New Brunswick Potato Marketing Levies (Interprovincial and Export) Order
SOR/85-401
AGRICULTURAL PRODUCTS MARKETING ACT
Registration 1985-05-02
Order Respecting Fixing, Imposing and Collecting Levies on Potatoes Produced in New Brunswick and Marketed in Interprovincial and Export Trade
The New Brunswick Potato Agency, pursuant to section 2Footnote * of the Agricultural Products Marketing Act and section 4 of the New Brunswick Potato Order made by Order in Council P.C. 1980-2344 of 5th September, 1980Footnote **, hereby revokes the New Brunswick Potato Marketing Levies (Interprovincial and Export) OrderFootnote *** and makes the annexed Order respecting fixing, imposing and collecting levies on potatoes produced in New Brunswick and marketed in interprovincial and export trade, in substitution therefor.
Return to footnote *S.C. 1984, c. 40, s. 4
Return to footnote **SOR/80-726, 1980 Canada Gazette Part II, p. 3171
Return to footnote ***SOR/81-511, 1981 Canada Gazette Part II, p. 1945
Florenceville, New Brunswick, April 26, 1985
Short Title
1 This Order may be cited as the New Brunswick Potato Marketing Levies (Interprovincial and Export) Order.
- SOR/88-306, s. 2(F)
Interpretation
2 In this Order,
- Commodity Board
Commodity Board means the New Brunswick Potato Agency; (office)
- designated area
designated area means the counties of Carleton, Madawaska and Victoria in the Province of New Brunswick; (région désignée)
- hundredweight
hundredweight means one hundred pounds; (quintal)
- person
person[Revoked, SOR/90-691, s. 1]
- processor
processor means a producer or any other person who changes the form of potatoes by mechanical or other means and markets the potatoes so altered; (transformateur)
- producer
producer means a person who produces one thousand hundredweight or more of potatoes in New Brunswick in any year; (producteur)
- shipper
shipper means a person who purchases potatoes produced in New Brunswick for the purpose of resale and includes a trucker, wholesaler, peddler, broker, dealer or commission agent but does not include a retailer. (expéditeur)
- SOR/87-97, s. 1(F)
- SOR/88-306, s. 3
- SOR/90-691, s. 1
Application
3 This Order applies to the marketing of potatoes in interprovincial and export trade and to persons and property situated in the Province of New Brunswick.
Imposition of Levies
- SOR/88-306, s. 5(F)
4 Every producer in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes produced and sold by the producer or on behalf of the producer.
- SOR/88-306, s. 4
5 Every shipper in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes shipped by or through the shipper.
- SOR/88-306, s. 4
6 Every processor in the designated area shall pay to the Commodity Board a levy of eight cents per hundredweight of potatoes processed by the processor or on behalf of the processor.
- SOR/88-306, s. 4
Exemptions
7 A producer who sells potatoes to or through a shipper or a processor is, with respect to those potatoes, exempt from the levy imposed by section 4.
- SOR/88-306, s. 5(F)
8 A shipper who sells potatoes to or through a processor or another shipper is, with respect to those potatoes, exempt from the levy imposed by section 5.
- SOR/88-306, s. 5(F)
9 A producer who sells potatoes for less than $1.25 per hundredweight is exempt from the levies imposed by this Order in respect of the sale of those potatoes where the sale was by means of an arm’s length transaction.
- SOR/87-97, s. 2
- SOR/88-306, s. 5(F)
- SOR/90-691, s. 2
- SOR/91-418, s. 1
Payment Provisions
10 A producer shall remit the levy imposed by this Order to the Commodity Board within 30 days after delivery of the potatoes to the purchaser.
- SOR/88-306, s. 5(F)
11 A shipper or a processor shall remit the levy imposed by this Order to the Commodity Board within 30 days after receipt by him of the potatoes.
- SOR/88-306, s. 5(F)
- Date modified: