British Columbia Vegetable Marketing Levies Order

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2008-244/FullText.html

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British Columbia Vegetable Marketing Levies Order

SOR/2008-244AGRICULTURAL PRODUCTS MARKETING ACT
Registration 2008-08-14
British Columbia Vegetable Marketing Levies OrderThe British Columbia Vegetable Marketing Commission, pursuant to section 3 and paragraph 4(a)Footnote a of the British Columbia Vegetable OrderFootnote b, hereby makes the annexed British Columbia Vegetable Marketing Levies Order.

Return to footnote aSOR/2002-309
Return to footnote bSOR/81-49

Surrey, British Columbia, August 12, 2008Interpretation

1 The following definitions apply in this Order.

agency
agency means a person designated by the Commodity Board as an agency. (agence)
consumer
consumer means a person who purchases vegetables for the purpose of consumption within the consumer’s immediate family. (consommateur)
District I
District I[Repealed, SOR/2009-311, s. 1]
District II
District II[Repealed, SOR/2010-207, s. 1]
District III
District III[Repealed, SOR/2009-311, s. 1]
field crop
field crop[Repealed, SOR/2010-207, s. 1]
greenhouse vegetable crop
greenhouse vegetable crop means tomatoes (all types), peppers (all types), cucumbers (all types), butter lettuce (all types) grown in a greenhouse and any other crop designated by the Commodity Board, and includes a greenhouse vegetable crop certified as organic. (légumes de serre)
processing crop
processing crop includes peas, beans, corn, cauliflower, broccoli, Brussels sprouts, strawberries, potatoes and any other crop designated by the Commodity Board when the end use is manufacturing or processing. (légumes destinés à la transformation)
processor
processor means any person who changes the nature of vegetables by mechanical means or otherwise and markets, offers for sale, supplies, stores or transports the processed or manufactured product. (transformateur)
producer
producer means a person who operates a farm on which one tonne or more of vegetables has been produced during the immediately preceding 12 months and includes a producer who is producing vegetables that have been certified as organic. (producteur)
producer-shipper
producer-shipper means a person licensed by the Commodity Board to produce a greenhouse vegetable crop and to market some or all of the greenhouse vegetable crop so produced directly to commercial trade channels, but unless specifically authorized by the Commodity Board, does not include marketing to a wholesaler, agency or another producer-shipper. (producteur-expéditeur)
retailer
retailer means any person who sells, offers for sale or supplies vegetables directly to consumers from a fixed commercial establishment located in British Columbia. (détaillant)
storage crop
storage crop means potatoes, onions, parsnips, cabbage, carrots, beets, rutabagas, white turnips or any other crop designated by the Commodity Board. (légumes d’hiver)
wholesaler
wholesaler means a person, other than an agency, who sells or offers for sale vegetables 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 vegetables. (grossiste)

SOR/2009-71, s. 1;
SOR/2009-311, s. 1;
SOR/2010-207, s. 1;
SOR/2011-277, s. 1.

Previous Version

Application

1.1 This Order applies only to the marketing of vegetables in interprovincial and export trade and to persons and property situated within British Columbia.
SOR/2010-207, s. 2.

Levies

2 Unless otherwise exempted by the Commodity Board, all persons engaged in the production or marketing of vegetables shall pay the levies set out in the schedule.
SOR/2009-71, s. 2(F).
Previous Version

Method of Payment

3 Every agency and processor shall deduct the applicable levy from the net proceeds due to each producer, and every agency and processor shall hold the funds in trust and shall remit them to the Commodity Board.

4 If a producer is licensed as a producer-shipper, or exempted from the requirement to market vegetables through an agency or a processor, all applicable levies are due and payable directly to the Commodity Board.
SOR/2009-71, s. 3(F).
Previous Version

Coming into Force

5 This Order comes into force on the day on which it is registered.

SCHEDULE(Section 2)

LEVIES

Item
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6

Crop
Producer
Administration Levy Based on Volume of Crop
Administration Levy Based on Area Cultivated
Research and Industry Development Levy Based on Volume of Crop
Research and Industry Development Levy Based on Area Cultivated

1
Greenhouse Vegetable Crops
(a) Producer
nil
$0.046 / m2

nil
$0.12 / m2

(b) Producer-shipper
nil
$0.046 / m2

nil
$0.12 / m2

2
Storage Crops
(a) All producers: fresh storage crops except potatoes
$2.81 / ton
nil
$0.11 / ton
nil

(b) All producers: fresh potatoes
$5.42 / ton
nil
$0.11 / ton
nil

(c) All producers: contract storage crops except potatoes
$2.26 / ton
nil
$0.11 / ton
nil

(d) All producers: contract potatoes
$4.87 / ton
nil
$0.11 / ton
nil

(e) All producers: cabbages, rutabagas and turnips
nil
nil
$0.50 / ton
nil

3
Processing Crops
(a) All producers: broccoli, Brussels sprouts and cauliflowers
$3.05 / ton
nil
nil
nil

(b) All producers: peas
$3.30 / ton
nil
nil
nil

(c) All producers: beans
$2.68 / ton
nil
nil
nil

(d) All producers: strawberries
$2.10 / ton
nil
nil
nil

SOR/2009-71, s. 4;
SOR/2009-311, s. 2;
SOR/2010-207, s. 3;
SOR/2011-151, s. 1;
SOR/2011-277, s. 2.

Previous Version