RAW LEAF TOBACCO - BALING, PACKAGING, LABELLING AND TRANSPORTING

CONTENTS PART I BALING, PACKAGING AND LABELLING RAW LEAF TOBACCO (SECTION 2.4 OF THE ACT) Labelling and Markers 1. Labelling requirements - producers 2. Labelling requirements - processors 3. Labelling requirements - manufacturers 4. Labelling requirements - importers and exporters, in Ontario 5. Labelling requirements - importing from outside Ontario 6. Markers for tobacco that originated in Ontario 7. Markers for tobacco that originated outside Ontario 8. Marker to be clearly visible 9. No reuse of markers 10. No altering or removing information Exceptions re Baling and Packaging 11. Producer 12. Producer, transporting between producer’s locations 13. Processor 14. Processor, assessing for quality 15. Manufacturer 16. Importer or exporter, assessing for quality 17. Dealer 18. Personal use 19. Research 20. Certain other uses 21. Clarification re acquiring raw leaf tobacco not baled or packaged 22. Clarification re importing Exceptions re Labelling 23. Dealer of personal use tobacco 24. Personal use 25. Research 26. Certain other uses PART II TRANSPORTING RAW LEAF TOBACCO 27. Notice re - transporting within Ontario 28. Information and documents 29. Partial exception, between producer’s locations 30. Partial exception, interjurisdictional transporter Part I Baling, Packaging and Labelling Raw Leaf Tobacco (Section 2.4 of the Act) Labelling and Markers Labelling requirements - producers 1. Immediately after making a bale or package of raw leaf tobacco, a producer shall label the bale or package with a marker that meets the requirements of section 6. Labelling requirements - processors 2. Immediately after making a bale or package of raw leaf tobacco, a processor shall label the bale or package with a marker that meets the requirements of section 6 or 7, as the case may be. Labelling requirements - manufacturers 3. Immediately after making a bale or package of raw leaf tobacco, a manufacturer shall label the bale or package with a marker that meets the requirements of section 6 or 7, as the case may be. Labelling requirements - importers and exporters, in Ontario 4. Immediately after making a bale or package of raw leaf tobacco, a raw leaf tobacco importer or raw leaf tobacco exporter shall label the bale or package with a marker that meets the requirements of section 6 or 7, as the case may be. Labelling requirements - importing from outside Ontario 5. No raw leaf tobacco importer shall bring a bale or package of raw leaf tobacco into Ontario or cause a bale or package of raw leaf tobacco to be brought into Ontario unless the bale or package is labelled with a marker that meets the requirements of section 6 or 7, as the case may be. Markers for tobacco that originated in Ontario 6. (1) For the purposes of sections 1 to 5, the following information must appear on a marker affixed to a bale or package of raw leaf tobacco that was produced in Ontario: 1. The name of the producer of the raw leaf tobacco, as it appears on that person’s registration certificate as a raw leaf tobacco producer. 2. The date on which the raw leaf tobacco is baled or packaged and the marker is affixed to it. 3. Subject to subsection (2), the kiln number of the kiln or the barn number of the barn in which the raw leaf tobacco was cured. 4. The weight of the bale or package. 5. Subject to subsection (3), the name, as it appears on the registration certificate issued under section 2.2 or 7 of the Act, of the person who purchased or agreed to purchase the raw leaf tobacco from the person responsible for affixing the marker to the bale or package, or if the person who has purchased or agreed to purchase the tobacco is outside Ontario, the name of the person. 6. A number that distinguishes the bale or package from any other bale or package produced in the same calendar year by the person mentioned in paragraph 1 for the person described in paragraph 5. (2) The kiln number of the kiln or the barn number of the barn in which the raw leaf tobacco was cured does not need to appear on the marker if a processor or manufacturer baled or packaged the raw leaf tobacco. (3) As soon as reasonably possible after someone purchases or agrees to purchase raw leaf tobacco that has already been baled or packaged, the person responsible for affixing the marker to the bale or package shall ensure that the information set out in paragraph 5 of subsection (1) appears on the marker. Markers for tobacco that originated outside Ontario 7. For the purposes of sections 1 to 5, the following information must appear on a marker affixed to a bale or package of raw leaf tobacco that was produced outside of Ontario: 1. The name of the raw leaf tobacco importer, as it appears on that person’s registration certificate as a raw leaf tobacco importer. 2. The name of the person who supplied the raw leaf tobacco to the raw leaf tobacco importer. 3. The jurisdiction in which the raw leaf tobacco was produced. 4. The weight of the bale or package. 5. A number that distinguishes the bale or package from any other bale or package imported in the same calendar year by the person mentioned in paragraph 1 from the person mentioned in paragraph 2. Marker to be clearly visible 8. (1) A marker must be affixed to a bale or package of raw leaf tobacco in a manner that makes all of the marker clearly visible. (2) The information on a marker must appear on the marker in a manner that makes all of the information clearly visible. No reuse of markers 9. Every bale or package of raw leaf tobacco must be labelled with a new marker and markers must not be reused. No altering or removing information 10. The information on a marker, once added, must not be altered or removed. Exceptions re Baling and Packaging Producer 11. A person who holds a registration certificate as a raw leaf tobacco producer may, at a location where the registration certificate permits the person to produce raw leaf tobacco, possess raw leaf tobacco that is not baled or packaged in any of the following circumstances: 1. The raw leaf tobacco is not harvested. 2. The raw leaf tobacco is the stalk of a tobacco plant or is attached to the stalk of a tobacco plant. 3. The raw leaf tobacco is harvested but not cured. 4. The raw leaf tobacco is in a kiln or barn for the purposes of being cured. 5. The raw leaf tobacco is cured and was removed from the kiln or barn within the preceding 24 hours, and the raw leaf tobacco is in a distinct pile consisting only of raw leaf tobacco that was cured in the same kiln or barn, even if it was not all cured at the same time. 6. The raw leaf tobacco is cured but was removed from the kiln or barn more than 24 hours prior, and all of the following applies: i. The raw leaf tobacco was not baled or packaged for one of the following reasons: A. It is waste tobacco unfit for sale. B. It is off-grade and there is insufficient tobacco of the same grade to make a bale or package. C. Its moisture level is too high and it needs further drying before it can be baled or packaged. D. The equipment needed to bale or package it is not working and is in need of repair. E. Another valid business reason, having regard to the raw leaf tobacco and to normal business practices. ii. If subsubparagraph i C, D or E applies, the raw leaf tobacco is in a distinct pile consisting only of raw leaf tobacco that was cured in the same kiln or barn, even if it was not all cured at the same time. iii. The following information has been entered into the person’s books or records: A. The reason why the raw leaf tobacco was not baled or packaged within 24 hours of being removed from the kiln or barn. B. The kiln number of the kiln or the barn number of the barn in which the raw leaf tobacco was cured. C. An estimate of the weight of the raw leaf tobacco in the pile. 7. The raw leaf tobacco is being baled or packaged. Producer, transporting between producer’s locations 12. A person who holds a registration certificate as a raw leaf tobacco producer may possess raw leaf tobacco that is not baled or packaged if the raw leaf tobacco is being transported from a location where the person is permitted under a registration certificate to produce raw leaf tobacco to another location where the person is permitted under a registration certificate to produce raw leaf tobacco. Processor 13. A person who holds a registration certificate as a raw leaf tobacco processor may, at a location where the registration certificate permits the person to process raw leaf tobacco, possess raw leaf tobacco that is not baled or packaged if the raw leaf tobacco is being processed. Processor, assessing for quality 14. A person who holds a registration certificate as a raw leaf tobacco processor may, at a location where the registration certificate permits the person to process raw leaf tobacco, possess raw leaf tobacco that is not baled or packaged if the person is actively assessing it for quality. Manufacturer 15. (1) A person who holds a manufacturer’s registration certificate may, at a location where the registration certificate permits the person to manufacture tobacco products, possess raw leaf tobacco that is not baled or packaged for the purpose of, (a) assessing it for quality; or (b) manufacturing tobacco products from it. (2) The person may keep the raw leaf tobacco not baled or packaged between the time of the assessment and the time of the manufacture. Importer or exporter, assessing for quality 16. A person who holds a registration certificate as a raw leaf tobacco importer or as a raw leaf tobacco exporter may possess raw leaf tobacco that is not baled or packaged if the person is actively assessing it for quality. Dealer 17. A person who holds a registration certificate as a raw leaf tobacco dealer may possess raw leaf tobacco that is not baled or packaged if both of the following conditions are met: 1. The person acquired the raw leaf tobacco for the sole purpose of selling, offering or keeping raw leaf tobacco for sale to an individual who is exempt under subsection 3 (4) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase raw leaf tobacco. 2. The raw leaf tobacco will immediately be packaged for the purposes of selling the raw leaf tobacco to an individual described in paragraph 1. Personal use 18. An individual may possess raw leaf tobacco that is not baled or packaged in any of the following circumstances: 1. The individual is exempt under subsection 3 (1) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act from the requirement in subsection 2.3 (1) of the Act to hold a registration certificate to produce the tobacco. 2. The individual is exempt under subsection 3 (2) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (2) of the Act to hold a registration certificate to process the tobacco. 3. The individual is exempt under subsection 3 (4) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase the tobacco. 4. The individual is exempt under subsection 3 (5) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (7) of the Act to hold a registration certificate to bring the tobacco into Ontario. Research 19. An educational institution, as defined in subsection 4 (10) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act, may possess raw leaf tobacco that is not baled or packaged in any of the following circumstances: 1. The educational institution is exempt under subsection 4 (1) of Ontario Regulation 247/14 made under the Act from the requirements in subsections 2.3 (1) and (2) of the Act to hold a registration certificate to produce or process the tobacco. 2. The educational institution is exempt under subsection 4 (5) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase the tobacco. 3. The educational institution is exempt under subsection 4 (7) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (7) of the Act to hold a registration certificate to bring the tobacco into Ontario or cause the tobacco to be brought into Ontario. Certain other uses 20. A person may possess raw leaf tobacco that is not baled or packaged if section 2.3 of the Act does not apply to the raw leaf tobacco under section 5 of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act. Clarification re acquiring raw leaf tobacco not baled or packaged 21. Nothing in sections 11 to 17 permits a person to acquire raw leaf tobacco that is not baled or packaged. Clarification re importing 22. This Regulation does not permit anyone to bring raw leaf tobacco that is not baled or packaged into Ontario, and this Regulation does not permit anyone to cause raw leaf tobacco that is not baled or packaged to be brought into Ontario. Exceptions re Labelling Dealer of personal use tobacco 23. A person who holds a registration certificate as a raw leaf tobacco dealer may possess a package of three kilograms or less of raw leaf tobacco that is not labelled with a marker if the person packaged the raw leaf tobacco for the sole purpose of selling, offering or keeping raw leaf tobacco for sale to individuals who are exempt under subsection 3 (4) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase raw leaf tobacco. Personal use 24. (1) An individual may possess a bale or package of raw leaf tobacco that is not labelled with a marker in any of the following circumstances: 1. The individual is exempt under subsection 3 (1) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act from the requirement in subsection 2.3 (1) of the Act to hold a registration certificate to produce the tobacco. 2. The individual is exempt under subsection 3 (2) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (2) of the Act to hold a registration certificate to process the tobacco. 3. The individual is exempt under subsection 3 (4) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase the tobacco. 4. The individual is exempt under subsection 3 (5) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (7) of the Act to hold a registration certificate to bring the tobacco into Ontario. (2) An individual may bring a bale or package of raw leaf tobacco that is not labelled with a marker into Ontario, or cause a bale or package of raw leaf tobacco that is not labelled with a marker to be brought into Ontario, if paragraph 4 of subsection (1) applies in respect of the individual and the raw leaf tobacco. Research 25. (1) An educational institution, as defined in subsection 4 (10) of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act, may possess a bale or package of raw leaf tobacco that is not labelled with a marker in any of the following circumstances: 1. The educational institution is exempt under subsection 4 (1) of Ontario Regulation 247/14 made under the Act from the requirements in subsections 2.3 (1) and (2) of the Act to hold a registration certificate to produce or process the tobacco. 2. The educational institution is exempt under subsection 4 (5) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (5) of the Act to hold a registration certificate to purchase the tobacco. 3. The educational institution is exempt under subsection 4 (7) of Ontario Regulation 247/14 made under the Act from the requirement in subsection 2.3 (7) of the Act to hold a registration certificate to bring the tobacco into Ontario or cause the tobacco to be brought into Ontario. (2) An educational institution, as defined in subsection 4 (10) of Ontario Regulation 247/14 made under the Act, may bring a bale or package of raw leaf tobacco that is not labelled with a marker into Ontario, or cause a bale or package of raw leaf tobacco that is not labelled with a marker to be brought into Ontario, if paragraph 3 of subsection (1) applies in respect of the educational institution and the raw leaf tobacco. Certain other uses 26. (1) A person may possess a bale or package of raw leaf tobacco that is not labelled with a marker if section 2.3 of the Act does not apply to the raw leaf tobacco under section 5 of Ontario Regulation 247/14 (Raw Leaf Tobacco) made under the Act. (2) A person may bring a bale or package of raw leaf tobacco that is not labelled with a marker into Ontario, or cause a bale or package of raw leaf tobacco that is not labelled with a marker to be brought into Ontario, if subsection (1) applies in respect of the person and the raw leaf tobacco. Part II Transporting Raw Leaf Tobacco Notice re - transporting within Ontario 27. (1) Subject to section 29, at least one business day prior to transporting raw leaf tobacco from a location in Ontario to another location in Ontario, the person intending to transport the tobacco shall notify the Minister of the person’s intention and shall provide the Minister with the information set out in subparagraphs 1 i to xii of section 28. (2) In this section, “business day” means Monday to Friday, excluding holidays. Information and documents 28. Subject to section 29, for the purposes of subsections 2.3 (11) and 6 (3) of the Act, the following information and documents are prescribed: 1. Subject to section 30, a bill of lading in respect of the raw leaf tobacco being transported that includes the following information: i. The name of the person who owns the raw leaf tobacco, as it appears on that person’s registration certificate issued under section 2.2 or 7 of the Act. ii. The name of the person transporting the raw leaf tobacco, if it is a different person than the person referred to in subparagraph i. iii. The name of the producer of the raw leaf tobacco, as it appears on that person’s registration certificate as a raw leaf tobacco producer or, if the raw leaf tobacco was produced outside of Ontario, the name of the person who supplied the raw leaf tobacco to the raw leaf tobacco importer. iv. The address of the producer of the raw leaf tobacco or, if the raw leaf tobacco was produced outside of Ontario, the address of the person who supplied the raw leaf tobacco to the raw leaf tobacco importer. v. The name, as it appears on the person’s registration certificate issued under section 2.2 or 7 of the Act, of the person to whom the raw leaf tobacco is being transported, or if the person to whom the raw leaf tobacco is being transported is outside of Ontario and does not have a registration certificate, the name of the person. vi. The address of the person to whom the raw leaf tobacco is being transported. vii. The address of the location where the raw leaf tobacco was loaded. viii. The date the raw leaf tobacco was loaded. ix. The address of the location where the raw leaf tobacco will be off loaded. x. The expected date the raw leaf tobacco will be off loaded. xi. The number of bales or packages being transported and the information referred to in section 6 or 7, as the case may be, that is on the markers affixed to the bales or packages. xii. The total weight of the raw leaf tobacco being transported. 2. A copy of the registration certificate issued under section 2.2 or 7 of the Act of the person who owns the raw leaf tobacco. Partial exception, between producer’s locations 29. Section 27 and paragraph 1 of section 28 do not apply if the raw leaf tobacco is being transported from a location where the person is permitted under a registration certificate to produce raw leaf tobacco to another location where the person is permitted under a registration certificate to produce raw leaf tobacco. Partial exception, interjurisdictional transporter 30. An interjurisdictional transporter may maintain the information set out in paragraph 1 of section 28 in a different form than a bill of lading. PART III (OMITTED) 31. Omitted (provides for coming into force of provisions of this Regulation).