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Processing Potato Permit Procedures Order (Processor), M.R. 96/2008

« Processing Potato Permit Procedures Order (Processor) », R.M. 96/2008

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 96/2008
Registered May 29, 2008

This Order is made under the Manitoba Processing Potato Marketing Plan Regulation, Manitoba Regulation 206/2006, and is Order No. 2/2008 of Keystone Potato Producers Association.

Establishment of procedures

1   The following procedures shall apply to the issuance of permits by the board to permit the acquisition of a specific quantity of a specific variety of a regulated product from a specific registered producer in a manner other than pursuant to a form of potato growing agreement as permitted under subclause 2(a)(i) of the Processing Potato General Order:

(a) an application for a permit must be in writing, in a form specified by this board for such purpose, signed by the applicant and must be forwarded to the head office of this board at least five days prior to the proposed acquisition of the regulated product;

(b) only applications for permits completed by registered processors will be processed by this board;

(c) an application for a permit must provide full particulars of the regulated product proposed to be acquired by the applicant and, without limiting the generality of the foregoing, must include those particulars set out in the form of application specified by this board for that purpose;

(d) an application for a permit must disclose the proposed purchase price for the regulated product and, without limiting the generality of the foregoing, must include those particulars set out in the form of application specified by this board for that purpose;

(e) in the event the proposed purchase price or other terms and conditions set out in an application for a permit with respect to the purchase are not acceptable to the board, an applicant may amend its application with respect to the proposed purchase price or other terms and conditions to reflect provisions acceptable to this board;

(f) once the proposed purchase price and other terms and conditions applicable to an application for a permit have been accepted by the board, the board may authorize the applicant to extend to registered producers conditional offers to purchase regulated product at such price and on such terms and conditions, such offers to specifically state that the proposed purchase is conditional upon the issuance of a permit by the board approving such purchase;

(g) a permit issued by this board will be valid for a period of time specified on the permit and is non-transferable as to persons or facilities. Any failure by a permit holder to adhere to the terms and conditions set out in the permit will result in that permit being void ab initio without any further action by the board;

(h) a permit issued by this board must accompany, at all times, the potatoes permitted to be marketed pursuant to the permit until such potatoes are received within the applicant's processing plant.

Permit fee

2   The fee payable by an applicant to the board upon the issuance of a permit shall be $2 for each 100 pounds or portion thereof of the regulated product requested in the permit.

Repeal

3   The Processing Potato Permit Procedures Order (Processor), Manitoba Regulation 22/2008, is repealed.

May 23, 2008KEYSTONE POTATO PRODUCERS ASSOCIATION:

Dan Sawatzky, Chairperson

Chad Berry, Vice-Chairperson