Wholesalers
GENERAL ORDER, PART I INTRODUCTORY
Interpretation
The Commission’s Consolidated General Orders define a “Wholesaler” as follows:
"Wholesaler" means a Person, other than an Agency, who sells or offers for sale the Regulated Product to a Retailer, Caterer, Processor, or other Wholesaler or otherwise than directly to a Consumer, but does not include a Person who has no facilities to store or transport the Regulated Product.
PROCUREMENT RESTRICTION
PART IX GENERAL ORDERS PAR.2
“A Wholesaler shall only buy, accept or receive a Regulated Product from an Agency or Producer-Shipper”
LIABILITY FOR MARKETING COSTS AND LOSSES
Pursuant to Section 4 of the British Columbia Vegetable Scheme, the Commission is vested with the powers described in Section 11 of the Natural Products Marketing (BC) Act (the "NPMA"). Pursuant to paragraph 11(1)(o)(iii) of the NPMA, the Commission is empowered to "set and collect…charges from designated persons engaged in the marketing of the whole or part of a regulated product..., and to use those… charges received by the… commission... to pay costs and losses incurred in marketing a regulated product". The complete Natural Products Marketing (BC) Act can be found at http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96330_01#section11.
If a Wholesaler or Commission Salesperson procures BC-grown regulated vegetables contrary to the procurement restriction described above, the Commission has the authority to hold you accountable to compensate for market disruption losses incurred to all BC producers that have been impacted.
The Commission can impose a charge against the offending Wholesaler or Commission Salesperson to recover marketing costs and losses arising from any market disruption against all persons directly or indirectly engaged in the production, procurement, and marketing of an unauthorized regulated vegetable. This includes imposing a charge for losses incurred if the unlawful production and procurement of this product is not compliant with the usual food safety protocols and the marketing of this product results in a food safety incident.
In 2019 BC producers of regulated vegetables generated $370M in market value. A significant portion of this product is exported to service markets in the USA and abroad. A food safety incident resulting from product that is not compliant with the usual food safety protocols can have a significant impact on accessibility to both the domestic and export markets. It is necessary that all BC grown regulated vegetables sourced for the RETAIL, WHOLESALE, PROCESSOR, and FOOD SERVICE markets are certified as food safe.
Marketing information and a list of all regulated vegetables can be found at http://www.bcveg.com/regulated-vegetables.html.
INSPECTIONS OF WAREHOUSE PREMISES
The BC Vegetable Marketing Commission conducts inspections of a licensed Wholesaler’s warehouse facilities. The purpose of these inspections is to monitor and ensure that regulated product is procured through the permitted channels, and accepted food safety protocols are adhered to. Your operations staff should be informed of the Commission’s requirement for inspections of your warehouse premises and that an inspector may arrive at any time during normal business hours to conduct an inspection. These visits are necessary to help to maintain the highest standards of orderly marketing and food safety of BC-grown regulated Product in the province of British Columbia.
Inspections may involve, but is not limited to:
What to expect when an inspector arrives at your location:
Inspections are randomly scheduled. All registered Wholesalers can anticipate that they will be visited throughout the season when BC-grown regulated vegetables are available. Your warehouse premises can also be visited on more than one occasion. The frequency of visits will also depend upon the wholesaler licence class that has been issued to you.
PURCHASING DIRECTLY FROM A PRODUCER
All producers of regulated vegetables grown within the regulated area of British Columbia are required to be licensed by the Commission. A producer who does not have a valid license issued by the Commission is not permitted to transport regulated vegetables.
A wholesaler may only procure regulated storage and greenhouse vegetables from a licensed producer that is exempt from the requirement that a designated agency market their product. The license will provide information on the authority that has been granted to the producer.
It is the wholesaler’s responsibility to confirm that the producer has a valid and subsisting license issued by the Commission that exempts the producer.
Link to GENERAL ORDER PART I - Regulated Area
Link to GENERAL ORDER, PART X - Exemptions from the requirement that a designated agency market the producer’s product
Link to web page listing regulated vegetables: http://www.bcveg.com/regulated-vegetables.html
HOW TO VALIDATE A PRODUCER LICENCE
GENERAL ORDER, PART I INTRODUCTORY
Interpretation
The Commission’s Consolidated General Orders define a “Wholesaler” as follows:
"Wholesaler" means a Person, other than an Agency, who sells or offers for sale the Regulated Product to a Retailer, Caterer, Processor, or other Wholesaler or otherwise than directly to a Consumer, but does not include a Person who has no facilities to store or transport the Regulated Product.
PROCUREMENT RESTRICTION
PART IX GENERAL ORDERS PAR.2
“A Wholesaler shall only buy, accept or receive a Regulated Product from an Agency or Producer-Shipper”
LIABILITY FOR MARKETING COSTS AND LOSSES
Pursuant to Section 4 of the British Columbia Vegetable Scheme, the Commission is vested with the powers described in Section 11 of the Natural Products Marketing (BC) Act (the "NPMA"). Pursuant to paragraph 11(1)(o)(iii) of the NPMA, the Commission is empowered to "set and collect…charges from designated persons engaged in the marketing of the whole or part of a regulated product..., and to use those… charges received by the… commission... to pay costs and losses incurred in marketing a regulated product". The complete Natural Products Marketing (BC) Act can be found at http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96330_01#section11.
If a Wholesaler or Commission Salesperson procures BC-grown regulated vegetables contrary to the procurement restriction described above, the Commission has the authority to hold you accountable to compensate for market disruption losses incurred to all BC producers that have been impacted.
The Commission can impose a charge against the offending Wholesaler or Commission Salesperson to recover marketing costs and losses arising from any market disruption against all persons directly or indirectly engaged in the production, procurement, and marketing of an unauthorized regulated vegetable. This includes imposing a charge for losses incurred if the unlawful production and procurement of this product is not compliant with the usual food safety protocols and the marketing of this product results in a food safety incident.
In 2019 BC producers of regulated vegetables generated $370M in market value. A significant portion of this product is exported to service markets in the USA and abroad. A food safety incident resulting from product that is not compliant with the usual food safety protocols can have a significant impact on accessibility to both the domestic and export markets. It is necessary that all BC grown regulated vegetables sourced for the RETAIL, WHOLESALE, PROCESSOR, and FOOD SERVICE markets are certified as food safe.
Marketing information and a list of all regulated vegetables can be found at http://www.bcveg.com/regulated-vegetables.html.
INSPECTIONS OF WAREHOUSE PREMISES
The BC Vegetable Marketing Commission conducts inspections of a licensed Wholesaler’s warehouse facilities. The purpose of these inspections is to monitor and ensure that regulated product is procured through the permitted channels, and accepted food safety protocols are adhered to. Your operations staff should be informed of the Commission’s requirement for inspections of your warehouse premises and that an inspector may arrive at any time during normal business hours to conduct an inspection. These visits are necessary to help to maintain the highest standards of orderly marketing and food safety of BC-grown regulated Product in the province of British Columbia.
Inspections may involve, but is not limited to:
- Any regulated vegetable that is located in your warehouse;
- The packaging of regulated products, including branding, SKUs and bar codes;
- Regulated vegetables located in the loading bay, storage, and cooling areas;
- A review of receiving & shipment records (Purchase Orders and Bills of Lading).
What to expect when an inspector arrives at your location:
- We cannot accommodate scheduled inspections of a compliance nature. Inspectors will arrive without notice within regular business hours.
- The inspector will have an identification tag that identifies them as an inspector for the BCVMC.
- A letter will be provided by the inspector that informs the reader of the inspection and a contact person at the BCVMC office that can be called to verify the inspection and answer questions.
- All inspectors are fully licensed and bonded and have been instructed to adhere to all current COVID-19 safety protocols (N-95 masks, gloves, etc.).
- Visits should take no longer than 30 to 45 minutes and be completed with as little disruption to your daily operations as possible.
- Pictures will be taken of all codes and markings attached to the pallet and attached to or printed on the containers that identify the subject goods.
Inspections are randomly scheduled. All registered Wholesalers can anticipate that they will be visited throughout the season when BC-grown regulated vegetables are available. Your warehouse premises can also be visited on more than one occasion. The frequency of visits will also depend upon the wholesaler licence class that has been issued to you.
PURCHASING DIRECTLY FROM A PRODUCER
All producers of regulated vegetables grown within the regulated area of British Columbia are required to be licensed by the Commission. A producer who does not have a valid license issued by the Commission is not permitted to transport regulated vegetables.
A wholesaler may only procure regulated storage and greenhouse vegetables from a licensed producer that is exempt from the requirement that a designated agency market their product. The license will provide information on the authority that has been granted to the producer.
It is the wholesaler’s responsibility to confirm that the producer has a valid and subsisting license issued by the Commission that exempts the producer.
Link to GENERAL ORDER PART I - Regulated Area
Link to GENERAL ORDER, PART X - Exemptions from the requirement that a designated agency market the producer’s product
Link to web page listing regulated vegetables: http://www.bcveg.com/regulated-vegetables.html
HOW TO VALIDATE A PRODUCER LICENCE
- The wholesaler may request a copy of the producer’s licence directly from the producer.
- The Compliance officer at the Commission office can be contacted to validate if a producer has a licence, and if the producer is exempt from the requirement that their regulated product be transported and marketed under the direction of a designated agency. You will need to provide information on the producer from whom you intend to procure product.
Written confirmation will be provided on the producer’s licence status and what, if any, exemptions have been granted to the producer.
Suzanne Babcock | Compliance Officer
Toll free: 1.800.663.1461
Direct line: 604.542.9734 Ext.124
E-mail: suzanne@bcveg.com
BC VEGETABLE MARKETING COMMISSION
2020 REGISTERED WHOLESALERS
Issued: 06-July-2020
2020 REGISTERED WHOLESALERS
Issued: 06-July-2020
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List of Wholesalers
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Wholesalers of vegetables that are NOT licensed are NOT permitted to procure or market regulated vegetables. Please notify the BC Vegetable Marketing Commission if you are aware of any wholesalers operating in non-compliance of the mandatory licensing requirement.
The procurement or sale of regulated vegetables is restricted to licensed Wholesalers only.
The above list is updated regularly.
The procurement or sale of regulated vegetables is restricted to licensed Wholesalers only.
The above list is updated regularly.