CONSOLIDATION

B.C. Tree Fruit Export Regulations

SOR/81-677

Current to June 20, 2022



OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (3) of the Legislation Revision and Consolidation Act, in force on June 1, 2009, provide as follows: Published consolidation is evidence

31 (1) Every copy of a consolidated statute or consolidated regulation published by the Minister under this Act in either print or electronic form is evidence of that statute or regulation and of its contents and every copy purporting to be published by the Minister is deemed to be so published, unless the contrary is shown. ... Inconsistencies in regulations

(3) In the event of an inconsistency between a consolidated regulation published by the Minister under this Act and the original regulation or a subsequent amendment as registered by the Clerk of the Privy Council under the Statutory Instruments Act, the original regulation or amendment prevails to the extent of the inconsistency.

LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only.

NOTE This consolidation is current to June 20, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”.

Current to June 20, 2022

TABLE OF PROVISIONS Regulations Respecting the Marketing in Export Trade of Tree Fruit Produced in British Columbia

Short Title

Interpretation

Application

Agency

Information

Search

Seizure and Disposal

Transportation

Current to June 20, 2022

ii

Registration SOR/81-677 August 31, 1981

AGRICULTURAL PRODUCTS MARKETING ACT

B.C. Tree Fruit Export Regulations

The British Columbia Tree Fruit Marketing Board, pursuant to section 3 of the British Columbia Tree Fruit Order*, hereby revokes the British Columbia Tree Fruit Export Regulations, C.R.C., c. 146, and makes the annexed Regulations respecting the marketing in export trade of tree fruit produced in British Columbia. Dated at Kelowna, British Columbia, this 25th day of August, 1981

*

SOR/79-818, 1979 Canada Gazette Part II, p. 4225

Current to June 20, 2022

Regulations Respecting the Marketing in Export Trade of Tree Fruit Produced in British Columbia

Short Title 1 These Regulations may be cited as the B.C. Tree Fruit

Export Regulations.

Interpretation 2 In these Regulations,

Agency means B.C. Tree Fruits Limited, a company incorporated under the laws of the Province and having its chief place of business at the City of Kelowna in the Province; (organisme) Board means the British Columbia Tree Fruit Marketing Board; (Office) marketing includes buying, selling, disposing of, offering for sale or other disposition, and the transportation in any manner by any person of the regulated product for marketing; (commercialisation) person includes a body corporate; (personne) Province means the Province of British Columbia; (province) regulated product means any tree fruit grown within the Province; (produit réglementé) vehicle includes any motor vehicle, wagon, railway car, ship, boat or other thing in which the regulated product can be transported. (véhicule)

Application 3 These Regulations apply to the marketing of the regulated product in export trade and to persons and property situated within the Province.

Current to June 20, 2022

B.C. Tree Fruit Export Regulations Agency Sections 4-7

Agency 4 (1) The Agency, having been designated by the Board

as the agency through which all regulated products shall be marketed locally within the Province, is hereby authorized as the sole agency through which all regulated products shall be marketed in export trade. (2) Notwithstanding subsection (1), the Board may, on

application from any person, designate that person as an agent to market any variety, grade, size or quantity of the regulated product in export trade.

(3) No person other than the Agency or a person designated by the Board under subsection (2) shall market any regulated product in export trade.

Information 5 Every person engaged in producing, packing, transporting, storing or marketing the regulated product in or for the purpose of export trade shall furnish to the Board, upon demand by any member or employee of the Board or any other person authorized by the Board, full and correct information relating to such production, packing, transporting, storing or marketing, and shall, at any reasonable time upon request, permit the Board or any member thereof or any officer or inspector of the Board or any other person authorized by the Board to inspect his books and premises.

Search 6 Every person in charge of any vehicle in which the regulated product could be transported for marketing in export trade shall permit any member or employee (a) who is accompanied by a police officer, or (b) has a warrant,

to search the vehicle.

Seizure and Disposal 7 (1) Any member of the Board, any inspector appointed by the Board and any police constable or any other person designated by the Board is hereby authorized and empowered on behalf of the Board to seize and, subject to the directions of the Board, to dispose of, any

Current to June 20, 2022

B.C. Tree Fruit Export Regulations Seizure and Disposal Sections 7-8

regulated product that is marketed in export trade in violation of an order of the Board.

(2) No person shall, without the authority of the Board,

transport, market, move or interfere with any regulated product that has been seized pursuant to subsection (1) while that product remains under seizure.

Transportation 8 (1) No person, except the Agency or a person acting

under its authority, shall transport or cause to be transported any grade, quality or class of the regulated product, or offer or accept any grade, quality or class of the regulated product for transportation in export trade. (2) Subsection (1) does not apply to (a) any person designated by the Board; and (b) any person transporting the regulated product under the direction or with the permission of the Board.

Current to June 20, 2022

