Manitoba Honey Marketing Plan Regulation

Manitoba Honey Marketing Plan Regulation, M.R. 244/87 R The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 244/87 R Registered June 22, 1987 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Purpose 3 Establishment and constitution of producer board 4 Orders and regulations of producer board continued 5 Administration by-law continued 6 Fiscal year 7 Audit 8 Officers 9 Committees 10 Remuneration 11 Duties of the producer board 12 General powers of the producer board 13 General marketing powers of the producer board 14 Registration of producers 15 Fees, levies and charges 16 Penalties 17 Approval of Manitoba council 18 Rebate of fees 19 Information 20 Prices 20.1 Special programs 21 Exemptions 22 Association Definitions 1 In this plan, "honey" means the nectar exudation of plants, gathered, modified and stored in the comb by honeybees; (« miel ») "marketing" means selling, or offering for sale, processing, 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 storing by a producer on the producer's premises; (« commercialisation ») "produce" means to keep honeybees for the purpose of producing honey within Manitoba; (« produire ») "producer board" means the Manitoba Beekeepers' Association; (« organisation de producteurs ») "registered producer" means a producer who is duly registered as a beekeeper with the Manitoba Beekeepers' Association and whose registration is in good standing; (« producteur inscrit ») "regulated product" means any honey produced in Manitoba, or a honey product containing more than fifty percent of honey produced in Manitoba. (« produit réglementé ») M.R. 177/92; 35/2016 Purpose 2(1) The general purpose and intention of this plan is to provide for the effective control, regulation and promotion, in any and all respects, by the producer board, 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 the regulated product; (b) to promote the orderly marketing of the regulated product; (c) to provide a consistently 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 the trade; and (f) to gather, compile and distribute information related to the production and marketing of the regulated product. Establishment and constitution of producer board 3(1) The Manitoba Honey Marketing Board is continued as a producer board under the name "Manitoba Beekeepers' Association". 3(2) The producer board shall consist of not less than 5 or more than 12 persons who shall at all times be registered producers or designated representatives of registered producers and who shall be elected in accordance with the provisions of the administration by-law. 3(3) A majority of the members of the producer board constitutes a quorum for the transaction of the business of the producer board. M.R. 177/92; 35/2016 Orders and regulations of producer board continued 4 Until altered by an order or regulation made or issued under this plan, every order or regulation made or issued under the Manitoba Honey Marketing Plan that was in force immediately before the coming into force of this plan and substituting the day this plan comes into force, is continued and is valid in all respects as if the order or regulation has been made or issued under this plan. Administration by-law continued 5(1) The administration by-law that is in force on the date this section comes into force continues in force. 5(1.1) [Repealed] M.R. 35/2016 5(2) 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 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. 5(3) The administration by-law may be repealed, replaced or amended at an annual or special general meeting, without the notice required in subsection (2), upon a resolution receiving the affirmative vote of at least 2/3 of those persons present and voting at such a meeting. 5(4) 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. M.R. 177/92; 35/2016 Fiscal year 6 The fiscal year of the producer board shall end on the last day of July in each calendar year. M.R. 177/92; 130/2000 Audit 7 A qualified auditor to audit the books kept by the producer board in a manner which may be prescribed by council shall be appointed by resolution passed at an annual or general meeting of the registered producers; and if an auditor is not so appointed, the producer board shall appoint an auditor. Officers 8(1) Members of the producer board shall meet forthwith following each annual meeting of registered producers, and shall elect a chair and a vice-chair from among their number; and they may appoint a secretary and a treasurer and such other officers as are deemed necessary; and such other officers so appointed need not be members of the producer board. 8(2) The chair, or in the chair's absence or incapacity the vice-chair, shall call and preside at all meetings of the producer board and at all special and annual meetings of the registered producers. 8(3) The officers of the producer board shall carry out such duties as are assigned to them by the producer board. M.R. 35/2016 Committees 9 The producer board may appoint such committees as are deemed necessary or desirable for the proper operation of this plan; and it shall appoint such committees for such purposes as may be requested by the Manitoba council. Remuneration 10 The chair, officers and other members of the producer board or of any committee appointed by the producer board may be paid such remuneration as may be fixed by resolution of the producer board, which shall be paid as an expense out of the general revenue of the producer board, only if it is approved by the annual meeting of registered producers but such resolution has no force or effect unless it has also been approved by the Manitoba council. M.R. 35/2016 Duties of the producer board 11(1) Every rule, regulation and order made by the producer board under this plan, the Act or the regulations, shall be signed by the proper officers under the seal of the producer board, shall be numbered in consecutive order, shall be forwarded to the Manitoba council and shall be open for inspection at the head office of the producer board or the Manitoba council during regular business hours. 11(2) All rules, regulations and orders made by the producer board shall be reviewed and consolidated annually by the producer board. 11(3) The producer board 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. 11(4) The producer board shall maintain a head office; and it shall make the location thereof known to those persons carrying on business with the producer board. 11(5) The producer board shall hold an annual meeting of the registered producers each year within six months following the fiscal year end of the producer board; and it may hold such other special meetings as are deemed necessary or advisable. 11(6) The producer board shall report to the annual meeting of the registered producers and to the Manitoba council, in respect of the activities of the producer board; and the annual report shall contain a copy of the audited financial statements of the producer board for the last previous fiscal year. 11(7) The producer board shall provide such other reports and information as may be required by the Manitoba council. General powers of the producer board 12 In carrying out its duties and functions the producer board may (a) open bank accounts in the name of the producer board 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 producer board and sell or otherwise dispose of any such property when no longer required for the purposes of the producer board; and (e) advertise and promote the industry in such a manner as it may deem advisable, and compile, publish, distribute and furnish information with respect thereto. General marketing powers of the producer board 13(1) The regulated product is under the jurisdiction of the producer board. 13(2) The producer board has all of the powers and rights of a producer board as set out in the Act and the regulations made under the Act. 13(3) Subject to the Act, the producer board may do 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. 13(4) The producer board may affiliate itself with groups or organizations that are directly involved in the marketing of the regulated product. M.R. 35/2016 Registration of producers 14(1) The producer board may make regulations or orders requiring producers of the regulated product, except those exempt from registering pursuant to subsection 21(3) of this plan, to register with or obtain licenses from the producer board on such conditions and in such form and for such fees as the producer board may determine, and may cancel, suspend and reinstate any such registration or license. 14(2) The producer board must make and maintain a register containing the names and addresses of each registered or licensed producer of the regulated product. 14(3) The producer board may cancel or suspend the registration or license of a producer who is not entitled to be registered or licensed or who fails to comply with the Act, the rules, orders, or regulations of the producer board, or any terms or conditions of any registration or license granted by the producer board. 14(4) Written notice of intention to cancel or suspend the registration or license of a producer shall be served on the producer by the producer board, either in person or by registered mail, at least two weeks prior to the date of cancellation or suspension. 14(5) Any producer who objects to the cancellation or suspension of his or her registration or license by the producer board may notify the secretary thereof of his objections, and the grounds thereof, and if the producer is not satisfied, he or she may refer the matter to the Manitoba council, which may hear the producer or the producer board, or both of them, and may confirm the cancellation or suspension, or order the reinstatement of the registration or license of the producer. M.R. 35/2016 Fees, levies and charges 15 The producer board may make regulations imposing fees, levies and charges payable to it or on its behalf on producers of the regulated product 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 16 The producer board may make regulations or orders controlling the quantity, quality, variety, class or grade of any regulated product that may be marketed by imposing penalties on producers. M.R. 35/2016 Approval of Manitoba council 17 No regulation or order made under sections 15 or 16 shall become effective until approved by the Manitoba council. M.R. 35/2016 Rebate of fees 18 Any person who is exempt from registering with the producer board pursuant to subsection 21(3) of this plan during the whole of a fiscal year of the producer board and from whom fees have been collected and paid to the producer board during such fiscal year, may apply in writing, in the manner and in the form prescribed by the producer board, for a refund of such fees paid by the person, and upon proof of such payment, such money shall be refunded to him or her. Application for the refund of any fees paid during a fiscal year of the producer board may be made at any time after the end of such fiscal year, but the right to apply for such refund shall expire four months after the end of such fiscal year. M.R. 35/2016 Information 19 The producer board may make orders requiring a producer of, or any person engaged in marketing, a regulated product, to report to it any information respecting the marketing of the regulated product. Prices 20 The producer board may make orders fixing minimum prices, or maximum prices, or both maximum prices and minimum prices, or a price, at which a regulated product or any variety, class, or grade thereof may be sold by any producer. Special programs 20.1 The producer board 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 honey 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. 99/96 Exemptions 21(1) The producer board may exempt from any rule, order or regulation any person or class of persons engaged in the production or marketing of the regulated product or any class, variety or grade thereof. 21(2) This regulation does not apply to any person who is exempt from registering with the producer board under subsection (3) hereof in respect to any honey produced by that person and delivered by him or her directly to an individual for consumption by that individual and that individual's immediate family or any one of them. 21(3) Any person in any year who, in the year immediately preceding that year, has marketed honey from less than 50 colonies of bees, is exempt from registering with the producer board, until such time in that year that the person does market honey from 50 colonies or more. M.R. 35/2016 Association 22 Where two or more persons operate colonies of bees, in partnership, or in circumstances in which there is a sharing by them, whether familial, communal, or otherwise, of facilities, labour, or services provided, directly or indirectly, by all or any of them, or pursuant to a contract jointly or severally with the same corporation, firm or individual for the purpose of this exemption any colonies of bees operated in any year by one of these persons may be deemed by the producer board to have been operated in that year by the other or others. M.R. 99/96