Regulation BEFORE repealed by BC Reg 532/2004, effective January 1, 2005.
| B.C. Reg. 80/2001 O.C. 309/2001 | Deposited March 30, 2001 |
Natural Products Marketing (BC) Act
British Columbia Mushroom Scheme
Definitions
1 In this regulation and in any orders or rules made by the commission, unless the context otherwise requires:
"Act" means the Natural Products Marketing (BC) Act;
"allocation" means the maximum quantity of a regulated product, or of any class, quality or grade of the regulated product, that may be transported, packed, stored or marketed for any purpose as determined by the commission;
"commission" means the British Columbia Mushroom Marketing Commission authorized to administer the scheme;
"marketing" includes buying, selling, shipping for sale or storage, and offering for sale, and in respect of a natural product includes the transportation of the natural product in any manner by any person;
"person" includes any partnership, firm or corporation;
"producer" means a person who owns or leases a facility that the person operates for the production of the regulated product;
"Provincial board" means the British Columbia Farm Industry Review Board established under the Act;
"regulated product" means mushrooms grown in British Columbia.
[am. B.C. Reg. 350/2003, s. (c).]
Division 2 - Purpose and Application
Purpose of the scheme
2 The purpose of the scheme is to promote, control and regulate, under the authority of the commission and subject to the direction of the Provincial board, the transportation, packing, storing and marketing of the regulated product.
Application of the scheme
3 The scheme applies to
(a) all persons who produce, transport, pack, store or market the regulated product, and
(b) all kinds and grades of the regulated product.
Division 3 - Name and Constitution of the Commission
Continuance and membership of commission
4 (1) The British Columbia Mushroom Marketing Board, continued under B.C. Reg. 153/66, is continued under this regulation as the British Columbia Mushroom Marketing Commission.
(2) The head office of the commission must be at a place in British Columbia.
(3) The commission consists of not more than 5 members to be appointed by the Lieutenant Governor in Council.
(4) The Lieutenant Governor in Council must designate one of the members as chair of the commission.
(5) The commission may
(a) determine the practices and procedures to be followed for the purposes of its proceedings,
(b) conduct all or any part of its proceedings in public or in private as the commission sees fit, and
(c) receive and consider evidence without disclosing it to a party to the proceedings, or impose on a party terms respecting access to and use of that evidence, to the extent it considers necessary to do one or both of the following:
(i) to protect confidential business records or confidential business information respecting a party or witness from disclosure to competitors;
(ii) to protect personal or medical information about a party or witness from public disclosure.
Division 5 - Registration of Growers
Register of producers
7 (1) The commission must keep at its head office a register, and must cause to be entered in the register the name and address of every producer who applies and is qualified to be registered under the scheme.
(2) The commission may revise the register from time to time, and before removing the name of any producer from the register must cause a notice to be mailed to the producer at the producer's last known address advising the producer of the commission's intention to remove the producer's name.
Note: this regulation replaces B.C. Reg. 153/66.
[Provisions of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, relevant to the enactment of this regulation: sections 2, 12 and 22]