Manitoba Processing Potato Marketing Plan Regulation

Manitoba Processing Potato Marketing Plan Regulation, M.R. 206/2006 The Farm Products Marketing Act , C.C.S.M. c. F47 Regulation 206/2006 Registered October 16, 2006 bilingual version (HTML) Table of Contents Section DEFINITIONS AND INTERPRETATION 1 Definitions and interpretation PURPOSE AND APPLICATION OF THIS PLAN 2 Purpose and application KEYSTONE POTATO PRODUCERS ASSOCIATION 3 Establishment of Keystone Potato Producers Association 4 Administration by-law 5 Officers 6 Remuneration 7 Growing agreement committee 8 Other committees 9 Duties of the board 10 Fiscal year 11 Audit GENERAL POWERS OF THE BOARD 12 General marketing powers of the board SPECIFIC POWERS OF THE BOARD 13 Registration of producers and regulated processors 14 Information 15 Exemptions and permits 16 Directed marketings 17 Form of potato growing agreement 18 Method of acquiring potatoes 19 Marketing by producers 19.1 Regulated processors 20 Designated processors REGULATIONS REQUIRING COUNCIL APPROVAL 21 Approval of the Manitoba council 22 Fees and levies 23 Penalties GENERAL PROVISIONS 24 General requirements for regulations and orders 25 Non-application DEFINITIONS AND INTERPRETATION Definitions 1(1) The following definitions apply in this regulation. "administration by-law" means the administration by-law referred to in section 4. (« règlement administratif ») "board" means Keystone Potato Producers Association. (« office ») "designated processor" means a regulated processor designated as a designated processor by an order of the board under section 20. (« transformateur désigné ») "designated representative" means an individual appointed in accordance with the administration by-law by a registered producer that is a corporation or a partnership, to attend meetings and vote on behalf of the corporation or partnership, and to exercise the privileges described in the by-law. (« représentant désigné ») "marketing" means selling, offering for sale, preparing for sale, buying, storing, grading, assembling, packing, transporting, processing, advertising or financing, and includes the processing of a regulated product by a producer. (« commercialisation ») "potato" means any variety, class, grade or size of potato (a) produced under a potato growing agreement; (b) marketed to a regulated processor; or (c) used or intended for use as seed to produce potatoes described in clause (a) or (b). (« pommes de terre ») "potato growing agreement" means an agreement between a registered producer and a registered processor, in a form established by the board under section 17, that results in, or is intended to result in, the acquisition of regulated product by the registered processor. (« accord de culture de pommes de terre ») "price" includes all factors, components and matters affecting payment to be received by a vendor. ( «  prix ») "processing" includes peeling, breaking or changing the nature, form, size, shape, quality or condition of a potato. (« transformation ») "processor" means a person engaged in processing a regulated product. (« transformateur ») "produce" means to grow or harvest potatoes. (« produire ») "producer" means a person engaged in the production of potatoes. (« producteur ») "registered processor" means a regulated processor who is registered with the board, and whose registration is in good standing. (« transformateur inscrit ») "registered producer" means a producer who is registered with the board, and whose registration is in good standing. (« producteur inscrit ») "regulated processor" means a processor designated as a regulated processor by an order of the board under section 19.1. (« transformateur réglementé ») "regulated product" means potatoes. (« produit réglementé ») M.R. 116/2009 1(2) A reference in this plan to an "annual general meeting" or an "annual or special general meeting" means a meeting of registered producers and designated representatives, as provided for in the administration by-law. PURPOSE AND APPLICATION OF THIS PLAN Purpose and application 2(1) The purpose of this Plan is (a) to encourage the completion of potato growing agreements between producers and processors for the production and sale of potatoes to processors before the planting of seed to produce potatoes; and (b) to gather, compile and distribute statistical information related to the production and marketing of potatoes. 2(2) This plan applies to all of Manitoba. KEYSTONE POTATO PRODUCERS ASSOCIATION Establishment of Keystone Potato Producers Association 3(1) Keystone Potato Producers Association is hereby established as a board. 3(2) The board is to consist of a minimum of three and a maximum of nine members, as may be specified in the administration by-law, who at all times must be registered producers or designated representatives. 3(3) The first members of the board must be appointed by the Lieutenant Governor in Council. 3(4) The subsequent members are to be elected by and from the registered producers and designated representatives, in accordance with the administration by-law. 3(5) A majority of the members constitutes a quorum for the transaction of business of the board. Administration by-law 4(1) The board must enact an administration by-law which provides for such matters related to the conduct of meetings and the governance of the board as are considered necessary for the administration of this plan, which may include, but is not limited to, the matters listed in clauses (2)⁠(a) to (e). 4(2) The administration by-law may be repealed, replaced or amended to otherwise provide for (a) the qualification of individuals to be appointed designated representatives; (b) the method of appointing designated representatives; (c) the establishment of districts; (d) the method of giving notice of and the holding of meetings; (e) the election of members of the board; and (f) such other matters related to the conduct of meetings and the governance of the board as are considered necessary for the administration of this plan. 4(3) 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 or designated representative 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. 4(4) The administration by-law may be repealed, replaced or amended at an annual or special general meeting, without the notice required in subsection (3), upon a resolution receiving the affirmative vote of at least 75% of those present and voting at such a meeting. 4(5) A resolution proposing the enactment, 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. Officers 5(1) Members of the board must meet without delay after each annual general meeting, and elect a chair and a vice-chair from among their number. The board may appoint a secretary, a treasurer and any other officers that it considers necessary, who need not be members of the board. 5(2) The chair, or in the chair's absence the vice-chair, must call and preside at all meetings of the board and at all annual or special general meetings. 5(3) The officers of the board must carry out the duties that are assigned to them by the board. Remuneration 6(1) The chair, officers and other members of the board or any committee appointed by the board may be paid remuneration in an amount that may be fixed by resolution of the board. 6(2) A resolution to pay remuneration is not effective unless it is approved by the Manitoba council. 6(3) Remuneration under subsection (1) must be paid as an expense out of the general revenue of the board, and shown in the annual report presented to the annual general meeting in each year. Growing agreement committee 7(1) The board may establish a growing agreement committee for each designated processor. 7(2) Each growing agreement committee is to consist of eight members appointed as follows: (a) four individuals appointed by the designated processor; and (b) four individuals appointed by the board. 7(3) On request of the board, a growing agreement committee must give recommendations to producers and to the designated processor for which it is established as to what, in its opinion, would be a fair basis for the sale of regulated product to, and the purchase of regulated product by, that processor for a marketing period determined by the board. 7(4) All appointments to a growing agreement committee are for a term of one year, except that an appointment may continue past that one-year termination date until the appointee's successor is named. An appointee may be re-appointed for one or more consecutive years. 7(5) The board is to designate one of the individuals appointed by it to each growing agreement committee as chair of the committee. The chair of the committee must call the first meeting of the committee. The committee must establish its own rules and procedures. 7(6) Each member of a growing agreement committee, including the chair, is entitled to one vote. Other committees 8 The board may appoint any other committees that it considers necessary or desirable for the proper operation of this plan, and must appoint any committees that the Manitoba council requests it to appoint, in the form and for the purpose that the Manitoba council directs. Duties of the board 9(1) The board shall maintain books and records as required for the proper administration of this plan, which must be open for inspection by the Manitoba council at any reasonable time. 9(2) The board must maintain a head office and make its location known to persons who carry on business with the board. 9(3) The board must hold an annual general meeting of registered producers and designated representatives each year within six months after the end of the board's fiscal year, and it may hold any other general meetings that it considers necessary or advisable. 9(4) The board must make an annual report about its activities to the annual general meeting and to the Manitoba council, and the report must contain a copy of the audited financial statements of the board for the previous fiscal year. 9(5) The board must provide any other reports and information to the Manitoba council as it may from time to time require. Fiscal year 10 The fiscal year of the board is as determined by the administration by-law. Audit 11 A qualified auditor must be appointed by resolution passed at an annual or special general meeting for the purpose of auditing the books of the board. If an auditor is not so appointed, the board must itself appoint an auditor for that purpose. GENERAL POWERS OF THE BOARD General marketing powers of the board 12(1) The regulated product may be marketed by the board. 12(2) Under the supervision of the Manitoba council, the board may perform acts, adopt policies and procedural rules, and make orders and regulations, as it considers necessary to administer this plan in accordance with its objectives. 12(3) For the purpose of carrying out its duties and functions the board may (a) open bank accounts in the name of the 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 marketing of potatoes to designated processors; (d) acquire and hold real and personal property in its name, mortgage property for the purposes of the board and sell or otherwise dispose of property when it is no longer required for the purposes of the board; (e) purchase, store, process or sell the regulated product; (f) establish or assist in the establishment of programs for the prevention or control of diseases that may impact on potatoes, and provide financial or other assistance to the owner of any potatoes treated, destroyed or disposed of in the interest of producers or in the public interest; (g) initiate, encourage, support and conduct programs and research into any aspect contributing to the production, quality, market development or market retention of the regulated product; (h) participate in associations that are relevant to the potato industry; and (i) subject to the Act and this plan, do any thing and make any orders, rules and regulations that it considers necessary or advisable to enable it to administer this plan. SPECIFIC POWERS OF THE BOARD Registration of producers and regulated processors 13(1) The board may make orders requiring producers of the regulated product and regulated processors to register with the board on such conditions and for such term as the board may determine. M.R. 116/2009 13(2) The board must keep and maintain at its head office a register containing (a) the name and address of each registered producer and registered processor; and (b) the location of the land used by each registered producer to produce the regulated product. 13(3) The board may cancel or suspend the registration of a producer who, in its opinion, (a) is not entitled to be registered; or (b) fails to comply with the Act, a regulation or order made or issued under the Act, or any condition of a registration granted by the board. The board may reinstate a cancelled or suspended registration on such conditions, and on payment of such fees, as the board may determine. 13(4) Written notice of intention to cancel or suspend the registration of a producer must be served by the board on (a) the producer; and (b) each registered processor with whom the producer has entered into a potato growing agreement that has been filed with the board; either in person or by registered mail, at least two weeks before the date of the proposed cancellation or suspension. 13(5) A producer who objects to the cancellation or suspension of his or her registration may notify the secretary of the board in writing of his or her objections, and the grounds for them. Information 14(1) The board may make orders requiring a person who produces or markets potatoes to provide it with any information or record relating to such activities that the board considers necessary. 14(2) Without limiting subsection (1), the board may make orders requiring a registered processor to provide to the board, within 10 days after entering into it, a copy of each potato growing agreement entered into by the registered processor. M.R. 116/2009 Exemptions and permits 15(1) The board may make orders exempting from any regulation or order made by it (a) any quantity, quality, variety, class or grade of a regulated product; and (b) any person or class of persons who produce or market a regulated product, or any specified producers or purchasers of a regulated product or of any quantity, quality, variety, class or grade of a regulated product. 15(2) Without limiting subsection (1), the board may make orders establishing procedures under which permits may be issued by the board that permit the marketing of a regulated product without the requirement for a specific order. Directed marketings 16 For the purposes of public health, safety, and disease prevention and control, the board may make orders determining the time and place at which, and designating the agency through which, a regulated product, or any quantity, quality, variety, class or grade of a regulated product, must be marketed by a producer. Form of potato growing agreement 17(1) The board may, by order and subject to subsection (2), establish the form of potato growing agreement for a registered processor, for use by the processor in acquiring potatoes from a producer. 17(2) The board must not establish a form of potato growing agreement that specifies or purports to specify or otherwise establish the price of potatoes as part of the contract. Method of acquiring potatoes 18 The board may, by order, prohibit a regulated processor from acquiring a regulated product other than (a) from a registered producer (i) pursuant to a form of potato growing agreement that is entered into with the producer before the planting of the seed to produce the regulated product; or (ii) pursuant to an exemption or permit under section 15; or (b) from the board. M.R. 116/2009 Marketing by producers 19(1) The board may, by order, prohibit a producer from marketing a regulated product other than (a) to a registered processor (i) pursuant to a form of potato growing agreement that is entered into with a registered processor before the planting of the seed to produce the regulated product, or (ii) pursuant to an exemption or permit under section15; or (b) to the board. 19(2) The board may conduct a pool for the distribution of all money received from the sale of regulated product marketed to the board by producers. 19(3) The board must, after (a) deducting all necessary and proper disbursements and expenses; and (b) making such allowances for reserves as may be approved by the Manitoba council; distribute the remainder of the money received from the sale of regulated product referred to in subsection (2) in such a manner that each producer receives a share relative to the quantity, quality, variety, grade, class or size of regulated product delivered by the producer. 19(4) The board may make an initial payment on delivery of regulated product by a producer, and subsequent payments until all the remainder of the money received is distributed. Regulated processors 19.1 The board may, subject to the approval of the Manitoba council, make an order designating a processor as a regulated processor. M.R. 116/2009 Designated processors 20 The board may, subject to the approval of the Manitoba council, make an order designating a regulated processor as a designated processor. M.R. 116/2009 REGULATIONS REQUIRING COUNCIL APPROVAL Approval of the Manitoba council 21 A regulation made under section 22 or 23 is not effective until approved by the Manitoba council. Fees and levies 22 The board may make regulations (a) assessing fees and levies payable to it by producers of a regulated product, and providing for the collection of such fees and levies; and (b) requiring a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any fees or levies payable by the producer to the board and to remit them to it together with any information or record relating to such fees or levies, or to the production or marketing of the regulated product, that the board considers necessary. Penalties 23 The board may make regulations (a) controlling the quantity, quality, variety, class or grade of any regulated product that may be marketed by imposing penalties on producers and collecting such penalties; and (b) requiring a person who receives a regulated product from a producer for marketing to deduct from the money payable by the person to the producer any penalties payable by the producer to the board and to remit them to it. GENERAL PROVISIONS General requirements for regulations and orders 24 Every regulation and order made by the board under this plan, the Act or the regulations must be (a) signed by the proper officers under the seal of the board; and (b) open for inspection by any registered producer, registered processor, representative of Peak of the Market or person designated by the Manitoba council, at the head office of the board, during regular business hours. Non-application 25 This plan does not apply to a potato that is a "regulated product" within the meaning of The Manitoba Vegetable Producers' Marketing Plan Regulation , Manitoba Regulation 249/87 R.