scheme, be exercised by the local board or the commodity board.

279/78 s4; 169/79 s1

Licences

        6. (1) Subject to the Act, the board may by order published in the Gazette require that a producer and wholesaler or either of them shall not market eggs within the province unless there has been issued to that producer or wholesaler a licence in accordance with this section.

             (2)  An application for a licence shall be made in the form prescribed by the minister and shall be submitted to the local board together with a licence fee as prescribed by the minister.

             (3)  A licence issued under this section by the board shall terminate on December 31 in the year of issue and shall be in the form prescribed by the minister.

             (4)  It is a condition of the issue of a licence under this section that a wholesaler to whom a licence has been issued shall not engage in the sale of eggs to consumers.

             (5)  Where a local board is constituted under a scheme which confers power on that local board to licence producers and wholesalers or either of them engaged in the marketing of the product, the power conferred by this section on the board may be exercised by the local board but without prejudice to and subject always to the terms of the scheme and this section.

279/78 s5

Repeal

        7. The Natural Products Marketing (Newfoundland) (Miscellaneous Provisions) Regulations, 1970, Newfoundland Regulation 279/78, are repealed.