Farming and Fishing Industries Development Act -- RASPBERRY INDUSTRY DEVELOPMENT COUNCIL REGULATION

B.C. Reg. 484/98
O.C. 1632/98

Deposited December 23, 1998

This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here.

Farming and Fishing Industries Development Act

RASPBERRY INDUSTRY DEVELOPMENT COUNCIL REGULATION

[includes amendments up to B.C. Reg. 147/99]

*Contents*
	1	Definitions
	2	Payment of levy
	3	Collection and remittance of levy on raspberries delivered to first receiver
	4	Remittance of levy on raspberries grown and processed by first receiver and on direct sales
	5	Records

Definitions

1 In this regulation:

"Act" means the Farming and Fishing Industries Development Act;

"council" means the BC Raspberry Industry Development Council established by the Minister under section 2 of the Act;

"first receiver" means a person who receives raspberries from, or on behalf of, a raspberry grower for packing, grading, shipping, selling, distributing or processing;

"levy" means the levy referred to in section 2;

"raspberry" means rubus strigosus and rubus ideaus;

"raspberry grower" means a person who operates a farm in British Columbia that produces raspberries for sale.

Payment of levy

2 (1) Each raspberry grower must pay to the council the levy established by the council under section 4 (1) of the Act.

(2) The levy is payable as follows:

(a) in the case of raspberries delivered to a first receiver, on the delivery date;

(b) in the case of raspberries produced on the farm of a first receiver and processed by that receiver, on the date the raspberries are moved into the processing facility;

Collection and remittance of levy on raspberries delivered to first receiver

3 (1) Each first receiver must collect the levy on behalf of the council by deducting it from the proceeds otherwise due to the raspberry grower for the raspberries delivered to the first receiver.

(2) On or before September 30 of each year, each first receiver must remit to the council the amount collected by the receiver under subsection (1) during the previous 12 months, less any commission retained under subsection (3).

(2.1) On or before June 1, 1999, each first receiver must remit to the council the amount collected by the first receiver during the period January 1, 1998, to September 30, 1998, less any commissions retained under subsection (3), from the proceeds otherwise due to the raspberry grower for raspberries delivered during that period to the first receiver.

(3) A first receiver may retain a commission of 5% of the levy collected under subsection (1) or (2.1).

[am. B.C. Reg. 147/99.]

Remittance of levy on raspberries grown
and processed by first receiver and on direct sales

4 On or before September 30 of each year, each raspberry grower must remit to the council the total amount that became payable by the grower under section 2 (b) or (c) during the previous 12 months.

Records

5 (1) Each person required under this regulation to remit the levy must retain all records relating to the collection and remittance of the levy for a period of 2 years after the deadline for remitting the levy.

(2) Records for the purposes of subsection (1) must include the name and address of each raspberry grower who paid the levy.

(3) A person required under subsection (1) to retain records must make the records available to the council on its request.