Manitoba Broiler Hatching Egg Marketing Plan Regulation

Manitoba Broiler Hatching Egg Marketing Plan Regulation, M.R. 240/87 R The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 240/87 R Registered June 22, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Establishment and constitution of the marketing commission 4 Fiscal year 5 Audit 6 Officers 7 Committees 8 Remuneration 9 Duties of the commission 10 General powers of the commission 11 General marketing powers of the commission 12 Registration of producers, hatchery operators and transporters 13 Fees, levies and charges 14 Penalties 15 Production and marketing quotas 16 Approval of Manitoba council 17 Directed marketings 18 Pooling 19 Information 20 Prices 21 Certification of facilities 22 Exemptions Definitions 1 In this plan, "broiler breeder laying hen" means any hen used in the production of broiler hatching eggs; (« poule reproductrice de poulets à griller ») "broiler breeder laying hen quota" means the maximum number of broiler breeder laying hens that may be kept at any point in time or in any place by a registered producer as determined by the commission; (« contingent de poules reproductrices de poulets à griller ») "broiler breeder pullet" means any hen that is less than twenty weeks of age and is intended for the production of broiler hatching eggs; (« poulette reproductrice de poulets à griller ») "broiler breeder pullet producer" means any person who raises or keeps broiler breeder pullets within the province and includes the employer of any such person, a person who under any lease or agreement is entitled to a share of the broiler breeder pullets raised or kept by such a person, and a person who takes possession of any broiler breeder pullets from any such person under any form of security for a debt; (« producteur de poulettes reproductrices de poulets à griller ») "broiler hatching egg" means an egg that is suitable for incubation and is to be hatched as a chick for chicken production; (« œuf d'incubation de poulets à griller ») "broiler hatching egg marketing quota" means the quantity of broiler hatching eggs that a registered producer has been authorized to market during a specific period of time by the commission; (« contingent de commercialisation de œufs d'incubation de poulets à griller ») "broiler hatching egg producer" means any person who is engaged in the production of broiler hatching eggs within the province and includes the employer of any such person, a person who under any lease or agreement is entitled to a share of the broiler hatching eggs produced by any such person, and a person who takes possession of any broiler hatching eggs from any such person under any form of security for a debt; (« producteur d'œufs d'incubation de poulets à griller ») "chick" means a chick resulting from the hatching of a broiler hatching egg; (« poussin ») "commission" means The Manitoba Broiler Hatching Egg Commission; (« Commission ») "designated representative" means a person designated by a registered producer which is a corporation or partnership to attend meetings and vote on behalf of the corporation or partnership; (« représentant désigné ») "facility" includes any building, structure, equipment, or land used in connection with the production of broiler hatching eggs; (« installation ») "hatchery" means any building equipped with an incubator used for incubation of broiler hatching eggs, and includes any land or other buildings adjacent thereto and used in connection therewith; (« couvoir ») "hatchery operator" means any person who is engaged in the operation of a hatchery; (« couvoirier ») "hen" means the female of any class of domestic chicken that is twenty weeks of age or older; (« poule ») "Manitoba council" means The Manitoba Natural Products Marketing Council; (« Conseil manitobain ») "marketing" means selling, or offering for sale, buying, purchasing or offering to buy or purchase and includes advertising, packing, storing, shipping and transporting, within the province, but does not include packing and storage by a producer on his premises; (« commercialisation ») "quota" means a broiler breeder laying hen quota or a broiler hatching egg marketing quota, or both, as the context may require; («  contingent ») "registered producer" means a broiler hatching egg producer who is duly registered with or licensed by the commission, and whose registration or licence is in good standing; (« producteur inscrit ») "regulated product" includes any broiler hatching egg and any chick; (« produit réglementé ») "transporter" means any person engaged in the gathering, hauling or transporting of broiler hatching eggs or broiler breeder pullets within the province. (« transporteur ») Purpose 2(1) The general purpose and intention of this plan is to provide for effective control, regulation and promotion, in any and all respects, by the commission, of the marketing of the regulated product within the province. 2(2) The specific purposes of this plan are: (a) to maintain fair and equitable prices for broiler hatching eggs; (b) to develop and maintain the orderly marketing of broiler hatching eggs; (c) to provide a consistently high quality of broiler hatching eggs for the market; (d) to maintain an adequate supply of broiler hatching eggs for hatcheries; and (e) to gather, compile and distribute statistical information related to the production and marketing of broiler hatching eggs, chicks, and broiler breeder pullets. Establishment and constitution of the marketing commission 3(1) The Manitoba Broiler Hatching Egg Commission is hereby established. 3(2) The Commission shall consist of not less than three and not more than nine members appointed by the Lieutenant Governor in Council. M.R. 60/94; 245/2004 3(3) A majority of the members of the commission constitutes a quorum for the transaction of business of the commission. Fiscal year 4 The fiscal year of the commission shall end on the last day of December in each year. Audit 5 The commission shall, by resolution, appoint a qualified auditor to audit the financial books and records kept by the commission. Officers 6(1) The members of the commission shall annually elect a vice-chairman from among their members and they may appoint a secretary-treasurer and such other officers as are deemed necessary. 6(2) The chairman, or in his absence or incapacity the vice-chairman, shall call and preside at all meetings of the commission. 6(3) The officers of the commission shall carry out such duties as are assigned to them by the commission. Committees 7 The commission may appoint such committees as they deem necessary or desirable for the proper operation of this plan, and it shall also appoint such committees for such purposes as may be requested by the Manitoba council. Remuneration 8 The chairman, officers and other members of the commission or of any committee appointed by the commission may be paid such remuneration as may be fixed by resolution of the commission and which shall be paid as an expense out of the general revenue of the commission, but any such resolution has no force or effect unless it is approved by the Manitoba council. Duties of the commission 9(1) Every rule, regulation and order made by the commission under this plan, the Act or the regulations, shall be signed by the proper officers on behalf of the commission under the seal of the commission, shall be numbered in consecutive order, and shall be open for inspection by any registered producer or by any person designated by the Manitoba council, at the head office of the commission during regular business hours. 9(2) All rules, regulations and orders made by the commission shall be reviewed and consolidated annually by the commission. 9(3) The commission shall cause such books and records to be maintained as may be required for the proper administration of this plan; and those books and records shall be open for inspection by the Manitoba council at any reasonable time. 9(4) The commission shall maintain a head office within Manitoba, and it shall make the location thereof known to those persons carrying on business with the commission. 9(5) The commission shall report annually to the Manitoba council in respect of the activities of the commission and the annual report shall contain a copy of the audited financial statements of the commission for the last preceding fiscal year in a manner prescribed by the Manitoba council. General powers of the commission 10 In carrying out its duties and functions, the commission may: (a) open bank accounts in the name of the commission and appoint signing officers; (b) borrow money on its credit and give security for money borrowed; (c) enter into agreements with registered producers and any other persons respecting the production and marketing of the regulated product; (d) acquire and hold real and personal property in its name, mortgage any such property for the purpose of the commission and sell or otherwise dispose of any such property when no longer required for the purpose of the commission; (e) purchase, store, process or sell the regulated product; (f) compile, publish, distribute and furnish information with respect to broiler hatching eggs, chicks, broiler breeder pullets; (g) establish branch offices; and (h) do all such other things as are necessary or incidental to the exercise of any of its powers or the carrying out of any of its functions under the Act or this plan. General marketing powers of the commission 11(1) The regulated product is under the jurisdiction of the commission. 11(2) The commission has all of the powers and rights of a commission as set out in the Act and the regulations made under the Act. 11(3) Notwithstanding subsection (2), an agreement entered into under section 25 of the Act shall be subject to the approval of the Lieutenant Governor in Council. 11(4) The regulated product may be controlled, regulated, and marketed by the commission. 11(5) The commission is vested with the power necessary to effectively achieve the objectives of this plan and promote, control and regulate the marketing of regulated product that is produced within the province and to prohibit such marketings in whole and in part. 11(6) Subject to the Act, the commission may perform such acts and make such rules, orders and regulations as it deems necessary or advisable to enable it to administer this plan effectively and to control and regulate the marketing of the regulated product. Registration of producers, hatchery operators and transporters 12(1) The commission may require broiler hatching egg producers, hatchery operators and transporters of the regulated products to register with or obtain licenses from the commission on such conditions and in such form and for such fees as the commission may determine, and may cancel, suspend and reinstate any such registration or licence. 12(2) The commission shall keep and maintain at its head office, a register containing the names and addresses of each registered or licensed broiler hatching egg producer, hatchery operator or transporter of the regulated product. 12(3) The commission may cancel or suspend the registration or licence of a broiler hatching egg producer, hatchery operator or transporter who is not entitled to be registered or licensed or who fails to comply with the Act and regulations, or the rules, order, or regulations of the commission, or any terms or conditions of any registration or licence granted by the commission. 12(4) Written notice of intention to cancel or suspend the registration or licence of a broiler hatching egg producer, hatchery operator or transporter shall be served on him by the commission, either in person or by registered or certified mail, at least two weeks prior to the date of cancellation or suspension. 12(5) Any broiler hatching egg producer, hatchery operator or transporter who objects to the cancellation or suspension of his registration or licence by the commission may notify the secretary thereof, and if he is not satisfied he may refer the matter to the Manitoba council, which may hear the broiler hatching egg producer, hatchery operator or transporter or the commission, or both of them, and may confirm the cancellation or suspension, or order, the reinstatement of the registration or licence of the broiler hatching egg producer, hatchery operator, or transporter, and the decision of the Manitoba council is final. Fees, levies and charges 13 The commission may make regulations imposing fees, levies and charges payable to it or on its behalf on broiler hatching egg producers and/or hatchery operators, and providing for the collection as its agent of such fees, levies and charges and the remission thereof to it by any person engaged in the marketing of such regulated product. Penalties 14 The commission may make regulations controlling (a) the quantity, quality, variety, class or grade of broiler breeder eggs that may be marketed by imposing penalties on broiler breeder egg producers; and (b) the quantity, class or variety of broiler breeder laying hens that may be raised or kept at any time or in any place by a person engaged in the production of broiler hatching eggs by imposing penalties on those persons. Production and marketing quotas 15(1) The commission may make orders determining the quantity, class or variety of broiler breeder laying hens that may be raised or kept at any time or in any place by a person engaged in the production of broiler hatching eggs. 15(2) The commission may make orders determining the quantity, quality, variety, class or grade of broiler hatching eggs that may be marketed at any time or in any place by a broiler hatching egg producer. 15(3) A quota allotted to a broiler hatching egg producer by the commission belongs to the commission. No person shall transfer, assign or sell a quota to another person. No person shall offer to transfer, assign or sell a quota to another person, or receive payment for a quota, or offer to buy a quota from a broiler hatching egg producer, or make a payment to a broiler hatching egg producer for a quota. M.R. 33/94 15(4) Notwithstanding anything contained in this section, where a broiler hatching egg producer intends to sell, lease, license or otherwise assign any facility used by him, the commission may reduce or cancel the quota of the producer so selling, leasing, licensing or otherwise assigning such facility or may re-allot to the person acquiring the facility a quota in respect of that facility either on a temporary or on a permanent basis. 15(5) Where a quota has been issued in the name of an association, partnership, body corporate, trust or other organization, the commission may reduce or cancel the quota if there is a change in the legal or beneficial ownership of that association, partnership, body corporate, trust or other such organization. 15(6) The commission may reduce or cancel a quota allotted to a broiler hatching egg producer who has entered into a contract or an agreement that would deprive him of the right to the proceeds from the marketing of his regulated product. M.R. 33/94 Approval of Manitoba council 16 No regulation made under section 13, 14, and no order made under section 15 shall become effective until approved by the Manitoba council. Directed marketings 17 The commission may make orders determining the time and place at which and the agency through which a broiler hatching egg, or any variety, class or grade thereof, shall be marketed by a producer thereof. Pooling 18(1) The commission may conduct a pool for the distribution of all moneys received from the sale of a broiler hatching egg by a registered producer. 18(2) The commission shall, after deducting all necessary and proper disbursements and expenses, and after making such allowances for reserves as may be approved by the Manitoba council, distribute the remainder of the moneys received from the sale of such broiler hatching eggs in such manner that each producer receives from the remainder of the moneys received from the sale of a share thereof relative to the quantity, quality, variety, grade, class or size of the broiler hatching eggs delivered by him. 18(3) The commission may make an initial payment on delivery of broiler hatching eggs by a producer, and subsequent payments until all the remainder of the moneys received from the sale is distributed to the producer. Information 19 The commission may make orders requiring a broiler hatching egg producer, a hatchery, a broiler breeder pullet producer, and any other person engaged in the marketing of the regulated product or of a broiler breeder pullet, to report to it information respecting such marketing. Prices 20 The commission may make orders fixing minimum prices, or maximum prices, or both maximum and minimum prices, or a price at which broiler hatching eggs or any variety, class or grade thereof may be sold by any broiler hatching egg producer. Certification of facilities 21 The commission may certify a registered producer's facility and in allotting a quota to that registered producer may make it a condition of such quota that the broiler breeder laying hens raised or kept by him must be raised or kept in such facility, and that the broiler hatching eggs marketed by him must be produced on or in such facility. Special programs 21.1 The commission may (a) establish or assist in the establishment of programs for the prevention or control of diseases that may impact on the regulated product and may provide assistance to the owner of any animal destroyed or disposed of in the interest of the broiler hatching egg industry or in the public interest; and (b) initiate, encourage, support and conduct programs and research into any aspect contributing to the production, quality or market development of the regulated product; and may use fees, levies or charges imposed by it for such purposes. M.R. 33/94 Exemptions 22 The commission may exempt from any rule, order, or regulation any person or class of persons engaged in the production or marketing of broiler hatching eggs, chicks, or broiler breeding pullets, or any class, variety or grade thereof.