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Milk Variation Order re Natural Milk Partnership, M.R. 7/94

« Milk Variation Order re Natural Milk Partnership », R.M. 7/94

The Farm Products Marketing Act, C.C.S.M. c. F47

NOTE: This regulation was enacted in English only.

Loi sur la commercialisation des produits agricoles, c. F47 de la C.P.L.M.

NOTE : Ce règlement a été adopté en anglais seulement.

version anglaise

Regulation 7/94
Registered January 11, 1994

This order is made under the Manitoba Milk Producers' Marketing Plan Regulation, Manitoba Regulation 247/87 R, and is Order No. 4, 1993 of The Manitoba Milk Producers' Marketing Board.

Definitions

1   In this Order:

"General Partner" means N.M.P. General Inc.;

"Klassens" means J. George Klassen and Lorraine Klassen;

"Leased Unit" means the milk production and distribution facilities located on N.E. 1/4 15-6-6 E;

"Limited Partner" means an individual who is a limited partner in the Partnership; and

"Partnership" means Natural Milk Partnership.

Distribution by partnership

2   The Partnership may distribute milk on the Leased Unit to a Limited Partner for the personal consumption of a Limited Partner and any member of a Limited Partner's household, notwithstanding the provisions in the Milk Marketing Quota Order, Manitoba Regulation 175/91 and the Milk General Order, Manitoba Regulation 301/89, requiring a producer to deliver or market milk to or through the Board.

Limit as to production facilities

3   The provisions of section 2 are only applicable to milk produced by the Partnership on the Leased Unit and picked up by a Limited Partner on such Leased Unit.

Volume of milk

4   For the purpose of determining the total volume of milk delivered or marketed by the Partnership at or during any period of time, milk distributed by the Partnership to a Limited Partner will be counted as if it had been delivered or marketed to or through the Board; except milk distributed to the Klassens and used to feed livestock owned by the Klassens or used for the personal consumption of the Klassens and any member of the Klassens' household will not be counted as part of such total volume.

Two year rule excluded

5   The limitation on the term of a lease to two (2) years referred to in section 35 of the Milk Marketing Quota Order, Manitoba Regulation 175/91, will not apply to any lease between the Klassens and the Partnership with respect to the Leased Unit.

Deemed number of production days

6   For the purpose of the Milk Marketing Levy and Penalty Regulation, Manitoba Regulation 181/92, the deemed number of production days of the Partnership for a calendar month shall be equal to the number of calendar days in that calendar month.

Limited partners and termination of limited partners

7   This Order is subject to the Partnership limiting its Limited Partners to individuals, and terminating the participation of any Limited Partner where there is reason to believe that such Limited Partner is not using the milk picked up from the Partnership for the personal consumption of such Limited Partner and any member of such Limited Partner's household.

Order and regulation references

8   Any reference to an Order or Regulation made by the Board in this Order shall include any Order or Regulation amending or replacing that Order or Regulation.

Non-transferability

9   This Order is subject to J. George Klassen, and/or his spouse, and/or his children being the sole legal and beneficial shareholders, sole directors and sole officers of the General Partner.

Coming into force

10   This Order will come into force on January 1, 1994.

December 10, 1993THE MANITOBA MILK PRODUCERS' MARKETING BOARD:

Louis Balcaen, Chairman

W.J.S. Wade, Secretary

APPROVED

December 16, 1993THE MANITOBA NATURAL PRODUCTS MARKETING COUNCIL:

Howard Motheral, Chairman

Gordon H. MacKenzie, Secretary