Interpretation

1   In this regulation:

"Act" means the Agricultural Produce Grading Act;

"consumer" means a person who buys live, dressed or eviscerated poultry for personal use and not for resale;

"dressed poultry" means poultry from which the blood and feathers have been removed;

"eviscerated poultry" means dressed poultry from which the head, the legs at the hock joints and all entrails and internal organs have been completely removed;

"poultry" means chicken, chicken capon, fowl, turkey, duck and geese;

"producer" means a farmer who ships, transports or sells only poultry raised on his or her own farm;

"retailer" means a person who sells or offers for sale dressed or eviscerated poultry to a consumer;

"wholesale distributor" means a person other than a producer who sells or offers for sale dressed or eviscerated poultry to a retail store, hotel, restaurant or any person commercially engaged in serving meals.

[am. B.C. Reg. 112/2014, App. s. 3 (a) and (b).]

Application of regulation

2   (1) Subject to subsection (2), no person shall sell, offer for sale, or hold in his or her possession for the purpose of selling, dressed or eviscerated poultry unless it conforms with the grading requirements of the Canada Agricultural Products Act.

(2) A producer may sell dressed or eviscerated poultry that is ungraded direct to consumers at his or her farm or place of residence.

[am. B.C. Reg. 112/2014, App. s. 3 (b) and (c).]

Purchasing

3   (1) No person other than a consumer shall purchase live poultry from a producer unless he or she is the holder of a valid and subsisting licence.

(2) A licensee shall provide a producer with a receipt that states the number and kind of poultry and the date on which each lot of poultry was delivered to or received by the licensee.

[am. B.C. Reg. 112/2014, App. s. 3 (d).]

Payment

4   The holder of a licence to purchase live poultry shall make full payment to the producer or his or her assignee within 14 days after the date of delivery for each lot of poultry purchased.

[am. B.C. Reg. 112/2014, App. s. 3 (b).]

Security for payment

5   (1) An applicant for a licence to purchase live poultry shall furnish, and a holder of a licence to purchase live poultry shall maintain, security in the form of a bond consisting of security referred to in section 8 (e) or (j) of the Bonding Regulations, for the payment of money payable to a producer for live poultry purchased by or through the holder of the licence, in the following amounts:

(a) for an annual purchase of less than $50 000, a bond of $5 000;

(b) for an annual purchase of $50 000 to $1 000 000, a bond of $20 000;

(c) for an annual purchase of more than $1 000 000, a bond of $50 000.

(2) The Bonding Act applies to a bond obtained to comply with this section.

(3) No change shall be made in the penal sum of a bond during a licence period except with the consent, or at the demand, of the minister.

(4) Where a bond furnished or maintained under subsection (1) becomes impaired by a payment made from it or ceases to be in effect, the licence is ipso facto suspended pending the furnishing or renewal of the bond and the licensee shall forthwith deliver the licence to the minister.

(5) The minister shall cancel the licence where, after the expiration of one month from the date of suspension, the licensee has failed to furnish or renew the bond.

(6) Where a licensee fails to deliver the licence to the minister under subsection (4), the minister may cause a peace officer to recover possession of the licence.

[am. B.C. Reg. 204/2011, Sch. B, s. 6.]

Licensing

6   (1) An application for a licence or renewal of a licence to purchase live poultry shall be

(a) accompanied by the fee provided in Schedule A, and

(b) accompanied by a bond referred to in section 5 (1).

(2) An application for renewal of a licence shall be made by the last day of February.

(3) The term of the licence is from April 1 or the date of issuance, as the case may be, to March 31.

Branch licences

7   No licence holder shall operate at more than one location unless he or she is the holder of a valid and subsisting licence for each branch premises.

[am. B.C. Reg. 112/2014, App. s. 3 (d).]

Advertising

8   (1) For the purposes of this section, "advertisement" includes a carton or card displayed with poultry in a retail store.

(2) No person shall publish an untrue, deceptive or misleading advertisement or a statement with respect to dressed or eviscerated poultry offered for sale or held for sale or distribution.

(3) In an advertisement in which the price appears, the grade shall be stated in letters of at least equal size and prominence to those of the price.

(4) An advertisement shall state the kind of poultry, whether the poultry is dressed or eviscerated and, in the case of turkeys, ducks or geese, whether they are young or mature.

(5) The information required under subsection (4) shall be in letters of at least equal size and prominence to those of the grade.

Detention

9   (1) An inspector may place under detention any dressed or eviscerated poultry that does not comply with the Act or this regulation by

(a) attaching to at least one package of the lot a numbered tag, hereinafter referred to as a "detention tag", on which shall be clearly written

(i) the words "Under Detention, Ministry of Agriculture, Province of British Columbia",

(ii) a detention number given by the inspector,

(iii) a brief description of the lot being detained,

(iv) the reason for detention,

(v) the date, and

(vi) the inspector's signature, and

(b) marking each package in the lot with a mark consisting of the letters "DET" and the number of the detention tag inside a circle.

(2) Where the poultry seized is not in packages, an inspector may require the owner to place the poultry in packages and the packages shall be marked in accordance with subsection (1).

(3) Immediately after attaching the detention tag and marking the packages the inspector shall deliver or mail to the owner of the poultry or his or her agent a notice of detention and, where the poultry is on premises other than that of the owner, a copy of the notice of detention shall also be delivered or mailed to the person on whose premises the poultry is located.

(4) An inspector may make such orders and give such directions as the inspector considers necessary for the proper preservation and safeguarding of poultry on which a detention tag has been placed or the package marked and a person to whom such an order is made or direction given shall comply with its terms.

(5) Except as authorized by an inspector, no person shall alter or remove a detention tag placed on a package of poultry or alter a mark made on a package by an inspector.

(6) Except as authorized in writing by an inspector, no person shall remove, sell or otherwise dispose of any poultry contained in a package on which a detention tag has been placed or a package marked by an inspector.

(7) Where an inspector is satisfied that poultry held under detention complies with this regulation, the inspector shall complete a notice of release.

(8) The inspector shall deliver or mail a copy of the notice of release to the owner of the poultry or his or her agent and a copy to the person on whose premises the poultry is located.

[am. B.C. Reg. 112/2014, App. s. 3 (b), (e) and (f).]

Offence

10   A person who contravenes section 3 (1) and (2), 4, 5 (1) and (5), 7, 8 or 9 (4) commits an offence.