This is not the official version.
It is an office consolidation, prepared by the BC Farm Industry
Review Board, for convenience only. As such consolidations may contain
inadvertent errors, any reader needing to rely on the legislation should obtain
the Queen's Printer official legislative text, available from Crown Publications
Inc.
Natural Products Marketing (BC) Act
BRITISH COLUMBIA VEGETABLE SCHEME
[includes amendments up to B.C. Reg. 94/2004]
Contents
Interpretation
Scheme established, purpose and application
British Columbia Vegetable Marketing Commission
Powers
Register of commercial producers
Qualification for registration as a commercial
producer
Register of other producers
Repealed
 Interpretation
1
In this regulation:
"Act" means the Natural Products Marketing (BC)
Act;
"commercial producer" means a producer whose name
has been entered and remains registered in one or more of the registers
of commercial producers referred to in section 5;
"commission" means the British Columbia Vegetable
Marketing Commission referred to in section 3;
"producer" means a person who operates a farm on
which one tonne or more of the regulated product has been produced
during the immediately preceding 12 months;
"regulated product" means vegetables, and includes
(a) potatoes, and
(b) strawberries intended expressly for
manufacturing purposes,
grown in the Province;
[am. B.C. Reg. 94/2004, s. 1.]
Scheme
established, purpose and application
2
(1) A scheme called the
British Columbia Vegetable Scheme is established in the terms of this
regulation.
(2) The scheme is for the promotion and regulation in
the Province of the production, transportation, packing, storage and
marketing of the regulated product.
(3) The scheme applies to persons who produce,
transport, pack, store or market the regulated product, and to all kinds
and grades of the regulated product.
British
Columbia Vegetable Marketing Commission
3
(1) A commission called the
British Columbia Vegetable Marketing Commission is established to
administer the scheme under the supervision of the British Columbia Farm
Industry Review Board.
(2) Repealed.
[B.C. Reg. 353/85.]
(3) and (3.1) Repealed. [B.C. Reg. 28/2000, s. 1.]
(3.2) The commission consists of the following:
(a) a chair appointed by the Lieutenant Governor
in Council;
(b) up to 8 members who are commercial
producers, elected by the commercial producers.
(4) Despite subsection (3.2),
(a) the member serving as chair when this
regulation comes into force continues to hold that office until
the Lieutenant Governor in Council makes an appointment under
subsection (3.2) (a), and
(b) the members serving on the board when this
regulation comes into force continue to hold their offices until
elections are held under approved practices and procedures for
elections established under subsection (5).
(5) The commission must establish and publish practices
and procedures for the election of elected board members.
(6) The British Columbia Farm Industry Review Board must
approve the rules and procedures referred to in subsection (5) before
those rules take effect.
[am. B.C. Regs. 353/85; 403/87; 11/93,
s. 1; 46/98; 28/2000, s. 1; 15/2001; 350/2003, s. (c);
94/2004, s. 2.]
Powers
4
(1) The commission is
vested with the power in the Province to promote, control and regulate
in any respect the production, transportation, packing, storage and
marketing of a regulated product.
(2) Without restricting the generality of subsection
(1), the commission is vested with the powers described in section 11 of
the Act, and with the following additional powers:
(a) to grant or lend money to assist
(i) in the construction or operation of
facilities for preserving, packing, storing or conditioning
of the regulated product, and
(ii) in research relating to the marketing
of the regulated product;
(b) to hypothecate, assign, draw, make, sign,
accept, endorse, discount and issue bills of exchange, cheques
and other negotiable and transferable instruments;
(c) for the purposes of the scheme, to borrow
money, provided that the aggregate outstanding indebtedness of
the commission through borrowing shall not exceed $100 000 at
any time, and to secure repayment of the borrowed money in a
manner the commission considers fit;
(d) to fix or alter the remuneration of its
employees and, subject to the authority of the British Columbia
Farm Industry Review Board, to fix or alter the remuneration of
the chairman and other members of the commission.
(3) Repealed.
[B.C. Reg. 94/2004, s. 3.]
[am. B.C. Regs. 11/93, s. 2; 350/2003,
s. (c); 94/2004, s. 3.]
Register of
commercial producers
5
(1) The commission must
keep at its head office a register of commercial producers in which the
commission must record the name and address of every producer who
applies and who is qualified to be registered as a commercial producer
under section 6.
(2) The commission may revise the register of commercial
producers from time to time, and, if satisfied that a person no longer
qualifies under section 6 to be registered as a commercial producer, may
remove the producer’s name and address from the register after causing a
notice to be mailed to the producer at the producer’s last registered
address advising the producer of its intention to remove the producer’s
name.
[en. B.C. Reg. 94/2004, s. 4.]
Qualification
for registration as a commercial producer
6 /b>
A producer qualifies to be
registered as a commercial producer if, during the immediately preceding
12 months, regulated product of at least a gross value to the producer
of $5 000 has been grown on the farm operated by the producer and
marketed as ordered or directed by the commission.
[en. B.C. Reg. 94/2004, s. 4.]
Register of
other producers
7
In addition to the register
referred to in section 5 the commission must keep a register of
producers other than commercial producers, and in it must maintain the
name and address of every person who it is satisfied is a producer but
not qualified to be registered as a commercial producer.
[en. B.C. Reg. 94/2004, s. 4.]
Sections
Repealed
8
to 19 Repealed.
[B.C. Reg. 94/2004, s. 4.]
Note: this regulation repeals B.C. Regs. 121/63 and
47/74
[Provisions of the Natural Products Marketing Act,
R.S.B.C. 1996, c. 330, relevant to the enactment of this regulation:
sections 2, 7, 10, 11 and 22]
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