This is an official version. Copyright © 2006: Queen's Printer, Important Information
Consolidated Newfoundland Regulation 1996 CONSOLIDATED Berry Regulations 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. ORDER Analysis 1. Short
title 2. Definitions 3. 4. Damage
prohibited 5. 6. Processing
licence 7. Exemption
certificate 8. Exemption
certificate required 9. Expiry
of refusal of exemption certificate. 10. Unripe
blueberries permitted 11. Infested
berries 12. Appointment
of inspectors 13. Powers
of inspectors 14. Detention
and testing of infested berries 15. Risk
carried by owner 16. Copy
of notice 17. Alteration
of notice of detention 18. Notice
of release 19. Cost
of disposal 20. Penalty 21. Penalty Schedule Short title 1. These regulations may be cited as
the Berry Regulations. Definitions 2. In these regulations (a) "Act"
means the Natural Products Marketing Act; (b) "berries"
means (i) blueberries, (ii) partridgeberries (lingonberries), and (iii) bakeapples (cloudberries); (c) "blueberry
maggot" means Rhagoletis mendax
Curran; (d) "blueberry
management unit" means an area of crown land that has been designated as a
special management unit under section 57 of the Lands Act; (e) "cleaned"
means a process by which debris, leaves, floaters and other foreign material
are removed from ripe, unprocessed blueberries; (f) "designated area" means any area of crown land that has
been set aside for berry production; (g) "facility"
means an establishment or place used for the processing of berries and includes
a packing plant, vessel or motor vehicle; (h) "floaters"
means immature berries that float to the surface when placed in still water; (i) "importer" means a person, company or concern engaged in
the practice of bringing berries into the province; (j) "infested area" means a place listed in the Schedule or
any other place where the blueberry maggot is known to occur; (k) "inspection"
means the act of examining berries to determine compliance with these
regulations; (l) "inspector" means a person appointed by the minister as
an inspector under the Act; (m) "licence"
means a licence issued by the minister in accordance with these regulations; (n) "minister"
means the minister appointed under the Executive
Council Act to administer the Act; (o) "packing
plant" means a place where berries are graded, packaged and marked for
shipment; (p) "person"
includes an individual, an association of individuals, a partnership or
corporation and an unincorporated society or association; (q) "pick"
means to gather by hand, by berry rake or by any other mechanical device; (r) "processing" includes the cleaning, grading, freezing and
packaging of berries; (s) "registered
blueberry producer" means a person who (i) leases a blueberry management unit from the province, or (ii) owns or leases land in the province other than a blueberry management
unit when it is used for blueberry production, and (iii) applies for and receives an exemption certificate from the minister
under section 7 of these regulations; (t) "retail sale" means the sale of berries by a person to
another person who acquires those berries (i) for his or her own personal use as a consumer and not for resale to
another person, or (ii) for resale within the province to any person for personal use as a
consumer, but does not include a sale for the purpose of resale to another
person; and (u) "ripe
unprocessed blueberries" means blueberries that have been picked and that (i) are all blue and meet the Canada Number 1 Grade Standard, or (ii) meet the standard for percentage of floating berries prescribed
under section 10. 3. A person shall not pick berries in
a designated area before the date that the minister may by public notice
specify each year. Damage prohibited 4. A person shall not cause damage in
or upon a blueberry management unit or designated area, or remove from a
blueberry management unit or designated area (a) soil; (b) peat; (c) rock;
or (d) vegetation except as may
be authorized by the minister. 5. (1) A person shall not sell, offer
for sale or market blueberries harvested in the province except for retail sale
unless the blueberries have been processed by or at a packing plant or facility
issued a licence for that purpose by the minister. (2) All
blueberries marketed, sold or offered for retail sale shall meet the minimum
grading standards that are prescribed by the minister. Processing licence 6. A facility shall not be issued a
licence to process blueberries by the minister unless blueberries are cleaned
or cleaned and frozen at that facility. Exemption certificate 7. The minister may, in his or her
discretion, issue a certificate to a registered blueberry producer exempting a
site from the application of these regulations. Exemption certificate required 8. (1) A person, except a registered
blueberry producer who applies for and receives an exemption certificate shall
not (a) purchase; (b) sell
or offer for sale; (c) market;
or (d) have
in his or her possession at a site in
his or her ownership or control in excess of 50 kilograms of unprocessed
blueberries unless they are ripe unprocessed blueberries. (2) A
registered blueberry producer shall not (a) transport; (b) sell
or offer for sale; (c) purchase
or offer to purchase; (d) market;
or (e) have
in his or her possession at a site in
the province under his or her ownership or control blueberries other than
blueberries obtained from a site in respect of which the registered blueberry
processor has obtained an exemption certificate under these regulations. Expiry or refusal of exemption certificate 9. (1) An exemption certificate issued
under these regulations shall expire on December 31 of the year in which it is
issued. (2) The
minister may refuse to issue an exemption certificate without assigning any
reasons for the refusal. Unripe blueberries permitted 10. (1) A person may sell blueberries,
including unripe blueberries such that when 2 out of 3 samples of them are
measured and tested by an inspector with a properly calibrated instrument
approved by the minister for that purpose, 15% or less of these berries by
count float to the surface when placed in still water. (2) Where
circumstances warrant, the minister may, by order, determine that the 15%
requirement in subsection (1) shall not apply for a period of time and
prescribe a percent requirement which shall apply for that same period. Infested berries 11. (1) A person shall not (a) bring
or cause to be brought into the province; (b) transport
or cause to be transported from place to place within the province; or (c) have,
sell or offer for sale, exchange or otherwise market or dispose of for any use; any berries
originating in an infested area unless it can be shown to the satisfaction of
an inspector that those berries have been treated in a way that eradicates the
blueberry maggot or its reproductive capabilities. (2) The
minister may, by order, specify the type of treatment required to eradicate the
blueberry maggot or its reproductive capabilities for blueberries from an
infested area. Appointment of inspectors 12. The minister may appoint those
inspectors he or she considers necessary for the enforcement of these
regulations. Powers of inspectors 13. An inspector appointed under
section 12 may (a) enter
a place or premises where berries are kept for sale; (b) require
a person in possession of berries for sale to produce for inspection for the
purpose of obtaining information any (i) books, (ii) shipping bills, (iii) bills of lading, (iv) sales records, (v) temperature records, or (vi) other papers with respect
to the harvesting, storage, marketing, sale or other disposal of berries; and (c) inspect
a site where berries are found or any berries being transported by vehicle and
require the driver of a vehicle which the inspector may reasonably suspect to
be carrying berries to stop for the purposes of inspection. Detention and testing of infested berries 14. (1) An inspector may detain for a
time that is necessary to complete his or her inspection any berry shipment and
shall place in a prominent area on the berries a notice of detention as
prescribed by the minister. (2) An
inspector may take a sample of berries at any facility or other place where
berries are found or are being collected. Risk carried by owner 15. Any berries detained by an
inspector shall be detained at the risk and expense of the owner of those
berries. Copy of notice 16. Within 24 hours of attaching a
notice of detention as prescribed by the minister, an inspector shall deliver
or mail to the person possessing those berries and to the owner of the berries
if known to the inspector a copy of the completed notice of detention. Alteration of notice of detention 17. (1) A person shall not alter,
deface or remove a notice of detention. (2) A
person shall not move, sell or dispose of berries detained under a notice of
detention until authorized to do so by an inspector. Notice of release 18. An inspector satisfied that berries
held in detention comply with these regulations shall (a) complete
a notice of release as prescribed by the minister; and (b) deliver
or mail one copy of the notice of release to each person to whom he or she sent
a copy of the notice of detention under section 16. Cost of disposal 19. Berries detained under these
regulations shall be disposed of at the owner's or importer's expense and in the
manner that the minister may direct. Penalty 20. (1) A person who fails to comply
with section 3 is liable upon summary conviction (a) upon
a first conviction to a fine of not more than $150; and (b) upon
each subsequent conviction, to a fine of not more than $300. (2) In
default of payment of a fine imposed under subsection (1), a person is liable
to imprisonment for not more than 60 days. Penalty 21. (1) A person who fails to comply
with sections 4, 6, 8, 11, and 17 is liable upon summary conviction (a) upon
a first conviction to a fine of not less than $2500 nor more than $5000; and (b) upon
each subsequent conviction to a fine of not less than $5000 nor more than $10,
000. (2) In
default of payment to a fine imposed under subsection (1) the person is liable
to imprisonment for not more than 60 days. Schedule Infested
Areas Where the Blueberry ©Earl G. Tucker, Queen's Printer |