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The Fruit and Vegetable Sales Act
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If you need an official copy, use the bilingual (PDF) version.

This version is current as of December 15, 2017.
It has been in effect since August 18, 2000.

Note: Earlier consolidated versions are not available online.


 
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C.C.S.M. c. F180

THE FRUIT AND VEGETABLE SALES ACT

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

Definitions

1           In this Act,

"grade" means any grade established under this Act or the regulations; (« catégorie »)

"inspector" means an inspector appointed under this Act; (« inspecteur »)

"minister" means the minister appointed by the Lieutenant Governor in Council to administer this Act; (« ministre »)

"produce" means a fruit, plant, or vegetable named in Schedule A or B. (« fruits ou légumes  »)

S.M. 2000, c. 35, s. 45.

Regulations

2           The Lieutenant Governor in Council may make regulations,

(a) classifying and establishing grades for any produce, or adopting as grades for produce, grades established under an Act of the Parliament of Canada or regulations made thereunder;

(b) providing for the inspection, grading, packaging, packing, marking, shipping, advertising, and selling, of produce within the province, and prescribing the packages and containers that may be used, and the information with respect to grades that shall be printed on the containers;

(c) requiring the registration and licensing of brokers, commission agents, dealers, and packers, and of persons assembling produce; and of persons operating produce grading stations or produce grading and inspection stations;

(d) prescribing fees for such registration and licensing, and fees for the inspection of produce;

(e) prescribing the powers and duties of inspectors;

(f) prescribing when and where any regulations shall be in force;

(g) authorizing the minister to permit persons to transport produce that has not been graded or packed or both, in accordance with this Act or the regulations;

(h) generally for the better carrying out of the provisions and purposes of this Act.

Appointment of inspectors

3           The minister may appoint such persons as he may deem proper as inspectors, who shall enforce this Act.

Powers of inspectors

4           Any inspector may at all reasonable times, for the purpose of enforcing any provisions of this Act or the regulations,

(a) enter any place or premises other than a dwelling house, or any carriage, car, truck, or other vehicle used or being used for the conveyance of produce or that the inspector believes has been or is being so used;

(b) require to be produced, for inspection or for the purposes of obtaining copies thereof or extracts therefrom any books, shipping bills, bills of lading, sales records, or other records or papers;

(c) inspect any produce that is being transported by vehicle, and require the driver of any vehicle that the inspector believes to be carrying produce, to stop for the purpose of inspection;

(d) detain any produce for the time necessary to complete his inspection or otherwise;

(e) at the expense of the producer, packer, or owner take samples of produce wherever or whenever he may deem necessary.

Detention of produce at owner's risk

5           Any produce detained by any inspector under this Act or the regulations is at all times at the risk and expense of the owner; but the inspector shall immediately notify the owner or person having possession of the produce by prepaid telegram, letter, or otherwise that the produce is being detained in storage or otherwise, as the case may be.

Obstruction of inspector

6           No person shall obstruct any inspector or refuse to permit any produce to be inspected, or give to any inspector a false name or address or other false information.

Offences and penalties

7           Every person who,

(a) transports from one point within the province to another point therein, packs, advertises, sells, offers or has in his possession for sale, any produce that in any respect does not comply with this Act or the regulations, except as may by regulation be permitted for manufacturing or processing purposes;

(b) represents any produce to be of a certain grade, variety or class unless the produce has been so graded or classed in accordance with the regulations;

(c) misrepresents the grade, variety, or class of any produce;

(d) sells, offers for sale, or has in his possession for sale, any produce in any package or container of which the faced or shown surface falsely represents the contents, or any package or container that is not properly filled;

(e) violates any provision of this Act or the regulations;

is guilty of an offence and is liable, on summary conviction, to a fine of not more than $100., and in default of payment to imprisonment for a term not exceeding 30 days.

Prima facie proof of appointment of inspector

8           A certificate of the appointment of any inspector purporting to be signed by the minister is, without proof of the signature or official position of the person signing the certificate, admissible in evidence as prima facie proof of the appointment of the inspector.

SCHEDULE A

Asparagus

Beets

Brussels sprouts

Cabbage

Carrots

Cauliflower

Celery

Corn

Cucumbers (field)

Cucumbers (green house)

Head lettuce

Onions

Parsnips

Potatoes

Rhubarb (field)

Rhubarb (forced)

Rutabagas

SCHEDULE B

Apples

Apricots

Blueberries

Cantaloupes

Cherries

Crabapples

Cranberries

Grapes

Peaches

Pears

Plums or Prunes

Raspberries

Strawberries

Tomatoes (field)

Tomatoes (green house)