P-28, r. 4 - Order respecting the withholding of assessments by buyers of fruits and vegetables to be processed

Updated to 1 September 2012

This document has official status.

chapter P-28, r. 4

Order respecting the withholding of assessments by buyers of fruits and vegetables to be processed

Farm Producers Act

(chapter P-28, ss. 39 and 41).

1. For the purposes of this Order,

(a)  “certified association” means the Union des producteurs agricoles du Québec having its head office at 555, boulevard Roland-Therrien, Longueuil;

(b)  “contemplated product” means all fruits and vegetables intended to be processed, except blueberries and apples;

(c)  “producer” means any person engaged in the production and the marketing of the contemplated product;

(d)  “buyer” means any person, other than a consumer, who buys or receives the contemplated product from a producer;

(e)  “annual assessment” means the annual assessment determined by by-law of the certified association under the Farm Producers Act (chapter P-28).

R.R.Q., 1981, c. P-28, r. 5, s. 1.

2. Every buyer must withhold from the price to be paid to each producer the annual assessment due to the certified association. The buyer is exempt from that obligation only if the producer gives proof that said assessment has been paid for or if the certified association provides him with the list of the producers who have already paid.

R.R.Q., 1981, c. P-28, r. 5, s. 2.

3. The assessment must be withheld at the time of and as a deduction from the first payment, installment or credit made to the producer.

R.R.Q., 1981, c. P-28, r. 5, s. 3.

4. The annual assessment withheld in accordance with this Order must be paid to the certified association not later than 30 days from the withholding.

R.R.Q., 1981, c. P-28, r. 5, s. 4.

5. Not later than 1 August of each year, the buyer must provide the certified association with the list of the producers from whom he has received or is expecting to receive the contemplated product during the current year. The list must include the following information:

(a)  the name and address of the producer;

(b)  the category of the contemplated product bought or received.

R.R.Q., 1981, c. P-28, r. 5, s. 5.

6. Upon reception of the list referred to in section 5, the certified association provides the buyer with the names of the producers from whom he must withhold the annual assessment and the amount due by each of them.

R.R.Q., 1981, c. P-28, r. 5, s. 6.

7. Every buyer must keep up to date a register of the information referred to in section 5 and allow the authorized representatives of the Régie des marchés agricoles et alimentaires du Québec to examine the same.

R.R.Q., 1981, c. P-28, r. 5, s. 7.

8. Any buyer who neglects to withhold the assessment from the producers and to remit the same to the certified association within the prescribed time is personally liable to the certified association for amounts he should have withheld.

R.R.Q., 1981, c. P-28, r. 5, s. 8.

REFERENCES

R.R.Q., 1981, c. P-28, r. 5