M-35 - Farm Products Marketing Act

Full text
67. A producers’ board may by by-law:
(a)  regulate the conditions of production, storage, preparation, handling and shipping of a marketed product, its quality, form, composition, container or packaging and the inscriptions or directions required on the product, its container or packaging;
(b)  prescribe the classification and identification of the product and the conditions on which that classification and identification must be made, and determine for that purpose particular classes, grades and sizes;
(c)  fix production quotas, fix marketing quotas, fix the time and place of production and marketing, and prohibit production and marketing where they are effected in violation of a by-law made under this paragraph;
(d)  determine on what conditions a producer may produce or market a marketed product without regard to the fixed quota, to a fixed standard or to a fixed time or place;
(e)  provide for and establish standards for periodical readjustment of quotas;
(f)  keep for the board part of a quota or part of all the quotas available to all the producers contemplated by the plan and apportion it in whole or in part in accordance with the standards and conditions established for such purpose;
(g)  determine the cases where a quota may be transferred and the conditions of such a transfer;
(h)  determine the mode and conditions of the marketing of a marketed product or prohibit its marketing otherwise than through the producers’ board;
(i)  fix the price or entrust a committee with fixing the price of a marketed product, or a class, variety or grade of such product, regulate the composition of such committee, its functioning, the appointment and replacement of its members and the internal management of such committee; the price fixed under this paragraph may differ from one region to another;
(j)  require a producer to hold a quota to produce or market a marketed product, determine the conditions of the issuance of such quota, prohibit the issuance of any quotas above a prescribed limit, prescribe the reduction of quotas where that limit is or is likely to be reached, forbid production or marketing in violation of the quota, provide the conditions of cancellation, suspension or temporary or permanent reduction by the Board of the quota of a producer for a violation by that producer of this act, a joint plan, an order, a by-law, a duly homologated agreement or an arbitration award, provided that this producer has first been given an opportunity to be heard by the Board, and provide the conditions on which a quota may again be issued;
(k)  impose, on any person who infringes any prescription whatever of a by-law made under paragraphs c to h or j, a penalty based on the volume or quantity of the farm product concerned or on the area under cultivation, and use that penalty for the purposes of sections 76 and 77 or pursuant to the terms of an agreement provided for in Division XI;
(l)  determine what quantity of a marketed product constitutes a surplus of that product for any period that the board may determine, and allocate the whole or a part of the contributions provided for in sections 76 and 77 to payment of the expenses or losses resulting from the disposal of this surplus.
1974, c. 36, s. 67; 1979, c. 4, s. 3.
67. A producers’ board may by by-law:
(a)  regulate the conditions of production, storage, preparation, handling and shipping of a marketed product, its quality, form, composition, container or packaging and the inscriptions or directions required on the product, its container or packaging;
(b)  prescribe the classification and identification of the product and the conditions on which that classification and identification must be made, and determine for that purpose particular classes, grades and sizes;
(c)  fix production and sales quotas, and the time and place for marketing, and prohibit marketing contrary to a by-law made under this paragraph;
(d)  determine on what conditions a producer may market a marketed product without regard to the fixed quota, to a determined standard or to a fixed time or place;
(e)  provide for and establish standards for periodical readjustment of quotas;
(f)  keep for the board part of a quota or part of all the quotas available to all the producers contemplated by the plan and apportion it in whole or in part in accordance with the standards and conditions established for such purpose;
(g)  determine the cases where a quota may be transferred and the conditions of such a transfer;
(h)  determine the mode and conditions of the marketing of a marketed product or prohibit its marketing otherwise than through the producers’ board;
(i)  fix the price or entrust a committee with fixing the price of a marketed product, or a class, variety or grade of such product, regulate the composition of such committee, its functioning, the appointment and replacement of its members and the internal management of such committee; the price fixed under this paragraph may differ from one region to another.
1974, c. 36, s. 67.