Fruit and Vegetable Sales Regulation

Fruit and Vegetable Sales Regulation, M.R. 207/87 R The Fruit and Vegetable Sales Act , C.C.S.M. c. F180 Regulation 207/87 R Registered May 29, 1987 bilingual version (HTML) Definitions 1 In this regulation, "condition defects" means any defect in produce that develops during storage or transit; (« défaut d'état ») "container" means a receptacle, package wrapper or confining band of ½ inches (13 mm) or more; (« contenant ») "department" means Department of Agriculture; (« ministère ») "diameter" means the greatest diameter at right angle to the longitudinal axis of a fruit or vegetable; (« diamètre ») "director" means the director of the Soils and Crops Branch, Department of Agriculture or his designated manager; (« directeur ») "establishment" means a factory, place, or other premises (a) in which produce is canned, preserved, or otherwise processed, and (b) that is registered under the Canada Agricultural Products Standards Act and the Processed Fruit and Vegetable Regulations made thereunder; (« établissement ») "grade name" means a grade name established by this regulation and includes any mark, description, or designation of a grade; (« nom de catégorie ») "inspection" means inspection by an inspector; (« inspection ») "inspection certificate" means a certificate issued by an inspector; (« certificat d'inspection ») "inspection point" means any place or area regularly attended by an inspector for the purpose of inspecting produce, or any place designated as an inspection point by the minister; (« point d'inspection ») "inspector" means a person appointed as an inspector under the Act; (« inspecteur ») "label" means any mark, sign, device imprint, stamp brand, ticket or tag; (« étiquette ») "lot" means that quantity of produce that for any reason is considered separately from other produce as the subject of an inspection; (« lot ») "metric" means unit of measurement set out in Schedule I to the Canada Weights and Measures Act ; (« unité métrique ») "minister" means the Minister of Agriculture; (« ministre ») "processor" means a person who cans or preserves produce, or manufactures products from produce, and who is registered as a processor under the Canada Agricultural Products Standards Act and Processed Products Regulations made thereunder; (« transformateur ») "producer" means a person who grows or raises or harvests the produce; (« producteur ») "program manager" means Program Manager, Food Inspection, Agriculture Canada; (« gestionnaire de programme ») "rutabaga" means that vegetable commonly known as "Swede turnip", but does not include the usually smaller species commonly known as "summer turnip". (« rutabaga ») General 2 This regulation applies only to the produce set out in Schedule A. 3(1) Subject to subsection (2) and to Sections 4, 15 and 16, no person shall pack, transport, ship, offer or accept for shipment, advertise, display, sell, offer for sale, or have in his possession for sale in Manitoba any produce that (a) has not been graded, packed, and marked in accordance with the Act and this regulation; (b) is below the minimum grade as set out in Schedule A; (c) is in a package the face or shown surface of which incorrectly represents the contents thereof; (d) is in a package that is damaged, stained, soiled, warped, torn, broken or otherwise deteriorated so as to affect materially the soundness or appearance of the package containing the produce; or (e) is in a package or container that does not have attached thereto a label that may be required under The Natural Products Marketing Act and the regulations thereunder. 3(2) Subsection (1) does not apply to (a) produce that is held by producers for purposes other than sale; (b) potatoes that have been certified as seed potatoes in accordance with Part VI of the regulations made under the Destructive Insect and Pest Act (Canada); (c) cherry tomatoes and mini carrots and the following kinds of produce the tops of which have not been removed namely: carrots, beets or onions; (d) onion sets; (e) produce that is being transported under the authority of a valid permit issued under this regulation, or under The Natural Products Marketing Act and regulations thereunder; or (f) produce that is being moved to an establishment for processing. 4(1) A program manager may, under such conditions as he may prescribe, authorize the movement of produce that is not graded, packed, and marked in accordance with this regulation, and is not regulated and controlled under The Natural Products Marketing Act and the regulations thereunder. 4(2) A person receiving produce transported under the authority of subsection (1) shall record in writing the name, quality, and quantity of the produce, the date of receipt thereof, the number of the permit, and the name of the producer from whom it was received, and he shall produce the written record on request of an inspector. 5(1) Subject to subsection (2) and (3) and section 24, the grades and grade names of produce are those set out in Schedule A. 5(2) Condition defects do not apply against the grade of any lot of produce other than apples, beets, carrots, onions, parsnips, pears, potatoes, or rutabagas, except at the time of shipment or at the time of repacking. 5(3) A tolerance of 5% in addition to that provided by the regulations respecting fresh fruit and vegetables made under the Canada Agricultural Products Standards Act with respect to the grades in Schedule A, is allowed for condition defects; but, in the case of potatoes, not more than 1% of the additional 5% may be decay, and in the case of apples, pears, beets, carrots, onions, parsnips or rutabagas not more than 2% of the additional 5% may be decay except at the time of shipment or at the time of repacking of any lot. 5(4) The grades, grade names and grade standards of produce set out and established by the Fresh Fruit and Vegetable Regulation under the Canada Agricultural Products Standards Act and as amended from time to time shall be deemed to be grades, grade names and grade standards of produce, as if they were incorporated in and formed part of this regulation. 6 No person shall in any manner misrepresent the variety, grade, weight, measure, ownership, packer, shipper, vendor, or origin of any produce. 7 Where a person advertises produce for sale specifying the price thereof, he shall also specify in the advertisement the grade, weight, or measure of the produce and country of origin if imported. 8 No person shall without proper authority use any mark, brand, stencil, or label designating any other owner, packer, shipper or vendor. Power and duties of inspectors 9(1) An inspector detaining any produce shall at the time and place of detention attach thereto a numbered detention tag; and no person shall sell, offer for sale, move, or allow or cause to be moved, the produce, or remove the detention tag, without the written authority of the inspector. 9(2) Within 24 hours after placing any produce under detention, the inspector shall deliver or mail to the packer, shipper, owner, or person in possession thereof, a Notice of Detention in such form as is prescribed by the minister. 10 Where an inspector is satisfied that any produce or produce package that has been placed under detention has been made to comply with the Act and this regulation, he may release it by issuing a Notice of Release in such form as is prescribed by the minister. 11 An inspector may take or cut samples from produce that he is inspecting. 12 Notwithstanding section 3, intra-provincial shipments of sweet corn may be in used containers. 13 Subject to The Natural Products Marketing Act and regulations thereunder, the director may on a trial basis authorize a person to package produce in weights and packages other than those prescribed for the grades set out in Schedule A. Handling produce 14 Produce that is displayed in bulk in a retail store is not subject to packaging and marking requirements for the grades set out in Schedule A. 15 Every person who displays produce in bulk for sale in a retail store shall at all times maintain the grade of that produce at a grade not lower than the lowest grade of that produce as shown in Schedule A. Inspection 16 A person who wishes to have produce inspected shall (a) give at least 24 hours notice to an inspector or, if there is no inspector in the area in which the produce is situated, give at least 48 hours notice to the nearest inspector or to the district supervisor for that area; (b) place the produce in such a manner that it is accessible and its quality and condition is fully disclosed; and (c) render the inspector such assistance as the inspector may require. 17 After inspecting produce, an inspector may (a) issue an inspection certificate in respect of the produce; (b) issue a card signed by him indicating that the produce has been inspected; or (c) withhold the inspection certificate and any other evidence or information pertaining to the inspection (i) if he has reason to believe that, because of latent defects due to climatic or other conditions, he is unable to determine the true quality or condition of the produce, (ii) to facilitate the enforcement of the Act or any regulation thereunder, or (iii) to give effect to instructions issued for the control of export or inter-provincial shipment of produce. 18(1) The program manager may, upon the application of a person financially interested in a lot of produce, grant an appeal inspection with respect to an inspection certificate issued for the lot of produce. 18(2) The program manager shall refuse to have the produce reinspected if (a) the produce cannot be made accessible for inspection; (b) the produce has lost its identity; or (c) less than 75% of the original lot is available for inspection. 18(3) Where the program manager grants an appeal inspection, an inspector reinspecting produce under this section may (a) confirm the findings of the original inspection; or (b) cancel the original certificate of inspection or card, as the case may be if his findings so warrant. 18(4) Where a program manager grants an appeal inspection, an inspector reinspecting produce shall consider only factors that could not have changed subsequent to original inspection. 19 The fees payable under this regulation shall be those prescribed under Part X (section 55 to 59) of the Consolidated Regulation of Canada C.285 as amended by P.C. 1975-287, 1980-733, 1980-1675, 1981-474 and 1981-1161 and as may be further amended from time to time. 20(1) In addition to grades of produce as shown in Schedule A there shall be grades of produce known as (a) Manitoba No. 1 Grade Potatoes; and (b) Manitoba No. 2 Grade Rutabagas. 20(2) Manitoba No. 1 Grade Potatoes are potatoes that meet all the requirements of Canada No. 1 Grade Potatoes as set out in section 61 of the Fruit and Vegetable Regulations, Canada Agricultural Products Standards Act , except that in the case of round varieties the minimum size shall be two inches (50 mm). 20(3) Manitoba No. 2 Grade Rutabagas are rutabagas that meet all the requirements of Canada No. 1 Grade Rutabagas except that they (a) are reasonably firm; (b) are fairly smooth and reasonably regular in contour, and the length of trimmed specimen of which is not more than two times the diameter; (c) are trimmed in such a way that (i) the tops do not exceed 1 inch (25 mm), and (ii) secondary roots, rootlets, and any objectionable parts of the root are removed; (d) are not trimmed (i) more than ½ inch (13 mm) in depth at the crown, (ii) so that the aggregate area of exposed flesh on the upper half of the root exceeds ½ of the diameter, or (iii) deeply into the flesh of the lower half of the root, or so as to alter the general shape of the root, or to detract materially from the appearance of the rutabaga; (e) are free from damage which means (i) free from growth cracks that are discolored, not well healed, or exceed ½ inch (13 mm) in depth, and (ii) free from any injury or defect or combination thereof that affects more than 25% of the surface of a rutabaga, or cannot be removed without loss of more than 15% of the weight including peel covering the defective area; or seriously affects the appearance, or shipping quality; (f) are a minimum diameter of three inches (76 mm) in diameter; and (g) when in a package, do not vary more than three inches (76 mm) in diameter. 20(4) Notwithstanding anything in this regulation, in the grading of rutabagas of Manitoba No. 2 Grade not more than (a) 10% of the packages, when the rutabagas are in packages, may contain specimens that exceed the permitted size variation; (b) 5% of the rutabagas by count may be affected by decay; and (c) 10% of the rutabagas by count may have grade defects other than those to which reference is made in clauses (a) and (b), if the rutabagas are to meet the grade standard for a grade. SCHEDULE A GRADE STANDARDS FOR FRESH VEGETABLES Vegetable Grade Grade Asparagus Canada #1 Canada #2 Beets Canada #1 Canada #2 Brussel Sprouts Canada #1 Canada #2 Cabbage Canada #1 Canada #2 Carrots Canada #1 Canada #2 Cauliflower Canada #1 Canada #2 Celery Canada #1 Canada #2 Canada #1 Heart Sweet Corn Canada #1 Cucumbers (Field) Canada #1 Canada #2 Cucumbers (Greenhouse) Canada #1 Canada #2 Head Lettuce (Iceberg Type) Canada #1 Canada #2 Onions Canada #1 Canada #2 Canada #1 Pickling Parsnips Canada #1 Canada #2 Potatoes Canada #1 Canada #2 Canada #1 Small Canada #1 Large Manitoba #1 Rutabagas Canada #1 Manitoba #2 Tomatoes (Field) Canada #1 Canada #2 Tomatoes (Greenhouse) Canada #1 Canada #2 Canada Commercial