Manitoba Egg and Pullet Producers Marketing Plan Regulation

Manitoba Egg and Pullet Producers Marketing Plan Regulation, M.R. 70/2005 The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 70/2005 Registered May 9, 2005 bilingual version (HTML) Table of Contents Section DEFINITIONS AND INTERPRETATION 1 Definitions and interpretation PURPOSES AND APPLICATION OF THIS PLAN 2 Purpose and application MANITOBA EGG FARMERS 3 Continuation of Manitoba Egg Farmers 4 Administration by-law 5 Officers 6 Remuneration 7 Committees 8 Duties of the board 9 Fiscal year 10 Audit GENERAL POWERS OF THE BOARD 11 General production and marketing powers of the board SPECIFIC POWERS OF THE BOARD 12 Registration and licensing of producers, transporters and processors 13 Information 14 Transportation 15 Exemptions 16 Directed marketings 17 Pooling 18 Price orders REGULATIONS REQUIRING COUNCIL APPROVAL 19 Approval of the Manitoba council 20 Fees and levies 21 Penalties ORDERS REQUIRING COUNCIL APPROVAL 22 Approval of the Manitoba council 23 Quotas CERTIFICATION OF FACILITIES 24 Certification of capacity of facilities GENERAL PROVISIONS 25 General requirements for regulations and orders 26 Partnerships and shared arrangements 27 Non-application TRANSITIONAL 28 Orders and regulations of board continued REPEAL 29 Repeal DEFINITIONS AND INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "administration by-law" means the administration by-law referred to in section 4. (« règlement administratif ») "board" means Manitoba Egg Farmers. (« office de producteurs ») "designated representative" means an individual appointed in accordance with the administration by-law by a registered producer that is a corporation or a partnership, to attend meetings and vote on behalf of the corporation or partnership, and to exercise the privileges described in the by-law. (« représentant désigné ») "egg producer" means a person who is engaged in the production of eggs within the province. (« producteur d'œufs ») "eggs" means any variety, grade or class of eggs of a hen. (« œufs ») "facility" means any building, structure, equipment or land used for the production of a regulated product. (« installation ») "hen" means the female of any class of domestic chicken belonging to the species Gallus domesticus . (« poule ») "laying hen" means a mature hen that is part of a flock that has begun to lay eggs. (« poule pondeuse ») "laying hen quota" means the maximum number of laying hens that may be raised or kept at any time or in any place by a registered producer, as determined by the board. (« quota de poules pondeuses ») "marketing" means selling, offering for sale, preparing for sale, buying, storing, grading, assembling, packing, transporting, processing, advertising or financing, and includes the processing of a regulated product by a producer. (« commercialisation ») "marketing quota" means the quantity of a regulated product that a registered producer has been authorized to market during a specified period of time by the board. (« quota de commercialisation ») "processing" includes washing, grading, sizing, breaking, or changing the nature, form, size, shape, quality or condition of eggs. (« traitement ») "produce" means to raise or to keep laying hens or pullets, and includes any activity in producing eggs or preparing live pullets for market. (« produire ») "producer" means an egg producer or a pullet producer or both, as the context may require. (« producteur ») "pullet" means a hen that is not a laying hen. (« poulette ») "pullet producer" means a person who raises or keeps pullets, or who is engaged in any activity in preparing live pullets for market. (« producteur de poulettes ») "pullet production quota" means the maximum number of pullets that may be raised or kept at any time or in any place by a registered producer, as determined by the board. (« quota de production de poulettes ») "quota" means a laying hen quota, a pullet production quota or a marketing quota, or any two or all of them, as the context may require. (« quota ») "registered producer" means a producer who is duly registered with or licensed by the board, and whose registration or licence is in good standing. (« producteur inscrit ») "regulated product" means eggs produced, or laying hens or pullets raised or kept, within Manitoba. (« produit réglementé ») "transportation" includes the gathering, haulage, movement or relocation of live pullets, live laying hens or eggs within Manitoba. (« transport ») M.R. 1/2010 Interpretation 1(2) A reference in this plan to an "annual general meeting" or an "annual or special general meeting" means a meeting of registered producers and designated representatives, as provided for in the administration by-law. PURPOSES AND APPLICATION OF THIS PLAN Purpose and application 2(1) The general purpose of this plan is to provide for the promotion, regulation and management of the production and marketing of the regulated product, by the board, within Manitoba. 2(2) The specific purposes of this plan are (a) to maintain fair and equitable prices for the regulated product for producers; (b) to develop and maintain systems for the orderly production and marketing of the regulated product; (c) to provide a uniform high quality of the regulated product for the market; (d) to maintain adequate advertising and promotion of the regulated product; (e) to encourage a continuous supply of the regulated product for trade; and (f) to gather, compile and distribute statistical information related to the production and marketing of eggs and pullets. 2(3) This plan applies to all of Manitoba. MANITOBA EGG FARMERS Continuation of Manitoba Egg Farmers 3(1) Manitoba Egg Farmers, continued by Manitoba Regulation 242/87 R, is continued as a board. M.R. 1/2010 3(2) The board is to consist of a minimum of three and a maximum of nine members, as may be specified in the administration by-law, who at all times must be registered producers or designated representatives. 3(3) The members are to be elected by and from the registered producers and designated representatives, in accordance with the administration by-law. 3(4) A majority of the members constitutes a quorum for the transaction of business of the board. Administration by-law 4(1) The administration by-law in effect on the day this section comes into force remains in effect until it is repealed, replaced or amended in accordance with this section. 4(2) The administration by-law may be repealed, replaced or amended to otherwise provide for (a) the qualification of individuals to be appointed designated representatives; (b) the method of appointing designated representatives; (c) the establishment of districts; (d) the method of giving notice of and the holding of meetings; (e) the election of members of the board; and (f) such other matters related to the conduct of meetings and the governance of the board as are considered necessary for the administration of this plan. 4(3) The administration by-law may by resolution be repealed, replaced or amended by a majority vote of those present and voting at an annual or special general meeting, if written notice has been mailed to each registered producer or designated representative at least seven days before the meeting, providing a copy of the resolution setting out the proposed repeal, replacement, or amendment, or a summary of the proposal. 4(4) The administration by-law may be repealed, replaced or amended at an annual or special general meeting, without the notice required in subsection (3), upon a resolution receiving the affirmative vote of at least 75% of those present and voting at such a meeting. 4(5) A resolution proposing the repeal, replacement or amendment of the administration by-law must be expressed to be subject to the approval of the Manitoba council, and does not take effect until a copy of the resolution is filed with the Manitoba council and approved by it. Officers 5(1) Members of the board must meet without delay after each annual general meeting, and elect a chair and a vice-chair from among their number. The board may appoint a secretary, a treasurer and any other officers that it considers necessary, who need not be members of the board. 5(2) The chair, or in the chair's absence the vice-chair, must call and preside at all meetings of the board and at all annual or special general meetings. 5(3) The officers of the board must carry out the duties that are assigned to them by the board. Remuneration 6(1) The chair, officers and other members of the board or any committee appointed by the board may be paid remuneration in an amount that may be fixed by resolution of the board. 6(2) A resolution to pay remuneration is not effective unless it is approved by the Manitoba council. 6(3) Remuneration under subsection (1) must be paid as an expense out of the general revenue of the board, and shown in the annual report presented to the annual general meeting in each year. Committees 7 The board may appoint any committees that it considers necessary or desirable for the proper operation of this plan, and must appoint any committees that the Manitoba council requests it to appoint, in the form and for the purpose that the Manitoba council directs. Duties of the board 8(1) The board shall maintain books and records as required for the proper administration of this plan, which must be open for inspection by the Manitoba council at any reasonable time. 8(2) The board must maintain a head office and make its location known to persons who carry on business with the board. 8(3) The board must hold an annual general meeting of registered producers and designated representatives each year within six months after the end of the board's fiscal year, and it may hold any other general meetings that it considers necessary or advisable. 8(4) The board must make an annual report about its activities to the annual general meeting and to the Manitoba council, and the report must contain a copy of the audited financial statements of the board for the previous fiscal year. 8(5) The board must provide any other reports and information to the Manitoba council as it may from time to time require. Fiscal year 9 The fiscal year of the board is as determined by the administration by-law. Audit 10 A qualified auditor must be appointed by resolution passed at an annual or special general meeting for the purpose of auditing the books of the board. If an auditor is not so appointed, the board must itself appoint an auditor for that purpose. GENERAL POWERS OF THE BOARD General production and marketing powers of the producer board 11(1) The regulated product is under the jurisdiction of the board. 11(2) The regulated product may be marketed by the board. 11(3) Under the supervision of the Manitoba council, the board may perform acts, adopt policies and procedural rules, and make orders and regulations, as it considers necessary to administer this plan in accordance with its objectives, and to promote, regulate and manage the production and marketing of the regulated product. 11(4) For the purpose of carrying out its duties and functions the board may (a) open bank accounts in the name of the board and appoint signing officers; (b) borrow money on its credit and give security for money borrowed; (c) enter into agreements with producers and any other persons relating to the operation of this plan; (d) acquire and hold real and personal property in its name, mortgage property for the purposes of the board and sell or otherwise dispose of property when it is no longer required for the purposes of the board; (e) purchase, store, process or sell the regulated product; (f) advertise and promote the egg and pullet industries in any manner it considers advisable, and compile, publish, distribute and provide information about the egg and pullet industries; (g) establish or assist in the establishment of programs for the prevention or control of diseases that may impact on the regulated product, and provide financial or other assistance to the owner of any fowl quarantined, treated, destroyed or disposed of in the interest of producers or in the public interest; (h) establish or assist in the establishment of programs to facilitate or require the removal of laying hens from egg production to avoid the production of eggs in excess of market demand, and to pay compensation to the owners of such laying hens; (i) initiate, encourage, support and conduct programs and research into any aspect contributing to the production, quality, market development or market retention of the regulated product; (j) participate in associations that are relevant to the egg and pullet industries; and (k) subject to the Act and this plan, do any thing and make any orders, rules and regulations that it considers necessary or advisable to enable it to administer this plan. SPECIFIC POWERS OF THE BOARD Registration and licensing of producers, transporters and processors 12(1) The board may make orders requiring producers, transporters or processors of the regulated product to register with or obtain licences from the board on such conditions and for such term, and on payment of such fees, as the board may determine. 12(2) The board must keep and maintain at its head office a register containing (a) the name and address of each registered or licensed producer, transporter and processor; and (b) the location of the facility or facilities used by each registered producer. 12(3) The board may cancel or suspend the registration or licence of a producer, transporter or processor who, in its opinion, (a) is not entitled to be registered or licensed; or (b) fails to comply with the Act, a regulation or order made or issued under the Act, or any condition of a registration or licence granted by the board. The board may reinstate a cancelled or suspended registration or licence on such conditions, and on payment of such fees, as the board may determine. 12(4) Written notice of intention to cancel or suspend the registration or licence of a producer, transporter or processor must be served on that person by the board, either in person or by registered mail, at least two weeks before the date of the proposed cancellation or suspension. 12(5) A producer, transporter, or processor who objects to the cancellation or suspension of his or her registration or licence may notify the secretary of the board in writing of his or her objections, and the grounds for them. Information 13 The board may make orders requiring a person who raises or keeps laying hens or pullets, or who produces or markets a regulated product, to provide it with any information or record relating to such activities that the board considers necessary. Transportation 14 The board may make orders regulating the transportation of a regulated product in Manitoba. Exemptions 15 The board may make orders exempting from any regulation or order made by it (a) any quantity, quality, variety, class or grade of a regulated product; and (b) any person or class of persons who produce or market a regulated product, or any specified producers or purchasers of a regulated product or of any quantity, quality, variety, class or grade of a regulated product. In the making of such an order the board may also authorize a person to produce or market a quantity of a regulated product on a temporary basis on terms specified by the board. Directed marketings 16 The board may make orders determining the time and place at which, and designating the agency through which, a regulated product, or any quantity, quality, variety, class or grade of a regulated product, must be marketed by a producer. Pooling 17(1) The board may conduct a pool for distributing to producers all money received from the sale of a regulated product. 17(2) In conducting a pool, the board must, after (a) deducting all necessary and proper disbursements and expenses; and (b) making such allowances for reserves as may be approved by the Manitoba council; distribute the remainder of the money received from the sale of the regulated product in a manner such that each producer receives a share relative to the quantity, quality, variety, class, grade, weight or size of the regulated product delivered by the producer. 17(3) The board may make an initial payment on delivery of a regulated product by a producer, and subsequent payments until the remainder of the money received from the sale of the regulated product is distributed to producers. Price orders 18 The board may make orders fixing (a) the minimum or maximum price, or both; or (b) the price; at which a regulated product, or any variety, class, grade or weight of a regulated product, may be sold by a producer. REGULATIONS REQUIRING COUNCIL APPROVAL Approval of the Manitoba council 19 A regulation made under section 20 or 21 is not effective until approved by the Manitoba council. Fees and levies 20 The board may make regulations (a) assessing fees and levies payable to it by producers of a regulated product, and providing for the collection of such fees and levies; and (b) requiring a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any fees or levies payable by the producer to the board and to remit them to it together with any information or record relating to such fees or levies, or to the production or marketing of the regulated product, that the board considers necessary. Penalties 21 The board may make regulations (a) controlling the quantity, quality, variety, class or grade of any regulated product that may be produced or marketed by imposing penalties on producers and collecting such penalties; (b) controlling the quantity, age, class or variety of pullets and laying hens that may be raised or kept at any time or in any place by a person engaged in the production of pullets or eggs by imposing penalties on producers and collecting such penalties; and (c) requiring a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any penalties payable by the producer to the board and to remit them to it. ORDERS REQUIRING COUNCIL APPROVAL Approval of the Manitoba council 22 An order made under section 23 is not effective until approved by the Manitoba council. Quotas 23(1) The board may make orders requiring the production or marketing, or both, of a regulated product to be conducted pursuant to a quota on such basis, and on payment of such fees, as it considers appropriate, including governing, with respect to registered producers (a) the fixing and allotting of quotas; (b) the increase or reduction of quotas; (c) the cancelling of quotas; and (d) the refusal to fix and allot quotas. 23(2) An order under subsection (1) may (a) prohibit the production or marketing, or both, of the regulated product or any quantity, age, quality, variety, class, grade or weight of the regulated product; (b) require a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any fees payable by the producer to the board and to remit them to it. 23(3) A quota allotted to a producer by the board belongs to the board. 23(4) No person shall (a) transfer, assign or sell a quota to another person; (b) offer to transfer, assign or sell a quota to another person; (c) receive payment for a quota, or make a payment to a producer for a quota; (d) buy or offer to buy a quota from a producer; or (e) take or purport to take an interest in a quota, or grant or purport to grant an interest in a quota, for the purpose of securing or purporting to secure a payment or the performance of an obligation. 23(5) Nothing in this section prohibits the board from operating a program that re-distributes quotas on the basis of payments made to the board by participants in the program, or payments received by participants from the board. 23(6) Despite anything in this section, if a person intends to sell, lease, license or otherwise assign a facility used by a producer to produce or market a regulated product, the board may reduce or cancel the quota of that producer, and may allot to the person acquiring the facility a quota either on a temporary or permanent basis in respect of that facility. 23(7) If a quota has been issued in the name of an association, partnership, body corporate, trust or other organization, the board may reduce or cancel the quota if there is a change in the legal or beneficial ownership of that organization. 23(8) The board may reduce or cancel a quota allotted to a producer who enters into a contract or agreement that deprives the producer of the right to the proceeds from the marketing of the regulated product produced by that producer. CERTIFICATION OF FACILITIES Certification of capacity of facilities 24 The board may certify a facility for use in the production or marketing of a regulated product and may impose one or both of the following conditions in the allotment of a quota to a producer: (a) that the regulated product raised, kept or produced by the producer be raised, kept or produced in that facility; (b) that the regulated product marketed by the producer be raised, kept or produced in that facility. GENERAL PROVISIONS General requirements for regulations and orders 25 Every regulation and order made by the board under this plan, the Act or the regulations must be (a) signed by the proper officers under the seal of the board; and (b) open for inspection by any producer or by any person designated by the Manitoba council, at the head office of the board during regular business hours. Partnerships and shared arrangements 26(1) For the purpose of this plan and any regulation or order made by the board, if two or more persons produce or market a regulated product together, the regulated product produced or marketed by one of them is deemed to be produced or marketed by the other person or persons, and such persons shall be treated as a single person for the purpose of determining the amount of a regulated product produced or marketed by any of them. 26(2) Subsection (1) applies when the persons produce or market a regulated product (a) in partnership; (b) in circumstances in which they share facilities, equipment, labour or services provided directly or indirectly by any or all of them or by the same corporation, firm or individual, whether the sharing is familial, communal or otherwise; or (c) in circumstances where one or more of the persons has an interest in an employment arrangement, a management arrangement or a loan or a guarantee involving one or more of the other persons, other than the lending of money to a person in the ordinary course of business by a bank, credit union, trust company, Farm Credit Canada, the Manitoba Agricultural Credit Corporation or any other commercial lender approved by the Manitoba council. 26(3) The board may direct that this section does not apply to a person or a class of persons. Non-application 27(1) This plan does not apply to eggs produced and sold or used by the producer of such eggs for hatching purposes. 27(2) The provisions of this plan applicable to the raising and keeping of laying hens and the marketing of eggs, except sections 13 to 15 and section 26, do not apply to a person who raises or keeps less than 100 laying hens. TRANSITIONAL Orders and regulations of board continued 28 Every order and regulation made or issued under the Manitoba Egg and Pullet Producers' Marketing Plan Regulation , Manitoba Regulation 242/87 R, that was in force immediately before the coming into force of this plan, continues under this plan, and may be altered or enforced as if made under this plan. REPEAL Repeal 29 The Manitoba Egg and Pullet Producers' Marketing Plan Regulation , Manitoba Regulation 242/87 R, is repealed.