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Consolidated Newfoundland Regulation 1996


CONSOLIDATED NEWFOUNDLAND REGULATION 1185/96

CONSOLIDATED NEWFOUNDLAND REGULATION 1185/96

Newfoundland Egg Marketing Board Consolidated Order
under the
Newfoundland Egg Marketing Scheme
and
Natural Products Marketing Act
(O.C. 96‑940)

Under the authority of section 8 of the Newfoundland Egg Marketing Scheme, the Natural Products Marketing Act and the Subordinate Legislation Revision and Consolidation Act, the Lieutenant‑Governor in Council makes the following Order.

ORDER

Analysis


        1.   Short title

        2.   Definitions

        3.   Non‑application and prohibition

        4.   Egg prices

        5.   Under pricing prohibited

        6.   Combined commodity marketing

        7.   Gift or sale

        8.   Identification required

        9.   Identification label

      10.   Transfer prohibited

      11.   Alteration or reuse prohibited

      12.   Duties and powers of inspectors

      13.   Inspection and detention of eggs

      14.   Seizure and removal of eggs

      15.   Inspection, seizure and detention by inspector

      16.   Inspection of vehicles

      17.   Service charge

      18.   General service charge

      19.   Surplus removal service charge

      20.   Exemption from service charges

      21.   Exemption not approved

      22.   Levy

      23.   Timing of levy and service charge

      24.   Calculation of payment

      25.   Post‑dated cheques

      26.   N.S.F. cheques or accounts in arrears

      27.   Records

      28.   Refunds

      29.   Levy collection

      30.   CEMA levy

      31.   Charges to non‑quota holders

      32.   Manner of collection

      33.   Non‑application

      34.   Quota required

      35.   Registration number and certificate

      36.   Application for quota

      37.   Effective date

      38.   Duration of certificate

      39.   Quotas

      40.   Limits on quotas

      41.   Quota increase

      42.   Review of quotas

      43.   Marketing within quotas

      44.   Prohibition on producer

      45.   Marketing in excess of quota

      46.   Producer's price

      47.   Cancellation, suspension or variation

      48.   Powers of local board

      49.   Notice of action

      50.   Transfer of quota

      51.   Quota certificate required

      52.   Marketing by non‑quota holders

      53.   Quota determination

      54.   Quota transfer permitted

      55.   Transfer not in excess of original

      56.   Quota for surplus hatching eggs

      57.   Complete records required

      58.   Books and records required

      59.   Information required upon request

      60.   Marketing as producer prohibited

      61.   Fees

      62.   Separate licence required

      63.   Operation in different capacities

      64.   Licence expiration

      65.   Conditions of licence

      66.   Suspension, revocation or refusal of licence

      67.   Notice of suspension or revocation

      68.   Fair pricing required

      69.   Chicks, pullets and layers

      70.   Monthly report required

      71.   Timing of reports

      72.   Flock replacement

      73.   Permit to be required

      74.   Application for permit

      75.   Copy of permits

      76.   Excess layers prohibited

      77.   Permit to purchase required

      78.   Permit not issued

      79.   Operation prohibited

      80.   Reports as required

      81.   Egg production by non‑quota holder

      82.   Offence

      83.   Repeal

Schedule A

Schedule B

Schedule C


Short title

        1. This Order may be known as the Newfoundland Egg Marketing Board Consolidated Order.

360/78 s1

Definitions

        2. In this Order

             (a)  "Act" means the Natural Products Marketing Act;

             (b)  "agency" means the Canadian Egg Marketing Agency;

             (c)  "basic quota" means a quota allotted by the local board to a producer as his or her share of the total allotment to the province by the agency;

             (d)  "board" means the Agricultural Products Marketing Board;

             (e)  "caterer" means a person who buys the regulated product for resale in a form to a consumer on premises owned or occupied by him or her in serving food to the public;

              (f)  "chick" means a hen not more than one month old;

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

             (h)  "commodity board" means the Newfoundland Egg Marketing Board;

              (i)  "container" means a consumer egg carton containing one dozen eggs;

              (j)  "designated agency" means an agency designated by the local board as the agency by or through which the regulated product may be marketed;

             (k)  "domestic hen" means the hen of a class of the domestic chicken belonging to the species Gallus Domesticus;

              (l)  "egg" means the egg of the domestic hen;

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

             (n)  "grading station operator" means a person who washes, grades, packs, offers for sale, sells, stores, transports or markets eggs and includes

                      (i)  a commodity board when applicable, and

                     (ii)  a producer‑vendor;

             (o)  "grower" means a person who raises chicks, pullets or layers for sale or for his or her own use;

             (p)  "identification label" shall have a similar meaning to that of the identification stamp, except that it shall be of a larger size than the identification stamp and shall be used only on boxes containing 15 dozen eggs;

             (q)  "identification stamp" means a stamp showing the logo of the Newfoundland Egg Marketing Board which has been affixed to a container by the producer or his or her marketing agent or imprinted on the container by the manufacturer of the container under authorization by the Newfoundland Egg Marketing Board before the eggs are marketed;

              (r)  "immediate family" means mother, father, son, daughter, daughter‑in‑law, son‑in‑law, step‑son and common‑law husband or wife;

             (s)  "inspector" means an inspector appointed, either

                      (i)  by the local board under paragraph 6(3)(b) of the plan, or

                     (ii)  by the board under the provisions of the Miscellaneous Provisions Regulations,

                    (iii)  by the minister under subsection 8(1) of the Act;

              (t)  "layer" means a hen 20 weeks of age or older;

             (u)  "local board" means the Newfoundland Egg Marketing Board;

             (v)  "marketing" includes advertising, buying, selling, storing, packing, processing, shipping, transporting, shipping for sale or storage, and includes sale by hawkers, peddlers, traders and a commodity board;

            (w)  "marketing quota" means the number of dozens of eggs a producer is entitled to market in a specified period of time and may be stated as a percentage of basic quota or in number of dozens of eggs;

             (x)  "minister" means the minister appointed under the Executive Council Act to administer the Act;

             (y)  "non‑quota holder" means a producer who after June 19, 1992 owns less than 100 hens, or a producer who on or before June 19, 1992 owns less than 499 hens, and was engaged in the production of eggs, but who did not hold a quota issued by the local board for the marketing of eggs evidenced by a valid and current quota certificate;

             (z)  "normal marketing channels" means sales of eggs by producers to processors or by producer‑vendors to processors, wholesalers, retailers, caterers or consumers;

           (aa)  "over quota eggs" means eggs produced or marketed in excess of the producers allotted marketing quota in a specified period of time;

          (bb)  "permit" means a permit issued by the Newfoundland Egg Marketing Board;

           (cc)  "person" includes a body of persons whether incorporated or not;

          (dd)  "plan" means the Newfoundland Egg Marketing Scheme;

           (ee)  "premises" means a facility for producing or marketing eggs or lands, buildings and equipment used by a person for producing chicks, pullets or layers;

            (ff)  "processor" means a person who packs or changes the nature of the product by mechanical or other means and markets, grades, offers for sale, sells, stores or transports the product either in processed or manufactured form and in appropriate cases shall include the local board or a designated agency and a production‑vendor;

          (gg)  "producer" means a person engaged in the production of eggs and shall include a producer‑vendor;

          (hh)  "producer‑vendor" means a producer who grades, packs or markets all or a portion of the product produced by him or her;

             (ii)  "product" means all classes of eggs of the domestic hen;

             (jj)  "pullet" means a female hen not more than 20 weeks of age;

           (kk)  "quota" means the number of dozens of eggs that an egg producer is entitled to market or that may be marketed on his or her behalf through normal marketing channels, determined in accordance with Schedule A of this Order, less the number of dozens of eggs marketed by him or her or on his or her behalf in interprovincial and export trade during a specified period of time;

             (ll)  "quota certificate" means

                      (i)  a document issued to a producer certifying the quota issued to him or her, or

                     (ii)  a list containing the names of all producers and certifying the quota assigned to each producer;

         (mm)  "quota holder" means a person who holds a quota issued by the local board for the marketing of eggs evidenced by a valid and a current quota certificate issued by the local board;

          (nn)  "regulated area" means the whole of the province;

          (oo)  "regulated producer" means a producer who owns 500 or more layers and located within the province;

          (pp)  "regulated product" means a natural product as defined in the Act in respect of which a scheme is in force in a regulated area;

          (qq)  "reports" means reports made on prescribed forms by egg producers and operators of commercial hatcheries or other persons as required by the Newfoundland Egg Marketing Board on numbers of eggs, chicks, pullets or layers produced, bought, sold or otherwise procured or disposed of during a specific period of time by the producer, operators or other persons;

            (rr)  "retailer" means a person who buys the regulated product for resale to a consumer, but does not include a co‑operative of registered producers or agents selling for a registered producer;

           (ss)  "scheme" means a scheme or plan for the marketing or regulating of a natural product which is established under the Act;

            (tt)  "unregulated producer" means a producer who owns less than 500 layers and located within the province;

          (uu)  "vehicle" means a motor vehicle, wagon, railway car, ship, boat or other thing in which the regulated products can be transported;

          (vv)  "wholesaler" means a person who buys the product for resale to a person other than a consumer, but does not include a co‑operative of registered producers or agents selling for a registered producer; and

         (ww)  "within quota eggs" means eggs marketed by a producer within the limit of his or her allotted marketing quota in a specified period of time.

360/78 s2; 62/83 s2; 229/83 s2; 195/85 s2; 79/88 s2; 130/92 ss2&3

Non‑application and prohibition

        3. (1) A producer who owns less than 100 layers shall not be affected by the scheme except as expressly set out.

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

130/92 s4

Egg prices

        4. A producer shall not market eggs for less than the prices for ungraded eggs by grade as set out in the following form as ordered by the Newfoundland Egg Marketing Board in Schedule C:

 

GRADES OF EGGS

PRICE TO PRODUCER
PER DOZEN

Canada Grade A Extra Large

 

Canada Grade A Large

 

Canada Grade A Medium

 

Canada Grade A Small

 

Canada Grade B

 

Canada Grade Cracks

 

360/78 s4

Under pricing prohibited

        5. A wholesaler, caterer or retailer shall not buy eggs from a producer at prices less than those established by orders of the Newfoundland Egg Marketing Board.

360/78 s5

Combined commodity marketing

        6. A producer, wholesaler or retailer shall not market eggs in combination with another commodity at a combined price or at prices not applicable to the purchase of the commodities individually.

360/78 s6

Gift or sale

        7. A producer, wholesaler or retailer shall not market eggs contemporaneously with a gift or sale of a thing of value including eggs.

360/78 s7

Identification required

        8. A person may not sell and a person may not buy eggs, except producers who are not affected by the scheme, the containers or boxes of which are not identified by the identification stamp or the identification label of the Newfoundland Egg Marketing Board.

195/85 s4

Identification label

        9. When eggs are sold in trays in boxes of 15 dozen, each box shall be identified by the identification label issued by the Newfoundland Egg Marketing Board and placed on it by the producer or his or her marketing agent in a manner so that the labels are torn by the opening of the box.

195/85 s4

Transfer prohibited

     10. Identification stamps and labels are not transferable from one producer to another except when sales of eggs are made from one producer to another when the eggs must be accompanied by the appropriate number of stamps and labels including imprinted containers.

195/85 s4

Alteration or reuse prohibited

     11. A person shall not remove, alter, mutilate or destroy an identification stamp which has been issued by the Newfoundland Egg Marketing Board and which has been affixed to a container in which eggs are being marketed, or which has been imprinted on the egg container and a person shall not reuse a container to which an identification stamp has been affixed or imprinted, nor shall used identification stamps be affixed to new containers, in the marketing of eggs.

195/85 s4

Duties and powers of inspectors

     12. (1) Inspectors appointed under the Act may at a reasonable time go upon and enter into any land, premises, buildings or vehicle used or operated for the purpose of marketing regulated products, and may examine the products and documents held by a person pertaining to the products to ensure that they are being marketed in accordance with the scheme in force in respect of that product.

             (2)  It shall be the duty of inspectors to inspect regulated products and the packages and containers in which the products are kept, to receive on demand the permits, licences, quota certificates issued by the local board or the board and to seize, detain or dispose of, if necessary, all products not being marketed in accordance with the scheme.

             (3)  A person shall not obstruct or interfere with an inspector or officer of the board or of the local board in carrying out his or her functions and duties under or by virtue of the Act, or orders made under it.

360/78 s14

Inspection and detention of eggs

     13. Eggs which do not conform to the requirements of the scheme or orders made under it respecting stamping or other marketing conditions shall be detained on inspection for a period of not more than 48 hours from the hour and date of the inspectors certificate of inspection and detention, providing that the inspector shall release the product for marketing at any time that the requirements have been met within the 48 hour period.

360/78 s15

Seizure and removal of eggs

     14. (1) If after the 48 hour period the requirements of the scheme respecting the marketing of eggs have not been met, the inspector on further inspection shall seize and remove the eggs for disposal from the land, premises, building or vehicle where the eggs were first detained.

             (2)  All eggs referred to in subsection (1) shall be marketed at the expense of the producer or person on whose land, premises, building or vehicle the eggs were first detained, and proceeds remaining after the expenses have been met shall be passed over to the producer or person within a reasonable period of time.

360/78 s16

Inspection, seizure and detention by inspector

     15. (1) The local board shall require a person to permit an inspector appointed by the local board for those purposes to inspect property on which domestic hens are kept or suspected of being kept and to permit entry by the inspector upon any property and into a building or structure for the purpose of carrying out an inspection.

             (2)  An inspector appointed by the local board may seize, detain and dispose of a product found on property under inspection under subsection (2) which are not being produced or marketed in accordance with the Newfoundland Egg Marketing Scheme.

229/83 ss3&4

Inspection of vehicles

     16. An inspector may require the person in charge of a vehicle thought to be conveying a regulated product to stop the vehicle and to permit the inspector to inspect the vehicle and its contents.

360/78 s17

Service charge

     17. (1) This section shall not apply to a producer in the province who owns less than 500 hens.

             (2)  A service charge of $0.03 a dozen on all eggs marketed as provided for by the Miscellaneous Provisions Regulations will be made by the Newfoundland Egg Marketing Board under the authority of the Newfoundland Egg Marketing Scheme and those charges shall be imposed on each producer and paid to the Newfoundland Egg Marketing Board by the producer or his or her marketing agent under the terms and conditions as set out in sections 18 to 29.

79/88 ss3&4

General service charge

     18. A service charge, "the general service charge", per dozen of eggs on all sizes and grades of shell eggs shall be imposed on each producer or his or her marketing agent by the Newfoundland Egg Marketing Board at a fixed rate of lay of 22 dozen eggs per hen per year from the number of hens comprising each producer's egg marketing quota by the Newfoundland Egg Marketing Board.

258/91

Surplus removal service charge

     19. A further service charge, "the surplus removal service charge", per dozen of eggs on all sizes and grades of shell eggs shall be imposed on each producer or his or her marketing agent by the Newfoundland Egg Marketing Board at a fixed rate of lay of 22 dozen eggs per hen per year for the number of eggs comprising each producer's egg marketing quota by the Newfoundland Egg Marketing Board for the purpose of funding the Provincial Surplus Removal Program.

258/91

Exemption from service charges

     20. Notwithstanding the provisions of sections 18 and 19, the board may approve, on application in writing by a producer or marketing agent, an exemption from the requirement to pay all or part of the service charges imposed by sections 18 and 19 if the producer or marketing agent establishes to the satisfaction of the board the existence of one of the following extenuating circumstances:

             (a)  the loss or incapacitation of a flock, equipment or building or some portion of it by a producer;

             (b)  the non‑arrival of replacement pullets where a producer has suffered an event enumerated in paragraph (a) or where the producer has suffered an accidental loss of replacement pullets in transit to a producer; or

             (c)  where new quota is acquired by either a new or existing producer, the necessity to provide a reasonable time for the growing of pullets, acquisition of equipment or construction of buildings that may be required by the new quota holder; and

             (d)  other extenuating circumstances that the board may approve in its absolute discretion.

258/91

Exemption not approved

     21. The board 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.

258/91

Levy

     22. A levy per dozen of eggs as required by the agency shall be imposed on each producer or his or her marketing agent on all sizes and grades of shell eggs as reported to have been marketed under the Newfoundland Egg Marketing Scheme.

258/91

Timing of levy and service charge

     23. The service charges and levy so imposed shall when identification stamps and labels are affixed to the egg container or box be paid to the Newfoundland Egg Marketing Board by the producer or his or her marketing agent on a cash on delivery basis through the purchase of identification stamps and labels and the stamps and labels shall be affixed to the egg containers and boxes by the producer or his or her marketing agent before the product is sold to either a retailer, caterer or wholesaler.

258/91

Calculation of payment

     24. (1) The service charges and levy so imposed shall, when the identification stamps are imprinted on the egg container, be paid to the Newfoundland Egg Marketing Board by the producer or his or her marketing agent by the delivery to the manager of the Newfoundland Egg Marketing Board at St. John's, Newfoundland, of a series of 13 post‑dated cheques, the amount of which shall be calculated by the formula referred to in subsection (2).

             (2)  Service charges and the levy referred to in subsection (1) shall be calculated by multiplying the producer's hen quota by the rate of lay of each hen per year at 22, and again multiplying the result by the combined service charges and levy and then dividing the whole by 13 to get a result in dollars and cents per period, a period consists of 28 days or 4 weeks.

258/91

Post‑dated cheques

     25. The post‑dated cheques shall be dated and honoured respectively on the first day of Period #1 of each year, and every 28 days or 4 weeks after that until the first day of Period #1 of the following year by which date a new and like series of 13 equal post‑dated cheques shall be provided to the manager of the Newfoundland Egg Marketing Board at St. John's, Newfoundland, by the producer or his or her marketing agent.

258/91

N.S.F. cheques or accounts in arrears

     26. (1) A producer whose post‑dated cheque is returned N.S.F. or whose additional billings are not paid within 30 days and 90 days respectively of the date of the N.S.F. cheque or the billing shall forfeit 1/13th of his or her hen quota for one year for every instance.

             (2)  A producer whose N.S.F. cheques or extra billing payment have not been cleared or paid within 12 months of the date of the N.S.F. cheque or the extra billing shall have all or a proportionate part of his or her hen quota cancelled permanently.

258/91

Records

     27. A producer or his or her marketing agent shall maintain complete and up‑to‑date records of his or her flock inventory on a monthly basis, egg production and egg marketing on a form to be provided by the Newfoundland Egg Marketing Board on a calendar weekly basis and shall mail or deliver the report so that it would reach the office of the manager of the Newfoundland Egg Marketing Board at St. John's, Newfoundland, not later than 10 days following the week for which the report is made.

258/91

Refunds

     28. (1) On the basis of the producer's weekly report and other records, including the monitoring of flocks, refunds will be made periodically to producers or their marketing agent for over‑payments to the Newfoundland Egg Marketing Board for the agency levy.

             (2)  Bills shall be made to producers or their marketing agents when there has been an increase in the rate of the agency levy or the general service charges or the surplus removal service charge.

             (3)  Charges or refunds shall be made to producers or their marketing agents in respect of the agency levy for all eggs marketed as reported in excess of the fixed rate of lay of 22 dozen eggs per hen per year.

61/92 s2

Levy collection

     29. The Newfoundland Egg Marketing Board shall collect the levy imposed by the agency at the same time in the same manner as the service charges are collected.

258/91

CEMA levy

     30. (1) This section shall not apply to a producer in the province who owns less than 100 hens.

             (2)  A CEMA levy is imposed on each producer commencing December 26, 1993, of 13.5 cents per dozen of eggs, less the number of dozens of eggs, marketed by him or her, marketed in interprovincial and export trade.

             (3)  The levy imposed by subsection (2) shall, where the eggs are sold or otherwise disposed of,

             (a)  to a person who is not a grading station operator, be paid by the producer; or

             (b)  to a grading station operator, be collected by the grading station operator to whom they are delivered by the grading station operator deducting the amount of levy from the money payable by him or her to the producers for the eggs.

             (4)  The levies referred to in paragraphs (3)(a) and (b) shall be paid by the producer or grading station operator to the Newfoundland Egg Marketing Board at the address and at the times and in the manner that the board may direct.

             (5)  The levy imposed by this section is in addition to the service charge referred to in section 17 and the surplus removal service charge referred to in section 19.

41/94 ss3‑5

Charges to non‑quota holders

     31. (1) The Newfoundland Egg Marketing Board may impose on non‑quota holders the levies and charges set out in sections 18, 19, 20 and 22.

             (2)  The Newfoundland Egg Marketing Board may further in its discretion require that the levies and service charges be collected from non‑quota holder producers in the manner set out in sections 23 to 29.

130/92 s5

Manner of collection

     32. The commodity board for each province having concurred, the agency has appointed each commodity board to collect on behalf of the agency the levies imposed by the orders of the agency which may be made.

360/78 s20

Non‑application

     33. This Order does not apply to a non‑quota holder or to

             (a)  eggs that are used for hatching purposes; or

             (b)  hens that are not used for laying eggs.

130/92 s6

Quota required

     34. A producer shall not market eggs in intraprovincial trade unless a quota has been assigned to him or her by the local board.

360/78 s22

Registration number and certificate

     35. A producer is not entitled to a quota unless the local board has issued to him or her

             (a)  a registration number; and

             (b)  a quota certificate.

360/78 s23

Application for quota

     36. A producer is not entitled to a quota certificate or to an amended quota certificate unless he or she has filed with the local board an application on a form approved by the local board applying for a quota certificate or an amended quota certificate.

360/78 s24

Effective date

     37. A quota certificate or an amended quota certificate becomes effective on the date stated on it.

360/78 s25

Duration of certificate

     38. A quota certificate shall remain in force for the period specified on the certificate unless revoked or amended earlier.

360/78 s26

Quotas

     39. Subject to section 38, the quota assigned to a producer shall be the total number of dozens of eggs that may be marketed by him or her determined in accordance with Schedules A and B of this Order, less the number of dozens of eggs that may be marketed by him or her or on his or her behalf under an interprovincial or export quota system of the agency.

360/78 s27

Limits on quotas

     40. A producer shall not obtain a quota that together with

             (a)  all quotas already assigned in the province in the same year;

             (b)  the number of dozens of eggs produced by all the classes of producers in the province and authorized to be marketed in interprovincial or export trade in the same year under quotas assigned by the agency; and

             (c)  the number of dozens of eggs produced in the province and anticipated to be marketed in the same year other than as authorized by a quota assigned by the local board or the agency,

exceeds the number of dozens of eggs set out in section 3 of Schedule B of the Newfoundland Egg Marketing Scheme.

360/78 s28

Quota increase

     41. A producer to whom a quota has been assigned shall not obtain a quota increase except in accordance with section 4 of Schedule B of the Newfoundland Egg Marketing Scheme.

360/78 s29

Review of quotas

     42. For the purpose of insuring compliance with sections 40 and 41, the local board 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.

360/78 s30

Marketing within quotas

     43. The local board may, by notice in writing, in respect of a week or other period as it may specify, assign to producers the portion that it may think appropriate of their quota in respect of that week or other period.

360/78 s31

Prohibition on producer

     44. A producer shall not

             (a)  during the period of time specified in his or her quota market eggs in excess of his or her quota; or

             (b)  during the week or other period specified in a notice given to him or her by the local board under section 43, exceed the portion of his or her quota assigned in that notice.

360/78 s32

Marketing in excess of quota

     45. Notwithstanding section 44, a producer who has eggs available to be marketed in excess of his or her quota or a portion of his or her quota assigned to him or her in a notice under section 43 shall

             (a)  inform the local board of the amount of eggs available to be marketed in excess of his or her quota or portion of it; and

             (b)  deliver the eggs to the local board under directives issued by the local board.

360/78 s33

Producer's price

     46. When a producer has delivered eggs under section 45, he or she shall not be entitled to a price in excess of the difference between the price realized by the local board in the marketing of those eggs and its expenses related to the marketing.

360/78 s34

Cancellation, suspension or variation

     47. The local board may

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

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

                      (i)  to pay to the local board charges or levies imposed by the Canadian Egg Marketing Levies Order, or

                     (ii)  to comply with a provision of this Order, and regulations or order of the agency or an order or regulation of the agency or the local board.

360/78 s35

Powers of local board

     48. The local board shall

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

             (b)  revoke or amend the quota certificate of a producer whose entitlement to market or to have marketed on his or her behalf eggs in interprovincial or export trade has been cancelled, suspended or varied by the agency.

360/78 s36

Notice of action

     49. Notice clearly stating the reason for an intended action under sections 47 and 48 shall be given to the producer by registered mail addressed to him or her at his or her address recorded in the books of the local board and the notice shall fix a time of not less than 14 days from the mailing of it for compliance or reply.

360/78 s37

Transfer of quota

     50. Quota shall be

             (a)  transferred; or

             (b)  surrendered and reassigned in accordance with Schedule B of this Order.

360/78 s38

Quota certificate required

     51. A producer, except a non‑quota holder, shall not market eggs in the province unless a quota certificate has been issued to him or her by the local board.

130/92 s7

Marketing by non‑quota holders

     52. A non‑quota holder may market eggs without a quota certificate but shall report quarterly to the local board on a prescribed form all eggs produced and all eggs marketed by him or her when required to do so by the local board.

130/92 s7

Quota determination

     53. In determining quotas, the local board shall use the rate of production per hen per year for both regulated and unregulated egg producers as officially approved by the agency.

360/78 s41

Quota transfer permitted

     54. The local board may transfer all or a portion of the basic quota of an egg production facility to a member of the immediate family of a deceased or disabled quota holder or to the person acquiring possession of the facility and the person shall make application to the local board for the transfer of the quota.

360/78 s42

Transfer not in excess of original

     55. The local board shall not reissue a quota certificate in a transfer of quota in excess of that held by the original quota holder.

360/78 s43

Quota for surplus hatching eggs

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

360/78 s44

Complete records required

     57. Every person engaged in the production of eggs for, or the marketing of eggs in, interprovincial or export trade shall maintain and keep complete and accurate books and records of all matters relating to the production or marketing.

360/78 s46

Books and records required

     58. Every person referred to in section 57 shall submit to the agency, at periods fixed by the agency, all books and records referred to in that section.

360/78 s47

Information required upon request

     59. Every person referred to in section 57 shall upon request from the agency submit to it information relating to the production or marketing of eggs as the agency may reasonably require.

360/78 s48

Marketing as producer prohibited

     60. A person shall not engage in the marketing of eggs in interprovincial or export trade as a producer, grading station operator, producer‑vendor or processor unless he or she holds the appropriate licence and pays to the agency annually the fee prescribed by the section for that licence.

360/78 s49

Fees

     61. (1) The types of licences are:

             (a)  producer's licence;

             (b)  grading station operator's licence;

             (c)  producer‑vendor; and

             (d)  processor's licence.

             (2)  The fees for licences referred to in subsection (1) shall be prescribed by the minister.

360/78 s50

Separate licence required

     62. A person engaged in the marketing of eggs in interprovincial or export trade, other than as a producer, shall obtain a separate licence for each building or place of storage used for the operation.

360/78 s51

Operation in different capacities

     63. Where a person operates in more than one capacity in the marketing of eggs, he or she shall apply to the agency for a licence for each capacity.

360/78 s52

Licence expiration

     64. Every licence issued shall expire on the annual anniversary date next following its issue.

360/78 s53

Conditions of licence

     65. Every licence shall be issued subject to the following conditions:

             (a)  the licensee shall provide to the agency reports and information as the agency may require;

             (b)  the licensee shall permit the agency, its employees or agents to inspect the licensee's premises and records; and

             (c)  the licensee shall at all times during the term of the licence comply with orders and regulations of the council or agency.

360/78 s54

Suspension, revocation or refusal of licence

     66. The agency may suspend, revoke or refuse to issue a licence where the applicant or licensee is not qualified by experience, financial responsibility or equipment to engage properly in the business for which application is made or where the applicant or licensee has failed to observe, perform or carry out a condition of the licence.

360/78 s55

Notice of suspension or revocation

     67. Where the agency intends to suspend or revoke a licence, the agency shall give to the licensee by registered mail addressed to him or her at his or her address recorded in the books of the agency notice of its intention to suspend or revoke the licence and the notice shall fix a time to not less than 14 days from the mailing of it for the licence to show cause why the licence should not be suspended or revoked.

360/78 s56

Fair pricing required

     68. A person shall not market eggs in a province other than the province in which the eggs are produced at a price that is less than the aggregate of

             (a)  the price charged at or about the same time for eggs of an equivalent variety, class or grade 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.

360/78 s57

Chicks, pullets and layers

     69. A producer shall not keep on his or her premises a greater number of layers than that stated in the basic quota applicable to his or her laying facility at that time.

360/78 s58

Monthly report required

     70. All quota holders shall complete and forward a monthly report to the registered office of the Newfoundland Egg Marketing Board on a prescribed form showing the number of chicks, pullets and layers, including hens which are in molt, on his or her premises and other information that may be requested on the form for the period in respect of which the report is being made.

360/78 s59

Timing of reports

     71. Reports as required under section 70 shall be mailed to reach the registered office of the Newfoundland Egg Marketing Board no later than the 15th day of the month following that for which the report is made.

360/78 s60

Flock replacement

     72. A quota holder shall not replace chicks, pullets or layers for laying flock replacement or for other purposes without having first procured a permit issued by the Newfoundland Egg Marketing Board and a person shall not sell, ship or move chicks, pullets or layers to a producer who has not been issued a permit.

360/78 s61

Permit to be required

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

360/78 s62

Application for permit

     74. An application for a permit shall be made on a prescribed form to the Newfoundland Egg Marketing Board and the applicant shall provide information that the local board may require.

360/78 s63

Copy of permits

     75. A copy of all permits shall be forwarded by the Newfoundland Egg Marketing Board to the hatchery or grower of chicks, pullets or layers who is to supply the product as authorized by the permit.

360/78 s64

Excess layers prohibited

     76. A permit shall not be issued which will result in excess layers to a quota holder.

360/78 s65

Permit to purchase required

     77. Permits to purchase chicks, pullets or layers shall be required by all new quota holders.

360/78 s66

Permit not issued

     78. A producer shall not be entitled to a permit from the Newfoundland Egg Marketing Board if

             (a)  the purchase might result in the production or marketing of eggs in excess of his or her quota;

             (b)  he or she is in arrears in the payment of charges or penalties imposed by the board or levies imposed by the agency and the board;

             (c)  he or she has failed to submit reports to the board as required under sections 70 and 71;

             (d)  he or she is unwilling to allow the board or the agency to count the number of chicks, pullets or layers in his or her egg production facility when the requests are made at reasonable times;

             (e)  he or she is otherwise in violation of the Newfoundland Egg Marketing Plan or the National Egg Marketing Plan and orders and regulations made under them by the Newfoundland Egg Marketing Board, the board or the agency.

360/78 s67

Operation prohibited

     79. A commercial hatchery or grower of chicks, pullets or layers shall not operate without a licence issued by the Newfoundland Egg Marketing Board.

360/78 s68

Reports as required

     80. All commercial hatcheries and growers of pullets or layers shall report on all sales, transfers or other movements of chicks, pullets or layers as required under the terms and conditions of the permit or licence granted by the Newfoundland Egg Marketing Board.

360/78 s69

Egg production by non‑quota holder

     81. Eggs produced by a non‑quota holder shall form part of the provincial allotment to the province as its share of the national egg market.

130/92 s8

Offence

     82. A person who markets eggs in the province contrary to the provisions of the Newfoundland Egg Marketing Scheme or contravenes an order or regulation of the local board shall be guilty of an offence under the Act and all orders and regulations made under it.

360/78 s71

Repeal

      83. The Newfoundland Egg Marketing Board Order, Newfoundland Regulation 360/78, the Newfoundland Egg Marketing Board Order No. 201, Newfoundland Regulation 229/83, the Newfoundland Egg Marketing Board No. 251, Newfoundland Regulation 79/88, the Newfoundland Egg Marketing Board Order No. 280, Newfoundland Regulation 182/90 and the Newfoundland Egg Marketing Board Order No. 320, Newfoundland Regulation 41/94, are repealed.


Schedule A

Initial quota determination

        1. Quotas shall be issued by the Newfoundland Egg Marketing Board to producers on the basis of the number of eggs produced and marketed in Newfoundland and Labrador during the calendar year for 1972 in accordance with the following formulae:

             (a)  each producer shall be considered to have produced and marketed the number of dozens of eggs recorded with respect to him or her with the Newfoundland Egg Marketing Board during the calendar year for 1972 under the Provincial Egg Marketing Scheme in force during that year with the addition that is provided in paragraphs (b) and (c), but if the number of dozens of eggs so recorded and considered to be increased as hereinafter provided exceeds the production capability of the facility operated by the producer, the number shall be reduced by the excess;

             (b)  where a producer did not record production by reason only of a reduction of his or her egg laying flock as to implement a fowl slaughter program during the calendar year for 1972, the producer shall be considered to have recorded production for the marketing of the number of eggs which would have been produced during the remainder of that year by the flock so reduced; and

             (c)  where a producer did not produce eggs during a part of the calendar year for 1972, the number of dozens recorded by the producer for the marketing of the eggs actually produced by him or her shall be considered to be increased by the number which would have been produced in the event that the producer had produced eggs for marketing during the whole of that year.

Cancellation or reduction of quota

        2. 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 the quota issued to him or her, for a period of 90 days, provided that if the total number of dozens of eggs allocated to the province by section 3 of Schedule B of the Newfoundland Egg Marketing Scheme is reduced, the holder of a quota for production of less than 100,000 dozen eggs per annum shall not be reduced.

New and increased quotas

        3. If, by application of sections 1 and 2 of this Schedule, quotas for the total number of dozens of eggs allocated to the province by section 3 of Schedule B of the Newfoundland Egg Marketing Scheme have not been issued to a producer, quotas to new producers and increased quotas to existing producers shall be issued with priority being given in the following order:

             (a)  10% of quotas to new producers with preference to producers operating or intending to operate within areas of the province where egg production is low or non‑existent;

             (b)  a producer whose existing quota is for production of less than 100,000 dozen eggs or more.

Limit of allotment

        4. A producer shall not be allotted an annual quota authorizing production for marketing of more than 1,440,000 dozen eggs, but if by the application of section 1 a producer would be entitled to an annual quota in excess of 1,440,000 dozen eggs, the excess quota may be issued but shall not be increased.

Apportionment of annual quotas

        5. The local board shall determine or cause to have determined at intervals the proportion of the annual quota to be applied by a producer holding the quota during each week and in making its determination, the local board shall take into account the records of past production of the producer and other producers, consumption tendencies, seasonal conditions, hatching practices and another matter which the local board considers relevant for the proper and efficient application of apportionment so as to ensure timely and efficient production of all producers holding quota and for the purposes each producer shall be bound to provide to the local board all relevant data and information relating to his or her egg production policy and intent within the period and covering the time as it shall determine.

360/78 Sch I; 80/91 s2; 102/95 s2


Schedule B

Transfer of quota

        1. A producer may assign a quota with the prior written consent of the local board, but no assignment shall be made to a producer

             (a)  as to enable the assignee to produce annually more than 1,440,000 dozen eggs; or

             (b)  unless the assignee has the facilities for production capability that will enable eggs to be produced up to the total of the quota being assigned together with existing quota as may be held by him or her.

360/78 Sch II; 80/91 s3; 102/95 s3


Schedule C

Egg Prices

 

GRADES OF EGGS

PRICE TO PRODUCER
PER DOZEN

Canada Grade A Extra Large

$1.31

Canada Grade A Large

$1.31

Canada Grade A Medium

$1.20

Canada Grade A Small

$0.81

Canada Grade A Peewee

$0.78

Canada Grade B

$1.08

Canada Grade Cracks

$1.09

182/90 s(c)