O. Reg. 350/00: GRAPES FOR PROCESSING - MARKETING

 

ONTARIO REGULATION 350/00

made under the

Farm products Marketing Act

Made: June 15, 2000
Filed: June 19, 2000

Amending Reg. 414 of R.R.O. 1990

(Grapes for Processing — Marketing)

1. Sections 1, 2 and 3 of Regulation 414 of the Revised Regulations of Ontario, 1990 are revoked and the following substituted:

1. In this Regulation,

“grapes” means grapes produced in Ontario that are used,

(a) for processing by a processor, or

(b) for producing late harvest juice;

“late harvest juice” means juice that is produced in Ontario by a grape producer from late harvest grapes grown by the producer in Ontario and that is used for processing into ice wine, late harvest wine or other wine, beverage spirits, grape products or juice;

“local board” means The Ontario Grape Growers’ Marketing Board;

“plan” means The Ontario Grape Growers’ Marketing–for–Processing Plan;

“processing” means,

(a) in relation to grapes, the manufacture of grape products or juice, beverage spirits or wine from grapes and includes bottling, distilling or fermenting or processing with sugar or sulphur dioxide or any other chemical, but does not include the production of late harvest juice,

(b) in relation to late harvest juice, the manufacture of ice wine, late harvest wine or other wine, beverage spirits, grape products or juice from late harvest juice and includes bottling, distilling or fermenting or processing with sugar or sulphur dioxide or any other chemical, but does not include the production of late harvest juice;

“processor” means a person engaged in the business of processing grapes or late harvest juice;

“producer” means a person engaged in the production of grapes or in the production of late harvest juice.

2. This plan applies to the control and regulation in any or all respects of the producing and marketing within Ontario of grapes and late harvest juice, including the prohibition of such producing and marketing in whole or in part.

3. (1) A person may commence or continue to engage in the processing of grapes or late harvest juice only under the authority of a licence as a processor of grapes or late harvest juice.

(2) A licence expires on the date of expiry set out in the licence.

(3) If no expiry date is set out in a licence, the licence expires when the licensee ceases to engage in the processing of grapes or late harvest juice.

(4) No fee is payable on applying for a licence.

2. Sections 5 and 6 of the Regulation are revoked and the following substituted:

5. The Commission delegates to the local board the power,

(a) to require persons engaged in producing or marketing grapes or late harvest juice to register their names, addresses and occupations with the local board;

(b) to require persons engaged in producing or marketing grapes or late harvest juice to furnish such information relating to the production or marketing of grapes or late harvest juice, including the completing and filing of returns as the local board determines;

(c) to appoint persons to inspect the books, records, documents, lands and premises and any grapes or late harvest juice of persons engaged in the marketing of grapes or late harvest juice;

(d) to appoint persons to enter on lands or premises used for the producing of grapes or late harvest juice and measure the area of land or premises used to produce grapes or late harvest juice or measure the amount of grapes or late harvest juice;

(e) to stimulate, increase and improve the marketing of grapes and late harvest juice by such means as it considers proper;

(f) to co–operate with a marketing board, local board, marketing commission or marketing agency of Canada or of any province in Canada for the purpose of marketing grapes or late harvest juice;

(g) to do such acts and make such orders and issue such directions as are necessary to enforce the due observance and carrying out of the Act, the regulations and the plan.

6. The Ontario Farm Products Marketing Commission delegates to the local board its powers to make regulations with respect to grapes and late harvest juice,

(a) providing for the licensing of any or all persons before commencing or continuing to engage in the producing or marketing of grapes or late harvest juice;

(b) prohibiting persons from engaging in the producing or marketing of grapes or late harvest juice except under the authority of a licence issued by the local board;

(c) providing for the refusal to grant a licence where the applicant is not qualified by experience, financial responsibility or equipment to properly engage in the business for which the application was made;

(d) providing for the suspension or revocation of, or the refusal to renew, a licence for failure to observe, perform or carry out the Act, the regulations, the plan or any order or direction of the local board;

(e) providing for the fixing of licence fees payable yearly, half–yearly, quarterly or monthly at different amounts or in instalments from any or all persons producing or marketing grapes or late harvest juice and the collecting of the licence fees and the recovering of such licence fees by suit in a court of competent jurisdiction;

(f) requiring any person who receives grapes or late harvest juice to deduct from the money payable for the grapes or late harvest juice any licence fees payable to the local board by the person from whom he, she or it receives the grapes or late harvest juice, and to forward such licence fees to the local board;

(g) requiring any person who produces and processes grapes or late harvest juice to furnish to the local board statements of the amount of grapes or late harvest juice produced in any year and used for processing;

(h) prescribing the form of licences;

(i) requiring the furnishing of security or proof of financial responsibility by any person engaged in the marketing of grapes or late harvest juice and providing for the administration and disposition of any money or securities so furnished;

(j) providing for the control and regulation of the marketing of grapes and late harvest juice, including the times and places at which grapes and late harvest juice may be marketed;

(k) providing for the control and regulation of agreements entered into by producers of grapes or late harvest juice with persons engaged in marketing or processing grapes or late harvest juice, and the prohibition of any provision or clause in such agreements;

(l) requiring any person who produces and processes grapes or late harvest juice to furnish to the local board statements of the amounts of grapes or late harvest juice produced in any year and used for processing;

(m) requiring any person who produces grapes or late harvest juice to offer to sell and to sell the grapes or late harvest juice through the local board;

(n) prohibiting any person from processing, packing or packaging any grapes or late harvest juice that has not been sold through the local board;

(o) providing for the making of agreements relating to the marketing of grapes or late harvest juice through the local board, and prescribing the forms and the terms and conditions of such agreements;

(p) providing for the exemption from any or all of the regulations, orders or directions under any plan of,

(i) any class, variety, grade or size of grapes or of any class, variety or grade of late harvest juice, or

(ii) any person or class of persons engaged in the producing or marketing of any class, variety, grade or size of grapes or of any class, variety or grade of late harvest juice.

3. Sections 8 to 11 of the Regulation are revoked and the following substituted:

8. The Commission authorizes the local board to do the following:

1. The local board may conduct a pool or pools for the distribution of all money received from the sale of grapes or late harvest juice.

2. The local board may, after deducting all necessary and proper disbursements and expenses, distribute the remainder of the money received from the sale in such manner that every producer receives a share of the remainder of the money received from the sale in relation to the amount, class, variety, grade or size of the grapes or the amount, class, variety or grade  of the late harvest juice delivered.

3. The local board may make an initial payment on delivery of the grapes or late harvest juice and subsequent payments until all of the remainder of the money received from the sale is distributed to the producers.

9. The Commission authorizes the local board to require the price or prices payable or owing to the producers for grapes or late harvest juice to be paid to or through the local board and to recover such price or prices by suit in a court of competent jurisdiction.

10. The Commission authorizes the local board to prohibit the marketing of any class, variety, grade or size of grapes or of any class, variety or grade of late harvest juice.

11. The Commission vests in the local board the power to purchase or otherwise acquire such quantity or quantities of grapes or late harvest juice as the local board considers advisable and to sell or otherwise dispose of any of the grapes or late harvest juice so purchased or acquired.

4. Subsection 13 (1) of the Regulation is revoked and the following substituted:

(1) There shall be two negotiating agencies, one for each of the following:

1. Classes 1, 2 and 3 grapes.

2. All other classes of grapes and late harvest juice.

5. Section 14 of the Regulation is revoked and the following substituted:

14. The negotiating agencies may adopt or settle by agreement minimum prices for,

(a) grapes or late harvest juice;

(b) any class, variety, grade or size of grapes; or

(c) any class, variety or grade of late harvest juice.

6. Subsections 16 (2) and (3) are revoked and the following substituted:

(2) For a negotiating agency for classes 1, 2 and 3 grapes, the date shall be August 20 in any year.

(3) For a negotiating agency for the remaining classes of grapes and late harvest juice, the date shall be July 31 in any year.

7. Subsection 18 (6) of the Regulation is revoked and the following substituted:

(6) The Grapes for Processing Advisory Committee is empowered to advise and make recommendations to the local board, the Wine Council of Ontario, or to the Ontario Food Processors Association in respect of,

(a) the promotion of harmonious relationships between persons engaged in the production and marketing of grapes and late harvest juice;

(b) the promotion of greater efficiency in the production and marketing of grapes and late harvest juice;

(c) the prevention and correction of irregularities and inequities in the marketing of grapes and late harvest juice;

(d) the improvement of the quality and variety of grapes and late harvest juice;

(e) the improvement of the circulation of market information respecting grapes and late harvest juice; and

(f) without limiting the generality of any of the foregoing, any matter with respect to which the Commission or the local board may be empowered to make regulations under the Act.

Ontario Farm Products Marketing Commission:

Rod Stork

Chair

Gloria Marco Borys

Secretary

Dated on June 15, 2000.