Farm Products Grades and Sales Act
R.S.O. 1990, CHAPTER F.8
Consolidation Period: From December 15, 2009 to the e-Laws currency date.
Last amendment: 2009, c. 33, Sched. 1, s. 11.
1. In this Act,
“Director” means the Director appointed under this Act; (“directeur”)
“farm product” means such animals, animal products, Christmas trees, fruit, fruit products, grains, honey, maple products, seeds, tobacco, vegetables, vegetable products, wood or any class thereof and articles of food or drink manufactured or derived in whole or in part from any of those products as are designated in the regulations; (“produit agricole”)
“grade” means, except in subsection 2 (4), a grade established under this Act; (“qualité”)
“grader” means a grader appointed under this Act; (“préposé au classement”)
“inspector” means an inspector appointed under this Act; (“inspecteur”)
“Minister” means the Minister of Agriculture, Food and Rural Affairs; (“ministre”)
“package” includes any box, crate or other receptacle used for or suitable for use in the marketing, transporting or shipping of a farm product; (“emballage”)
“regulations” means the regulations made under this Act; (“règlements”) R.S.O. 1990, c. F.8, s. 1; 1994, c. 27, s. 19 (1, 2); 1996, c. 17, Sched. D, s. 1; 2009, c. 33, Sched. 1, s. 11.
2. (1) The Minister may make regulations,
1. designating as a farm product any farm product or a class thereof or any article of food or drink manufactured or derived in whole or in part from a farm product;
2. establishing grades for a farm product;
3. providing for the inspecting, grading, packing and marking of farm products;
4. respecting the buying, selling, advertising, handling, shipping and transporting of farm products;
5. respecting packages for farm products;
6. prescribing the manner in which sellers, transporters and shippers of farm products shall identify, for purposes of grading, individual producer’s lots in a shipment;
7. prescribing the manner in which shippers or packers shall make returns and prepare for presentation to the producer the statements of accounts of purchase of farm products and for the investigation of such statements and the transactions represented thereby;
8. Repealed: 1996, c. 17, Sched. D, s. 2 (2).
9. prescribing the powers and duties of inspectors and graders;
10. providing for the issuing of inspection and grading certificates by inspectors and graders;
11. providing for the exemption from this Act and the regulations, or any part thereof, of any person or class of persons or any farm product or class, variety, grade or size of farm product;
12. respecting the cleanliness and sanitation of premises in which a farm product is stored, processed, graded, packed, sold or offered for sale;
13. prescribing the structures, facilities and equipment to be provided and maintained for use in connection with the grading of farm products;
14., 15. Repealed: 1996, c. 17, Sched. D, s. 2 (2).
15.1. Repealed: 1996, c. 17, Sched. D, s. 2 (2).
16. Repealed: 1994, c. 27, s. 19 (4).
17.-24. Repealed: 1996, c. 17, Sched. D, s. 2 (2).
25. establishing classes of farm products;
26. Repealed: 1996, c. 17, Sched. D, s. 2 (2).
27. respecting any matter necessary or advisable to carry out effectively the intent and purpose of this Act. R.S.O. 1990, c. F.8, s. 2 (1); 1993, c. 27, Sched.; 1994, c. 27, s. 19 (3, 4); 1996, c. 17, Sched. D, s. 2 (1, 2).
(1.1) Repealed: 1996, c. 17, Sched. D, s. 2 (3).
Limitation as to time
(2) Any regulation may be limited as to time and place. R.S.O. 1990, c. F.8, s. 2 (2).
(3) Any word or expression used in a regulation may be defined in the regulation for the purpose of the regulation. R.S.O. 1990, c. F.8, s. 2 (3).
Adoption by reference
(4) A regulation made under this section may adopt by reference, in whole or in part and with such changes as the Lieutenant Governor in Council considers necessary, any of the following established under the Canada Agricultural Products Act and may require compliance with it:
1. A grade or standard.
2. A grade name or mark.
3. A packaging or packing requirement.
4. A marking or labelling requirement.
5. A specification of containers or packages. 1994, c. 27, s. 19 (6).
(4.1) If a regulation under subsection (4) so provides, the requirement adopted by reference shall be a reference to the requirement as amended from time to time, whether the amendment was made before or after the regulation was adopted. 1994, c. 27, s. 19 (6).
2.1 The Minister may establish and collect fees payable by an owner or custodian of a farm product for any service that the Minister or inspectors or graders provide with respect to the farm product. 1996, c. 17, Sched. D, s. 3.
3. (1) The Minister may designate places where farm products may be inspected and such highway inspection points as are considered necessary. R.S.O. 1990, c. F.8, s. 3 (1).
(2) The Minister may, by order, require persons in charge of farm products that are being transported from an area designated by the Minister to proceed to a designated highway inspection point and to remain there until the farm products are inspected. R.S.O. 1990, c. F.8, s. 3 (2).
Experimental use of packages
4. The Minister may authorize the experimental use of any package, but such package shall be identified and used only in the manner authorized by the Minister. R.S.O. 1990, c. F.8, s. 4.
Minister may appoint Director, etc.
5. The Minister may appoint a Director to administer and enforce this Act and inspectors and graders whose duties are to carry out the provisions of this Act. R.S.O. 1990, c. F.8, s. 5.
Powers of inspector
6. (1) For the purpose of enforcing this Act and the regulations, an inspector may,
(a) enter any premises, other than a dwelling, that he or she has reason to believe is used for the producing, marketing or processing of any farm product and inspect the premises and any farm product, packages or equipment found therein;
(b) enter any vessel, boat, car, truck or other conveyance in which he or she has reason to believe there is any farm product and inspect the vessel, boat, car, truck or other conveyance and any farm product, packages or equipment found therein;
(c) obtain a sample of any farm product or package thereof at the expense of the owner for the purpose of making an inspection thereof; and
(d) demand the production or furnishing by the owner or custodian thereof of any books, records, documents or extracts therefrom relating to farm products. R.S.O. 1990, c. F.8, s. 6 (1).
Production of documents
(2) Where an inspector demands the production or furnishing of books, records, documents or extracts therefrom, the person having custody thereof shall produce or furnish them to the inspector and the inspector may detain them for the purpose of photocopying them, provided such photocopying is carried out with reasonable dispatch and the inspector shall forthwith thereafter return them to the person who produced or furnished them. R.S.O. 1990, c. F.8, s. 6 (2).
Certification of photocopy
(3) Where a book, record, document or extract has been photocopied under subsection (2), a photocopy purporting to be certified by an inspector to be a copy made pursuant to subsection (2) is admissible in evidence and has the same probative force as the original document would have had if it had been proven in the ordinary way. R.S.O. 1990, c. F.8, s. 6 (3).
Demand to be in writing
(4) Where an inspector makes a demand under clause (1) (d), the demand shall be in writing and shall include a statement of the nature of the investigation and the general nature of the books, records, documents or extracts required. R.S.O. 1990, c. F.8, s. 6 (4).
Detention for purposes of inspection
7. (1) For the purpose of inspecting any farm product or package, an inspector may detain it at the risk and expense of the owner and, after detaining it, the inspector shall forthwith notify the owner or person who had possession of it of the detention. R.S.O. 1990, c. F.8, s. 7 (1).
Inspection after detention
(2) Where an inspector detains any farm product or package under subsection (1), he or she shall, as soon as may be practicable, inspect the farm product or package and shall forthwith thereafter,
(a) release the farm product or package from detention; or
(b) detain the farm product or package under subsection (3). R.S.O. 1990, c. F.8, s. 7 (2).
Notice of detention
(3) Any farm product or package in respect of which an inspector believes on reasonable grounds an offence against this Act or the regulations has been committed, may be detained by the inspector at the risk and expense of the owner, and the inspector shall forthwith thereafter notify the owner or the person who had possession thereof of the detention in writing. R.S.O. 1990, c. F.8, s. 7 (3).
Notice to contain particulars
(4) A notice given by an inspector under subsection (3) shall contain the particulars in respect of which it is alleged the farm product or package does not comply with the Act or the regulations. R.S.O. 1990, c. F.8, s. 7 (4).
Release from detention
(5) Where an inspector is satisfied that the owner of the farm product or package that is under detention complies with the Act and the regulations respecting the farm product or package, the inspector shall forthwith release them from detention. R.S.O. 1990, c. F.8, s. 7 (5).
(6) Where a person is convicted of an offence against this Act or the regulations in respect of any farm product or package detained under subsection (3), the convicting court may declare such farm product or package to be forfeited to Her Majesty, whereupon it may be destroyed or otherwise disposed of as the Minister directs. R.S.O. 1990, c. F.8, s. 7 (6).
Prohibition against sale, etc.
(7) No person shall, without approval in writing by an inspector, sell, offer for sale, move, ship or transport a farm product or package that is under detention. R.S.O. 1990, c. F.8, s. 7 (7).
Place where detained product to be kept
(8) Where any farm product is detained under subsection (1) or (3), the farm product shall be detained in the place where it was found by the inspector and shall, while under detention,
(a) be kept in such place; or
(b) be kept in such other place as it may be moved to with the approval in writing of an inspector pursuant to subsection (7). R.S.O. 1990, c. F.8, s. 7 (8).
Obstruction of inspector or grader
8. No person shall hinder or obstruct an inspector or grader in the course of his or her duties or furnish an inspector or grader with false information or refuse to permit any farm product to be inspected or refuse to furnish an inspector or grader with information. R.S.O. 1990, c. F.8, s. 8.
Certificate of inspector or grader
9. The production by an inspector or a grader of a certificate of his or her appointment purporting to be signed by the Minister is admissible in evidence as proof, in the absence of evidence to the contrary, of the fact stated in the certificate and as conclusive proof of the authority of the inspector or grader to inspect or grade any farm product. R.S.O. 1990, c. F.8, s. 9.
10.-18. Repealed: 1996, c. 17, Sched. D, s. 4.
19.-21. Repealed: 1996, c. 17, Sched. D, s. 5.
22. Repealed: 1994, c. 27, s. 19 (8).
23., 24. Repealed: 1996, c. 17, Sched. D, s. 5.
25. Every person who contravenes a provision of this Act or the regulations is guilty of an offence. 1996, c. 17, Sched. D, s. 6.
Legal remedy not affected
26. No proceedings or conviction under this Act affects the right of any person to any legal remedy to which the person would otherwise be entitled. R.S.O. 1990, c. F.8, s. 26.
Where matter complained of deemed to have arisen
27. For the purpose of jurisdiction, in an information or conviction for a contravention of any of the provisions of this Act or the regulations, the matter complained of may be alleged and shall be deemed to have arisen at the place where the farm product was packed, sold, offered, exposed or had in possession for sale or transportation, as the case may be, or at the residence or usual place of residence of the person charged with the contravention. R.S.O. 1990, c. F.8, s. 27.