Packaged Apples Controlled Atmosphere Designation Regulations

Link to law: https://www.novascotia.ca/just/regulations/regs/ampkgapp.htm

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Packaged Apples Controlled Atmosphere Designation Regulations
made under Section 166 of the

Agriculture and Marketing Act

R.S.N.S. 1989, c. 6

O.I.C. 87-1304 (October 27, 1987), N.S. Reg. 225/87

as amended to O.I.C. 2015-96 (March 31, 2015, effective April 1, 2015), N.S. Reg. 70/2015

 

1     These regulations may be cited as Packaged Apples Controlled Atmosphere DesignationRegulations.

 

2     (1)    In these regulations

 

                (a)    “Act” means the Agriculture and Marketing Act;

 

                (b)    “controlled atmosphere apples” means apples that have been stored in a sealedcompartment in which the concentration of carbon dioxide or oxygen or both iscontrolled;

 

                (c)    “Minister” means the Minister of Agriculture.

 

3     The terms “CA apples” or “C.A. apples” may be used in designating controlledatmosphere apples.

 

4     No person shall designate apples as controlled atmosphere apples in grading, packaging,packing, marking, shipping, advertising or selling within the Province of Nova Scotiaunless such person has a certificate of registration issued by the Minister.

 

5     (1)    An application for a certificate of registration shall be in Form 1 to these regulationsin the case of an operator, or in Form 2 to these regulations in the case of a packer,and, subject to subsection (3), shall be accompanied by a fee of $12.45 plusapplicable taxes.

Subsection 5(1) replaced: O.I.C. 94-947, N.S. Reg. 213/94; amended: O.I.C. 2015-96, N.S. Reg. 70/2015.

 

       (2)    The Minister may issue a certificate of registration in such form as the Ministerdeems advisable

 

                (a)    to a packer who is engaged in the assembly and packaging of apples to bedesignated as controlled atmosphere apples;

 

                (b)    to an operator who

 

                         (i)     is in possession of facilities capable of producing controlled atmosphereapples,

 

                         (ii)    keeps in a convenient location near each compartment in whichcontrolled atmosphere apples are in storage, an accurate daily record inForm 3 attached hereto in respect of that compartment,

 

                         (iii)   keeps a record of the capacity of each compartment, an identification ofeach lot of apples and the quantity of each lot of apples in storage, and

 

                         (iv)   allows inspection of the daily records kept in Form 3 at all reasonabletimes by the owner of the apples or his agent or an inspector.

 

       (3)    Every certificate of registration expires on June 30, 2000, and any subsequentcertificate of registration shall be valid from the date of its issue until June 30 inevery fifth year following the year 2000.

Subsection 5(3) replaced: O.I.C. 94-947, N.S. Reg. 213/94.

 

       (4)    A certificate of registration is not assignable.

 

       (5)    The Minister may suspend, revoke or refuse to issue a certificate of registration toany person who fails to observe, perform or carry out any of the provisions of theAct or these regulations.

 

6     Every person who packages, assembles or processes apples as controlled atmosphereapples for sale shall immediately upon removing the apples from the sealed compartmentreferred to in Regulation 7 hereof, place those apples in a container and mark on thecontainer the words “controlled atmosphere apples” or the terms “CA apples” or “C.A.apples” and the number of his certificate of registration.

 

7     No person shall designate apples as controlled atmosphere apples unless they have beenstored in a sealed refrigerated compartment

 

                (a)    where the temperature is maintained between zero degrees Celsius and fourdegrees Celsius;

 

                (b)    where the atmosphere of the compartment is fixed within twenty days ofsealing and

 

                         (i)     the atmosphere of the compartment is fixed at a carbon dioxideconcentration of not more than five percent and an oxygen concentrationof not more than three percent, and

 

                         (ii)    the compartment remains sealed and the atmosphere remains fixed for aperiod of ninety days; or,

 

                (c)    where the atmosphere of the compartment is fixed within four days of sealingand

 

                         (i)     the atmosphere of the compartment is fixed at a carbon dioxideconcentration of not more than five percent and an oxygen concentrationof not more than three percent, and

 

                         (ii)    the compartment remains sealed and the atmosphere remains fixed for aperiod of sixty days.

Section 7 replaced: O.I.C. 94-947, N.S. Reg. 213/94.

 

8     All markings on containers in which controlled atmosphere apples are packed shall be of apermanent nature and

 

                (a)    not less in height than

 

                         (i)     0.32 cm on tags,

 

                         (ii)    0.48 cm on bags containing 4.54 kg or less,

 

                         (iii)   0.64 cm in all other cases;

 

                (b)    placed on one end of the container or its lid or handle;

 

                (c)    stencilled, printed or inter-woven on bags; or

 

                (d)    placed on a tag suitable to the container or bag attached thereto.

 

9     These regulations come into force on and after the 1st day of November, 1987.

[Note: references to the Minister and Department of Agriculture and Marketing have been updatedthroughout in accordance with Order in Council 2006-121 under the Public Service Act, R.S.N.S. 1989,c. 376, effective February 24, 2006.]

Form 1 - Application for Registration as an Operator of a

Controlled Atmosphere Storage Plant

The Agriculture and Marketing Act of Nova Scotia

To the Minister

Nova Scotia Dept. of Agriculture

P.O. Box 190, Halifax, Nova Scotia B3J 2M4

___________________________________________________________ (name of operator)____________________________________________________ (address) applies to theMinister of Agriculture for a certificate of registration as an operator in respect of ______________________________________________________________ (name and location of controlledatmosphere storage plant) in accordance with the Packaged Apples Controlled AtmosphereDesignation Regulations made under Part XVII of the Agriculture and Marketing Act.

 

 

(signature)

 

 

(title of person signing)

Dated at _______________, this _____ day ______________ of 19____.

Form 1 replaced: O.I.C. 94-947, N.S. Reg. 213/94.

Form 2 - Application for Registration as a Packer of

Controlled Atmosphere Apples

The Agriculture and Marketing Act of Nova Scotia

To the Minister

Nova Scotia Dept. of Agriculture

P.O. Box 190, Halifax, Nova Scotia B3J 2M4

__________________________________(name of packer) _______________________________________________________________(address) applies to the Minister of Agriculture for acertificate of registration as a packer in respect of _____________________________________

___________________________________ (name and location of premises) in accordance with thePackaged Apples Controlled Atmosphere Designation Regulations made under Part XVII of theAgriculture and Marketing Act.

 

_________________________________

(signature of packer)

Dated at ________________________, this _____ day of _____________ 19___.

Form 2 replaced: O.I.C. 94-947, N.S. Reg. 213/94.

Form 3 - Record at Controlled Atmosphere Storage Plant

The Agriculture and Marketing Act of Nova Scotia

 

Name of plant                                                                                                                           

 

Address of plant                                                                                                                       

 

Name of operator                                                                                                                      

 

Registration number                                        Storage compartment                                    

 

Storage:   (source, lot no., quantities, and date of placing each quantity in storage)

 

 

Date of sealing                                                                                                                          

Tests

Date

%

C02

%

C02+ 02

%

02

Room

temperature

Initials of personmaking test