CONSOLIDATED NEWFOUNDLAND REGULATION 1192/96

Short title

1. This Order may be cited as the Newfoundland Vegetable Marketing Scheme.

195/83 s1

Definitions

2. In this Order

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

(b) "beet" refers to the species Beta vulgaris either in whole or in part;

(d) "cabbage" refers to the species Brassica olercia var capita either in whole or in part;

(e) "carrot" refers to the species Daucus carota var sativa either in whole or in part;

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

(g) "commodity board" means the Newfoundland Vegetable Marketing Board constituted under section 4;

(h) "peddler" means a person who sells or offers for sale directly to a consumer a regulated product from door to door, on the street or from a place other than a fixed commercial establishment operated by him or her, and includes a producer who markets the regulated products in this manner;

(i) "potato" refers to the species Solanum tuberosum either in whole or in part;

(j) "premises" means the land and buildings comprising a farm, owned or occupied by the producer in growing or marketing the regulated products;

(k) "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;

(l) "producer" means a company or farm or person 19 years of age or over who has in production not less than 5 acres of the following:

(i) potatoes,

(ii) turnips,

(iii) cabbage,

(iv) carrots, or

(v) beets,

or a combination of them, annually;

(m) "product" means all variety, classes and grades of turnip, cabbage, potatoes, carrots or beets or a combination of them;

(n) "registered producer" means a producer who is registered with the commodity board;

(o) "regulated product" means all varieties, classes and grades of turnip, cabbage, potatoes, carrots and beets grown in the province and includes all varieties, classes and grades of turnip, cabbage, potatoes, carrots and beets imported for distribution or marketing in the province;

(p) "retailer" means a person including a peddler who buys the regulated product for resale to a consumer;

(q) "turnips" refers to the species Brassica napobrassica either in whole or in part, but does not include the leaf or leaves;

(r) "vehicle" means a motor vehicle, wagon, railway, car, ship, boat or other means of transport in which the regulated product can be transported; and

(s) "wholesaler" means a person including a commission agent or broker who buys the regulated product for resale to a person other than a consumer.

195/83 s2; 13/84 s1; 58/86

Purpose and application

3. (1) The purpose and intent of this Order is to provide for the effective promotion, control and regulation of the production and marketing of the regulated product within the province, including the prohibition of the production and marketing of the regulated product in whole or in part within the province.

(2) This Order shall apply to all producers, processors, wholesalers, caterers, retailers, peddlers and other persons engaged in the production or marketing of the regulated product.

195/83 s3

Name and constitution of commodity board

4. (1) There shall be a commodity board known as the Newfoundland Vegetable Marketing Board consisting of not less than 5 nor more than 9 members appointed by the minister, and the commodity board shall have the authority to administer this Order.

(2) Not less than 3 members of the commodity board shall be registered producers, one from each of the 3 agricultural regions of the province ordinarily referred to within the Department of Forest Resources and Agrifoods as the eastern region, the central region and the western region.

(3) The first members of the commodity board shall be appointed for one year and eligible for reappointment.

(4) In appointments subsequent to the first appointment under this Order, registered producers in each of the 3 agricultural regions referred to in subsection (2) will be asked to nominate members for appointment by the minister for a period of 2 years.

(5) The commodity board shall be operated on a fiscal year commencing July 1 in one year and ending on June 30 in the next year.

(6) The chairperson and the vice‑chairperson shall be selected from and by the members of the commodity board for a term of 2 years.

(7) The vice‑chairperson of the commodity board shall exercise the powers of the chairperson during his or her absence for any cause.

(8) The term of chairperson or vice‑chairperson shall immediately expire if, for any reason, he or she ceases to be a member of the commodity board.

(9) An official list of the names and addresses of all registered producers shall be kept at the main office of the commodity board and shall be open for inspection to a registered producer during regular business hours.

(10) An up‑to‑date copy of the official list of names and addresses of all registered producers shall be sent to a registered producer upon request.

(11) A quorum of the commodity board shall consist of a majority of the members so long as at least half of the members of the commodity board present at the meeting are registered producers.

(12) When at a meeting of the commodity board there is an equality of votes inclusive of the member of the commodity board presiding at the meeting, the member presiding shall have a second or casting vote.

(13) Meetings of the commodity board

(a) may be called by the chairperson by giving to each member not less than 2 days' notice of them or by any 3 members of the commodity board by giving one week's notice in writing to the others; and

(b) shall be held at the time and place fixed by the chairperson or, in his or her absence, the vice‑chairperson.

(14) When a vacancy occurs among the elected members of the commodity board by reason of death, resignation or removal or for another cause, the remaining commodity board members shall request the minister to appoint a new member to fill the vacancy.

(15) The board may recommend to the minister the removal of a member of the commodity board who is convicted of an offence under the Act or the Criminal Code.

(16) A producer who is a member of the commodity board who ceases to be a producer shall resign from the commodity board before 60 days from the date on which the member ceased to be a producer.

(17) Notwithstanding that it is discovered that there was some defect in the appointment or qualifications of a member purporting to be a member of the commodity board, all acts of the commodity board shall be as valid as if the board was validly constituted.

(18) The commodity board shall bring into operation not later than 3 months after this Order is gazetted by‑laws for the conducting of its business affairs.

(19) The commodity board shall be a body corporate.

(20) The commodity board shall have perpetual succession and a common seal and may sue and be sued in any court.

195/83 s4; 13/84 s2; 84/84 s1; 106/84 s1; 230/85 s1

Powers and authority of board

5. (1) The commodity board shall promote, regulate and control the production, processing and marketing of the regulated product by producers, processors, wholesalers, caterers, retailers and peddlers with power to prohibit the marketing of the regulated product in whole or in part and may exercise any or all of the following powers under section 12 of the Act:

(a) subject to the prior written approval of the board, exempt from this Order a person or class of persons engaged in the production or marketing of the regulated product, or a class, variety or grade of the regulated product;

(b) subject to the prior approval of the board, adopt, determine or set fair, minimum or maximum prices for the marketing by registered producers of the regulated product at a level, or a class, variety or grade of the regulated product;

(c) require persons engaged in the production or marketing of the regulated products to provide information in regard to the regulated product as the commodity board may require and to inspect the books and premises of the last‑mentioned persons relating to the production or marketing;

(d) subject to the prior written approval of the board, provide for the fixing, imposing and collecting of levies or service charges or either for production or marketing of the regulated product;

(e) require the person in charge of a vehicle thought to be conveying the regulated product to stop the vehicle and to permit an inspector or other person appointed by the commodity board for another purpose to inspect the vehicle and its contents;

(f) provide for the licensing of persons engaged in the production or marketing of the regulated product and fixing the licence fees payable by the persons at different amounts and providing for the payment of the licence fees in instalments;

(g) provide the form of licences and the terms and conditions upon which licences may be issued, refused, renewed, suspended or revoked;

(h) prohibit persons from engaging in the production or marketing of the regulated product, except under the authority of a licence;

(i) provide for the refusal to issue a licence to engage in the production or marketing of the regulated product where the applicant is not qualified to engage properly in the business for which the application was made, or that the commodity board considers proper;

(j) require the providing of security or proof of financial responsibility by a person engaged in the production or marketing of the regulated product, and provide for the administration, forfeiture and disposition of money or securities so provided;

(k) require and prescribe returns, accounts, records and statements to be made by persons holding licences, the information to be given in the returns, accounts, records and statements, and by whom and in what manner and at which time they shall be made;

(l) provide that service charge or licence fees or a part of the charges or fees are made payable to the commodity board and that the commodity board may use the money thus received for the purpose of carrying out the provisions of this Order;

(m) stimulate, increase and improve the production or marketing of a regulated product for the purpose of carrying out this Order;

(n) establish price negotiating agencies in connection with this Order;

(o) subject to the prior written approval of the board, enter into an agreement with the Government of Canada under the Farm Products Marketing Agencies Act (Canada) and implement the provisions of it by making the rules, orders and regulations and carrying out the acts as may be necessary to implement and to enable a person or agency referred to in the agreement to implement a plan contemplated by the agreement;

(p) subject to the prior written approval of the board, co‑operate with the Government of Canada or a province of Canada or a department, agency, board, council or body under the jurisdiction of the Parliament of Canada or the Legislature of a province of Canada in the manner and to the extent that may be necessary or desirable to produce or promote, facilitate, control, regulate or prohibit the production or marketing of the regulated product and to act, or cause to act, conjointly with a government, department, agency, board, council or body;

(q) subject to the prior written approval of the board, impose service charges or levies in respect to the production or marketing of a regulated product and apply the service charges or levies to the carrying out of the provisions of the order by which the commodity board is constituted; and

(r) subject to the prior written approval of the board respecting a matter necessary or desirable to administer the provisions of this Order, purchase, lease or otherwise acquire and sell and dispose of real and personal property, power to borrow money upon security and do those other things that may be necessary or desirable to implement the provisions of this Order.

(2) The commodity board may, subject to the prior written approval of the board,

(a) establish offices for the purpose of carrying out this Order and appoint officers, inspectors and other employees and prescribe the terms and conditions of employment of the officers, inspectors and employees; and

(b) fix the remuneration and expenses of the chairperson, members and employees of the commodity board.

(3) The commodity board may make the orders, directions and regulations that are necessary to enforce the due observance and carrying out of the provisions of this Order and the orders, directions or regulations of the commodity board shall be published in the Gazette.

195/83 s5

Offences

6. (1) A producer or wholesaler shall not market the regulated product in combination with another commodity at a combined price not applicable to the marketing of the commodities individually.

(2) A producer or wholesaler shall not market the regulated product contemporaneously with a gift or sale of another thing of value, including additional quantities of the regulated product.

(3) A producer shall not sell or offer for sale the regulated product and a wholesaler, retailer or caterer or producer shall not buy the regulated product at a price less than the appropriate minimum price fixed by the commodity board for the variety and grade of the regulated product offered for sale, sold or purchased.

195/83 s6

Repeal

7. The Newfoundland Vegetable Marketing Scheme, 1983, Newfoundland Regulation 195/83, is repealed.