General Regulations. Egg Farmers of Ontario

Transcription

1 Egg Farmers of Ontario General Regulations Respecting the Production and Marketing of Eggs and Pullets made under The Farm Products Marketing Act and The Commodity Boards and Marketing Agencies Act Effective 11/1/2012

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3 INDEX 1 PART 1 Interpretations, Definitions and Application Pages 2-4 Interpretations, Definitions and Application Sections PART 2 - Eggs Pages 5-9 Marketing of Eggs Sections Possession of Fowl Sections Exemption Sections Marketing of Hatching Eggs Sections Deemed Licence as a Producer Sections Producer Licence Fees and Levies Sections Over Quota Levies and Penalties Sections Overdue Licence Fees and Levies Sections Producer Marketing Information Sections Licenced Egg Dealer Sections Egg Dealer Information Section 2.58 Registered Egg Grading Station Information Returns Section 2.59 PART 3 - Pullets Pages Quotas for the Production of Pullets Sections Exemption Sections Egg Producer Pullet Information Section 3.9 Pullet Grower Information Sections Hatchery Information Sections Pullet Broker and Dealer Information Section 3.14 Payment to Producers/Freight on Board Section 3.15 PART 4 - Enforcement Page 12 Seizure, Detention Release and Disposal Sections Licence Suspension, Revocation Section 4.6 PART 5 - General Page 13 Revocation Section 5.1 Schedules Section 5.2 Effective Date Section 5.3

4 PART 1 Interpretations, Definitions and Application 2 PART 1 Interpretations, Definitions and Application Interpretations, Definitions and Application These Regulations should be read in conjunction with Egg Farmers of Ontario s current Egg Quota Policy and Pullet Quota Policy [Policies, Programs & Procedures Binder]. 1.1 In these Regulations, (1) Act means the Farm Products Marketing Act; (2) approved building means a structure used for the production of the regulated product that is safe, suitable for the production and marketing of the regulated product on a year round basis, equipped with adequate heating, ventilation, feeders, waterers, cooling, handling doors and are accessible at any time by authorized industry vehicles which has been approved by the Board; (3) approved egg production facility means an approved building or buildings used in the production or marketing of eggs and the lands appurtenant thereto that has been approved by the Board; (4) approved licenced holding facility means a building approved by the Board for the purpose of temporarily housing pullets or fowl that have not been placed and are awaiting disposal to a processing plant, or placement with a producer; (5) approved pullet facility means an approved building or buildings used for the production/growing of pullets and the lands appurtenant thereto as approved by the Board; (6) broker means a person who arranges for the marketing of pullets on behalf of another person or persons in exchange for direct and indirect compensation or commission; (7) Board means the Board, commodity Board, Egg Farmers of Ontario; (8) books and records includes but is not limited to, all documentation whether in printed or electronic format, in the possession, care or control of any person, relating to the production or marketing of the regulated product and includes but is not limited to all forms, settlements, cheques, bills of lading, invoices and order forms for chicks for placement, fowl or feed purchases, egg sales and hatching egg sales, fowl or pullet mortality charts, rate of lay records, flock analysis, condemnation certificates, invoices for veterinary services or reports, ledgers and books of account, transportation slips or other related documents; (9) broiler breeder producer means any person licenced as such by the Ontario Broiler Hatching Egg & Chick Commission [OBHECC]; (10) chicks-for-placement or pullets means female chickens nineteen weeks of age or younger, raised to lay eggs; (11) commodity Board means Egg Farmers of Ontario; (12) day olds means a day old pullet; (13) EFC means Egg Farmers of Canada;

5 PART 1 Interpretations, Definitions and Application 3 (14) egg dealer means any person who receives, assembles, packs, ships for sale, transports, offers for sale or sells eggs produced from a producer but does not include the operator of a registered egg grading station; (15) eggs means eggs of a domestic hen produced in Ontario other than hatching eggs; (16) exempt producer means a producer who has been exempted by the Board from the requirements to hold quota; (17) fowl means a domestic hen more than nineteen weeks of age; (18) grading station means an egg grading station at which eggs are inspected, graded, packed, and marketed; (19) hatchery means a person engaged in the hatching and sale of day olds at a place where eggs are incubated or chicks are hatched and marketed; (20) hatching eggs means eggs of a domestic hen produced in Ontario for the purpose of hatching into chicks not intended to be grown into broiler chickens or roaster chickens; (21) inspector means a person holding a Certificate of Appointment from the Board pursuant to sub section 3[1] (g) & (3) of the Act and sub section 4 [c] of Ontario Regulation 407 made under the Act to: (i) inspect the books, records, documents, lands and premises and any chicks-for-placement, eggs, hatching eggs and fowl of persons engaged in producing or marketing of chicks-for-placement, eggs, hatching eggs or fowl; and (ii) enter on lands or premises used for the producing of chicks-for-placement, eggs, hatching eggs or fowl, and perform a count of chicks-for-placement, eggs, hatching eggs, or fowl therein; (22) layer laying hen means fowl; (23) licenced egg dealer means a person who is licenced by the Board under the Act to receive ungraded eggs from a producer and to assemble, pack, sell, offer for sale, ship and transport the eggs; (24) marketing includes advertising, assembling, buying, financing, offering for sale, packing, processing, selling, shipping, storing and transporting ["market" and "marketed" have corresponding meanings]; (25) monies payable/remittances/filing where any monies payable, remittances or filing is required on a Friday, which is a holiday, the monies payable, remittances or filing is due on the immediately preceding day, which is not a holiday. (26) national rate of lay means the dozens of eggs laid per hen annually, as determined by Egg Farmers of Canada; (27) OBHECC means the Ontario Broiler Hatching Egg & Chick Commission; (28) office means the office of the Board, 7195 Millcreek Dr., Mississauga, ON, L5N 4H1; (29) OFPMC means the Ontario Farm Products Marketing Commission; (30) owner means the beneficial owner of the registered premises;

6 PART 1 Interpretations, Definitions and Application 4 (31) person means an individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate or natural person in his or her capacity as trustee, executor, administrator or other legal representative; (32) placed means the transfer of pullets into a pullet facility or into an egg production facility; (33) producer means a person engaged in the production of chicks-for-placement, eggs, hatching eggs or fowl; (34) producing includes: [i] in the case of chicks-for-placement, the provision of housing, feed, water, or care thereof and the preparation therefore for sale or for use as fowl; [ii] in the case of eggs and hatching eggs, the provision of housing, feed, water, or care for the fowl that lay such eggs or hatching eggs and the preparation of the eggs or hatching eggs for sale or for hatching, as the case may be; (35) pullet dealer means a person who markets or acts as a broker for the marketing of pullets and includes a hatchery that markets pullets other than day olds; (36) pullet producer/grower means a person engaged in the production/growing of pullets; (37) pullets or chicks-for-placement means female chickens nineteen weeks of age or younger raised to lay eggs; (38) quota is fixed and allotted by the Board to a producer in respect of registered premises and authorizes the producing and marketing of the regulated product as specified in the quota; (39) regulated product means chicks-for-placement, fowl, eggs or hatching eggs or any part thereof; (40) registered egg grading station means an egg grading station registered as such with the Canadian Food Inspection Agency; (41) registered premises means the lands and buildings appurtenant thereto in respect of which the Board has fixed and allotted quota; (42) schedule 1 is a list of exempt producers permitted to posses between 100 and 499 hens pursuant to an exemption contained within this regulation [maintained at the Board office]; (43) schedule 2 is a list of exempt grading stations that were registered on the 8 th day of May, 1996 pursuant to an exemption contained within this regulation [maintained at the Board office]. 1.2 These Regulations provide for the control and regulation in any or all respects of the producing and marketing within Ontario of pullets or chicks-for-placement, eggs, hatching eggs and fowl, including the prohibition of such producing and marketing in whole or in part.

7 PART 2 - Eggs 5 PART 2 - Eggs Marketing of Eggs 2.1 Eggs shall be marketed on a quota basis. 2.2 No person to whom a quota has not been fixed and allotted for the marketing of eggs or whose quota has been cancelled, shall market any eggs. 2.3 No person to whom a quota has been fixed and allotted for the marketing of eggs shall market any eggs in excess of such quota. 2.4 No person shall buy any eggs from any person to whom the Board has not fixed and allotted quota for the marketing of the eggs or whose quota has been cancelled. 2.5 No person shall process, pack or package any eggs that have not been sold by or through the Board. 2.6 No person other than a registered egg grading station or a licenced egg dealer shall receive, assemble, grade, pack, ship for sale, transport, offer for sale or sell eggs purchased from a producer. 2.7 No eggs shall be marketed by a producer except: (i) pursuant to a quota fixed and allotted to that producer by the Board; (ii) from fowl possessed by that producer pursuant to a quota fixed and allotted to that producer by the Board; (iii) from the registered premises. 2.8 No eggs shall be marketed by a producer except: (i) to a registered egg grading station; (ii) (iii) to a licenced egg dealer; or where the eggs are produced on the producer s own farm, the eggs are clean and not leaking and are sold or offered for sale only on the farm premises to consumers for their personal consumption. 2.9 No eggs shall be marketed by an exempt producer except: (i) to the extent and in accordance with the terms and conditions of the exemption granted to that producer by the Board; and (ii) from the lands and premises of the producer in respect of which the exemption from quota has been granted by the Board No eggs shall be marketed by a producer except in compliance with the Food Safety and Quality Act and regulations thereunder No eggs shall be marketed by a producer, (i) which have not been reported to the Board; (ii) in respect of which licence fees and levies have not been remitted to the Board. Possession of Fowl 2.12 All fowl shall be possessed on a quota basis No person to whom quota has not been fixed and allotted for the possession of fowl or whose quota has been cancelled shall possess any fowl No person to whom a quota has been fixed and allotted for possessing fowl shall possess any fowl in excess of such quota No person shall possess fowl in any premises other than an approved egg production facility and in respect of which a quota for possessing fowl has been fixed and allotted to such person Every producer to whom the Board has fixed and allotted a quota for the possession of fowl is deemed to have been fixed and allotted a production quota and a quota for the marketing of all of the eggs produced by such fowl. Exemption 2.17 An exempt producer may possess up to a maximum of 100 fowl without a quota, provided: (i) (ii) (iii) the person is either one or more of the beneficial owners or one or more of the tenants of the lands and premises on which said fowl are possessed; no other fowl are possessed by anyone on the same lands and premises; and the person is not in contravention of the Act, or any regulations, orders, directions or policies of the OFPMC, the Board or EFC.

8 PART 2 - Eggs All exempt producers listed on Schedule 1 may possess up to a maximum of 500 fowl without quota provided that they: (i) make an application to the Board for an exempt permit file number and commercial fowl production permit relating to no more than the number of fowl possessed on the lands and premises in the previous calendar year; and (ii) provide adequate facilities for the proper housing and care of fowl and the production and marketing of eggs in accordance with the Food Safety and Quality Act The 500 fowl exemption provided for in section 2.18 does not apply where: (i) the person claiming the exemption, either alone or by or through one or more tenants of said person, has failed to be in continuous production for a period of more than one year for bona fide commercial purposes as determined by the Board; (ii) there is any change in the beneficial ownership of the lands and premises on which the 500 fowl or less are possessed; (iii) other fowl are possessed by anyone on the same lands and premises; or (iv) the person is in contravention of the Act, the Food Safety and Quality Act or any of the regulations, orders, directions or policies of the OFPMC, the Board or EFC A person who can establish to the satisfaction of the Board that they were in possession of more than 100 fowl but less than 500 fowl on or before the 5 th day of July, 1983 and also meet the following requirements: (i) have been in continuous possession of 500 fowl or less for bona fide purposes; (ii) satisfy the Board that the beneficial ownership of the premises on which the 500 fowl or less have been produced has not changed during the period of time in question, and; (iii) satisfy the Board that no other fowl are present on the premises, may apply to the Board for an exemption from the quota requirements regarding amalgamation of quota and exemption as determined by the Board Where the Board grants an exemption under section 2.20 that producer shall be added to Schedule 1, on file at the office of the Board The Board may remove a producer from Schedule 1 and cancel an exemption under section 2.18, 2.19 or 2.20 where, after a Hearing, the Board has determined that the producer has contravened any of the Act, the Food Safety and Quality Act, regulations, orders, directions or policies of the OFPMC, the Board or EFC, or is no longer engaged in the possession of fowl for bona fide commercial purposes. Marketing of Hatching Eggs 2.23 No person engaged in the production of hatching eggs for use in the production of chicken shall commence or continue to engage in the marketing of any such eggs for any purpose other than for use in the production of chicken, except under the authority of a licence to market hatching eggs from the Board in Form GR-MHE Any person licenced by OBHECC to engage in the production of hatching eggs for use in the production of chicken may apply to the Board for a licence to market hatching eggs in Form GR-MHE A licence in Form GR-MHE 2.24 is issued for the marketing of a specified number of dozens of hatching eggs produced at a specified egg production premises and lands appurtenant thereto A licence for the marketing of hatching eggs is issued on a renewable one [1] year term from the date on which the licence was issued, unless revoked prior thereto by the Board No person shall buy any hatching eggs from any person to whom the Board has not issued a licence to market hatching eggs or whose licence has been suspended or revoked No person shall possess, pack or package any hatching eggs that have not been sold by or through the Board No person other than a registered egg grading station or a licenced egg dealer shall receive, assemble, grade, pack, ship for sale, transport, offer for sale or sell hatching eggs purchased from a producer.

9 PART 2 - Eggs No hatching eggs shall be marketed by a producer except in compliance with the Food Safety & Quality Act and regulations thereunder and except: (i) pursuant to a licence in Form GR-MHE 2.24 issued by the Board; (ii) to a registered egg grading station; or (iii) to an egg dealer licenced as such by the Board; or (iv) where the hatching eggs are produced on the producer s own farm, the hatching eggs are clean and not leaking and are sold or offered for sale only on the farm premises to consumers for their own consumption No hatching eggs shall be marketed by a producer: (i) which have not been reported to the Board; and (ii) in respect of which licence fees and levies have not been remitted to the Board. Deemed Licence as a Producer 2.32 No person shall commence or continue to engage in the production or marketing of eggs except under the authority of a licence as a producer of eggs issued by the Board Every producer while not in default of payment of the licence and levies fees required to be paid to the Board and whose licence has not been refused, suspended, cancelled or revoked shall be deemed to be the holder of a licence The Board may refuse to grant or renew, or may suspend or revoke a licence as a producer of eggs where: (i) the applicant or licencee is not qualified by experience, financially responsible or equipped to (ii) properly engage in the business for which the application was made or the licence granted; or the applicant or licencee has failed to comply with or has contravened any provisions of the Act, regulations, orders, directions or policies of the OFPMC or the Board. Producer Licence Fees and Levies 2.35 Every producer shall pay to the Board on account of the annual licence fee determined under section 2.37, 2.60 cents for each dozen of eggs marketed by that producer Every producer shall, in addition to the payments on account of the annual licence fee under Section 2.35, 2.37, and 2.39 pay to the Board on account of levies such amounts as are prescribed by the Board by regulation under the Commodity Boards and Marketing Agencies Act as amended from time to time Every producer, except an exempt producer, shall pay to the Board an annual licence fee for the immediately preceding year, determined by (i) (ii) (iii) subject to section 2.36, multiplying a number equal to the maximum number of fowl the producer is authorized to possess under the fowl quota fixed and allotted to that producer by the national rate of lay; multiplying the resultant number by 2.60 cents; and subtracting from that amount, an amount equal to the payments made by that producer to the Board during that year on account of the licence fee pursuant to section The annual licence fee determined under section 2.40 shall be adjusted by the Board to reflect any changes in the fowl quota fixed and allotted to the producer during that year Every producer shall pay to the Board at its office on or before the 31 st day of January in each year any balance of the annual licence fee determined by the Board in accordance with section 2.37 and as set out in the producer notice, from the Board Any registered egg grading station which receives eggs from a producer, exempt producer, or a dealer, shall deduct from the monies payable for the eggs any amounts payable by the producer to the Board and EFC on account of the annual licence fees and levies and forward same to the Board at its office not later than ten (10) days from the last day of the week in which the eggs were received by that registered egg grading station Where eggs are not received by a registered egg grading station the payment required to be made under section 2.35 and section 2.36 shall be made by the producer to the Board at its office not later than 10 days from the last day of the week in which the eggs were marketed.

10 PART 2 - Eggs Every egg grading station which receives eggs from a producer, exempt producer or dealer, shall upon notice to do so by the Board, deduct from any monies payable to that producer for eggs any amount owing to the Board and forward same to the Board at its office by not later than 10 days from the date of the notice to do so from the Board. Over Quota Levies & Penalties 2.43 Every producer to whom the commodity Board has fixed and allotted a quota for the possession of fowl shall pay to the commodity Board a levy of $2.00 per week per fowl in excess of quota fixed and allotted by the commodity Board. In addition to the over quota levy, a producer may be subject to a penalty in accordance with EFO s Egg Quota Policy and EFO s Pullet Quota Policy Every producer to whom the commodity Board has not fixed and allotted a quota for the possession of fowl shall pay to the commodity Board a levy of $2.00 for each fowl possessed by that producer in any week Every producer to whom a production quota has been fixed and allotted by the commodity Board shall pay to the commodity Board, in addition to licence fees imposed under the Act, over quota fees [in excess of production fixed and allotted]as determined under the above section Every producer to whom a production quota has not been fixed and allotted by the commodity Board shall pay to the commodity Board, in addition to the licence fees imposed under the Act, levies at the current rate on production Any person who receives eggs shall deduct from the monies payable for the eggs any levies or charges payable to the commodity Board by the person from whom the eggs were received and shall forward same to the commodity Board at its office within ten (10) days from the last day of the week Every producer shall pay to the commodity Board at its office any levies payable by the producer in respect of fowl possessed or eggs produced in excess of the quota by the producer in any week that were not deducted and forwarded to the commodity Board by the person who received the eggs from the producer not later than thirty (30) days after written request therefore has been made by the commodity Board. Overdue Licence Fees and Levies 2.49 Every producer shall pay to the Board at its office any licence fees or levies payable by the producer in respect of eggs marketed by the producer which have not been forwarded to the Board by the person who received the eggs within ten (10) days from the date on which the Board has sent an invoice to the producer by regular mail at the producer s address as recorded on the books at the Board Interest at the rate of two (2%) percent per month shall apply to any licence fees and levies outstanding after the date on which such licence fees and levies should have been paid to the Board The Board may recover any licence fees and levies payable to it by suit in a court of competent jurisdiction. Producer Marketing Information 2.52 Every producer who markets eggs other than to a registered egg grading station shall for each month in respect of such eggs complete and file with the Board at its office a Producer Marketing Report in Form PMR-2006, showing with respect to the month, eggs sold by that producer in the month to other than a registered egg grading station identifying the number of eggs sold, not later than ten [10] days from the last day of the month Exempt grading stations listed on Schedule 2, on file at the office of the Board, are exempt from section 2.47 and shall complete and file with the Board at its office not later than the tenth (10 th ) day of each month, a Monthly Grading Summary in Form GR-PMI-2.53 showing the quantity of eggs graded by that producer of the immediately preceding month. Licenced Egg Dealer 2.54 No person shall commence or continue to act as an egg dealer except under the authority of a Dealer Licence in Form DL No Dealer Licence shall be issued except upon application in Form ADL A Dealer Licence is non transferable.

11 PART 2 - Eggs A Dealer Licence expires upon the earlier of: (i) the person ceasing to act as an egg dealer; (ii) December 31 st following the date on which the licence was issued; (iii) upon revocation by the Board. Egg Dealer Information 2.58 Every egg dealer shall, for each week, complete and file with the Board at its office a Weekly Dealer Report in Form WDR-2006, not later than the Friday of the following week, including: (i) each person from whom the egg dealer received eggs in the week and that person s address; (ii) the number of dozens of eggs received from each person identified in section 2.58 (i); (iii) the person who graded the eggs received in the week and the number of dozens of eggs graded by each such person in the week; (iv) a nil eggs received report where no eggs were received in the week. Registered Egg Grading Station Information Returns 2.59 Every registered egg grading station, except those listed on Schedule 2, shall for each week complete and file with the Board at its office, not later than Friday of each week, a Grading Summary in Form GS-2006 for all eggs received from each producer and exempt producer.

12 PART 3 - Pullets 10 PART 3 - Pullets Quotas for the Production of Pullets 3.1 All pullets shall be produced on a quota basis. 3.2 No person to whom a quota has not been fixed and allotted a pullet quota or whose quota has been cancelled shall produce any pullets. 3.3 No person to whom a pullet quota has been fixed and allotted shall produce any pullets in excess of such quota. 3.4 No person shall produce pullets in premises other than in the pullet facility or an approved pullet holding facility and in respect of which the pullet quota has been fixed and allotted to such person. Exemption 3.5 A person who qualifies for an exemption from quota and also satisfies the conditions of section 3.6 may produce for placement at their approved pullet facility: (i) (ii) not more than 100 pullets in any calendar year without a quota; or not more than 500 pullets in any calendar year where that person has continuously produced pullets since before December 31, It is a condition of every exemption under section 3.5 that, (i) the person is either one or more of the beneficial owners or one or more of the tenants of the pullet facility; (ii) no other pullets are produced by any other person at the same pullet facility; and (iii) the person is not in contravention of any regulations, orders, directions or policies of the Board. 3.7 The 500 exemption under section 3.5 (ii) does not apply where the person claiming the exemption, either alone or by or through one or more tenants of said person, has ceased for a period of more than one calendar year to produce pullets in the pullet facility in respect of which the exemption was claimed. 3.8 The Board may cancel any exemption granted under the foregoing where, after a Hearing, the Board determines that the producer has contravened any of the regulations, the Act, the Food Safety and Quality Act and any orders, directions or policies of the OFPMC or the Board, or has ceased to produce pullets. Egg Producer Pullet Information 3.9 Every egg producer shall, (i) (ii) (iii) complete and sign a Pullet Order Report in Form GR-EPPI-3.9; deliver it to and arrange for it to be signed by the hatchery or pullet contractor with which the order for pullets was made; and file it with the Board at its office within ten (10) business days of the date on which the order for pullets was made. Pullet Grower Information 3.10 Every pullet grower shall complete, certify as true and accurate, and file with the Board at its office, a Pullet Grower Day-Old Report in Form GR-PGI-3.10, for all day-olds placed by such pullet grower in any week, within ten (10) business days following the last placement Every pullet grower shall complete, certify as true and accurate, and file with the Board at its office, a 19 Week Old Pullet Report in Form GR-PGI-3.11, within ten (10) business days following the last date of the transfer of pullets from the pullet facility. Hatchery Information 3.12 Every hatchery shall complete, certify as true and accurate, and file with the Board at its office, a Hatchery Pullet Report in Form GR-HI-3.12, for each week and where no pullets are placed in that week, a nil pullet placed notation, in every week, not later than the Wednesday of the following week Every hatchery, pullet dealer and every approved holding facility shall complete, certify as true and accurate, and file with the Board at its office, a Pullet Marketing Report in Form PMR-1 for each week and where no pullets are marketed in that week report a zero pullet marketing, for each week, not later than the first Friday following the week.

13 PART 3 - Pullets 11 Pullet Broker or Dealer Information 3.14 Every broker or dealer shall, for each week, complete and file with the Board a Pullet Broker/Dealer Report in Form GR-BDI-3.14, not later than the Friday of the following week: (i) (ii) each pullet facility from which the pullet broker or dealer received pullets in the week; the name of the egg producer, approved holding facility or exempt producer who receives the pullets in the week and the number of pullets received by each such person in the week. Payment to Producers / Freight on Board 3.15 All eggs shall be purchased and sold Freight on Board [FOB] producer premises at the time of pick up. The price to be paid to a producer shall be not less than the price determined from time to time by the Board, in accordance with Price Determinations made under the Act and which is in effect when the eggs are received by the buyer at the premises of the producer.

14 PART 4 - Enforcement 12 PART 4 Enforcement Seizure, Detention Release and Disposal 4.1 This section provides for the seizure, detention, release and disposal of the whole or any part of any chicks-for-placement, eggs, hatching eggs or fowl or any class, variety, grade or size thereof. 4.2 Where an inspector believes, on reasonable grounds, that an offence against the Act or Regulations has been committed in respect of chicks-for-placement, eggs, hatching eggs or fowl, then the inspector may seize and detain the whole or any part of the chicks-for-placement, eggs, hatching eggs or fowl or any class, variety, grade or size thereof. 4.3 The Board may release from detention the whole or any part of the chicks-for-placement, eggs, hatching eggs or fowl, or any class, variety, grade or size thereof, where it is satisfied that the owner of same complies with the Act and Regulations respecting the chicks-for-placement, eggs, hatching eggs or fowl. 4.4 The Board may dispose of the whole or any part of the chicks-for-placement, eggs, hatching eggs or fowl and any class, variety, grade or size thereof that has been seized and detained. 4.5 The monies derived from any disposal of the whole or any part of the chicks-for-placement, eggs, hatching eggs or fowl shall be applied consecutively: (i) to all expenses incurred in seizing, detaining, preparing for disposition and disposing of the chicks-for-placement, eggs, hatching eggs or fowl; (ii) to any licence fees, levies, charges or monies together with interest thereon owing by the producer or owner, as the case may be, to the Board or EFC together with all costs and expenses incurred by the Board and the collection of same; and with the balance, if any, being remitted to the producer or owner, as the case may be. Licence Suspension, Revocation 4.6 The Board may suspend or revoke or refuse to grant or renew a licence where the applicant or licencee is not qualified by experience, financial responsibility or equipment to engage properly in the business for which the application was made or for failure to observe, perform or where the applicant or licencee has failed to comply with or has contravened any provision of the Act, the regulations, any Plan, Order or Direction of OFPMC, the Board or EFC.

15 PART 5 - General 13 PART 5 - General Revocation 5.1 The Regulations of the Board dated April 3, 2006 hereto are revoked and these Regulations are substituted therefore, provided that such revocation shall not affect the previous effect of any of said Regulations or anything duly done or suffered there under, or any right, privilege, obligations or liability acquired, accrued, accruing or incurred under same, or any offence committed or any penalty, forfeiture or punishment incurred in respect thereof or any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment. Schedules 5.2 The following Schedules and Forms are part of these Regulations. Schedules Schedule 1 Schedule 2 Forms GR-MHE-2.23 GR-MHE-2.24 PMR-2006 GR-PMI-2.53 DL-2006 ADL-2006 WDR-2006 GS-2006 GR-EPPI-3.9 GR-PGI-3.10 GR-PGI-3.11 GR-HI-3.12 PMR-1 GR-BDI-3.14 Exempt Producers (on file at the Board office) Exempt Grading Stations (on file at the Board office) Licence (to Market Hatching Eggs) Application for Licence (to Market Hatching Eggs) Producer Marketing Report Monthly Grading Summary Dealer Licence (as a Dealer of Eggs) Application for Licence (as a Dealer of Eggs) Weekly Dealer Report Grading Summary Pullet Order Report Pullet Grower Day-Old Report 19 Week Old Pullet Report Hatchery Pullet Report Pullet Marketing Report Pullet Broker/Dealer Report Effective Date 5.3 These Regulations come into force on the 1 st day of November DATED AT Mississauga, Ontario this 1 st day of November 2012 Scott Graham, Chair Harry Pelissero, General Manager

16 SAMPLE FORMS Referred to herein

17 SAMPLE FORMS LICENCE (TO MARKET HATCHING EGGS) Form No.: GR-MHE Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) NO PERSON ENGAGED IN THE PRODUCTION OF HATCHING EGGS FOR USE IN THE PRODUCTION OF CHICKEN SHALL COMMENCE OR CONTINUE TO ENGAGE IN THE MARKETING OF ANY SUCH EGGS FOR ANY PURPOSE OTHER THAN FOR USE IN THE PRODUCTION OF CHICKEN, EXCEPT UNDER THE AUTHORITY OF A LICENCE TO MARKET HATCHING EGGS FROM THE BOARD IN FORM GR-MHE NAME OF HATCHERY: LICENCE # ADDRESS: TAKE NOTICE that the has issued the above named hatchery a licence to market: DOZENS OF EGGS FOR YEAR ENDING DECEMBER 31, that were produced on the egg production premises and lands appurtenant thereto hereinafter described: LOT CONCESSION TOWNSHIP COUNTY By order of the local board. General Manager

18 SAMPLE FORMS APPLICATION FOR LICENCE (TO MARKET HATCHING EGGS) Form No.: GR-MHE Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) ANY PERSON LICENCED BY OBHECC TO ENGAGE IN THE PRODUCTION OF HATCHING EGGS FOR USE IN THE PRODUCTION OF CHICKEN MAY APPLY TO THE BOARD FOR A LICENCE TO MARKET HATCHING EGGS IN FORM GR-MHE Hatchery Name (in full) Existing Licence No. Address: Telephone No. Postal Code: Makes application for a Licence pursuant to Egg Farmers of Ontario General Regulations to market hatching eggs for a purpose other than for use in the production of chickens and in support of this application the following facts are stated. LOCATION OF FACILITY Farm Operator s Name Lot Conc. Twsp. County Total No. of Hens If under contract mark C If any of the above flock operators are new, please mark the name with an X in the margin. Name of Hatchery selling eggs: Name of registered Egg Grading Station taking surplus hatching eggs: Do you sell eggs directly to consumers? YES / NO Is this an application for renewal of licence? YES / NO I hereby certify that the information on this application is correct and hereby agree to abide by the provisions of EFO General Regulations. Date: Signature: If signing on behalf of a company or partnership provide status:

19 SAMPLE FORMS PRODUCER MARKETING REPORT Form No.: PMR Millcreek Drive, Mississauga, ON L5N 4H1 Phone: (905) Toll Free: Fax: (905) eggboard@getcracking.ca Producer Name: Quota No.: Month/Week Ending: Canada Grade/Size Quantity/Dozens Price Per Dozen Amount A Extra Large A Large A Medium A Small A Pee Wee B C/Cracks Rejects/Short & Broken Total Dozens # of Paid Dozens/Average Grade out Price (A) (B) # of Leviable Dozens (C) (# of Paid Dozens) Regular Production % of X [Dozens] (A) Less: - Levy % X [Dozens] (C) [Average Grade out Price] (B) [Levy Rate/doz.] Less: H.S.T. (13%) Payable to EFO (Levy & HST) ( ) ( ) (Dozens) EFP Production [80%] % of X [Dozens] (A) [Average Grade out Price] (B) Payable to EFO (Dozens) EFP Production [20%] % of [Dozens] (A) % of (A) [Call the office for current levy rates & Regular/EFP Production %] Payable to EFO [Levy, HST & EFP Prod] $ The above named producer certifies that the above information is complete and true in all respects. Producer Signature OFFICE USE ONLY CHEQUE NO. # CHEQUE AMOUNT $ BLUE BOARD COPY YELLOW PRODUCER COPY

20 SAMPLE FORMS MONTHLY GRADING SUMMARY Form No.: GR-PMI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EXEMPT GRADING STATIONS LISTED ON SCHEDULE 2, ON FILE AT THE OFFICE OF THE BOARD, ARE EXEMPT FROM SECTION 2.47 AND SHALL COMPLETE AND FILE WITH THE BOARD AT ITS OFFICE NOT LATER THAN THE TENTH (10TH) DAY OF EACH MONTH, A MONTHLY GRADING SUMMARY IN FORM GR-PMI-2.53 SHOWING THE QUANTITY OF EGGS GRADED BY THAT PRODUCER OF THE IMMEDIATELY PRECEDING MONTH. Registered Egg Grading Station Name: Date: Station No. Producer Name: Producer No. Canada Grade/Size Quantity/Dozens A Extra Large A Large A Medium A Small A Pee Wee Cracks/Rejects/Broken Total Dozens The above named Grading Station certifies that the above information is complete and true in all respects. Grading Station Signature

21 SAMPLE FORMS DEALER LICENCE (AS A DEALER OF EGGS) Form No.: DL Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) eggboard@getcracking.ca NO PERSON SHALL COMMENCE OR CONTINUE TO ACT AS AN EGG DEALER EXCEPT UNDER THE AUTHORITY OF A DEALER LICENCE IN FORM DL Under the aforementioned Regulation, and subject to the limitations thereof, this Licence is issued to the undersigned for the purpose of receiving, assembling, packing, shipping for sale, transporting, offering for sale, or selling eggs produced by a producer. Licence Number: Licence issued to: Name: Address: Issued at Mississauga, Ontario this day of CHAIR SECRETARY This licence expires on December 31 st,.

22 SAMPLE FORMS APPLICATION FOR LICENCE (AS A DEALER OF EGGS) Form No.: ADL Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) eggboard@getcracking.ca NO DEALER LICENCE SHALL BE ISSUED EXCEPT UPON APPLICATION IN FORM ADL Under the aforementioned Regulation, and subject to the limitations thereof, (PLEASE PRINT) NAME HEREBY APPLIES FOR A DEALER LICENCE. EGGS PICKED UP ARE BEING GRADED BY (PLEASE PRINT) NAME OF REGISTERED EGG GRADING STATION (PLEASE PRINT) ADDRESS OF REGISTERED EGG GRADING STATION THE APPROPRIATE LEVIES WILL BE HANDLED THROUGH THIS REGISTERED EGG GRADING STATION AND FORWARDED TO. THE REPORTING OF DOZENS PICKED UP WILL BE REPORTED ON THE WEEKLY DEALER FORM GR-DI-2.40 AND SENT TO THE. APPLICANT PARTICULARS NAME: ADDRESS: TELEPHONE NO: VEHICLE TYPE: VEHICLE LICENCE NO: SIGNATURE DATE WITNESS DATE

23 SAMPLE FORMS WEEKLY DEALER REPORT Form No.: WDR Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) eggboard@getcracking.ca EVERY EGG DEALER SHALL, FOR EACH WEEK, COMPLETE AND FILE WITH THE BOARD AT ITS OFFICE A WEEKLY DEALER REPORT IN FORM WDR-2006, NOT LATER THAN THE FRIDAY OF THE FOLLOWING WEEK. FOR THE WEEK OF DEALER NAME: VEHICLE & LICENCE # ADDRESS: PHONE NO: EGGS GRADED AT: ADDRESS: PRODUCER # ADDRESS OF PICK UP DATE PRODUCER NAME IF APPLICABLE LOT CONCESSION/TOWNSHIP AND COUNTY # OF DOZENS The undersigned dealer certifies all of the above information is true and accurate in all respects. DEALER SIGNATURE: DATE:

24 SAMPLE FORMS GRADING SUMMARY Form No.: GS Millcreek Drive, Mississauga, ON L5N 4H1 Phone: (905) Toll Free: Fax: (905) Registered Egg Grading Station Name: Date: Station No. Producer No. Producer Name: Dozens Recv d Canada Grade/Size Quantity/Dozens Price Per Dozen Amount A Extra Large A Large A Medium A Small A Pee Wee B C/Cracks Rejects/Short & Broken Total Dozens # of Paid Dozens/Average Grade out Price (A) (B) # of Leviable Dozens (C) (# of Paid Dozens) Regular Production % of X [Dozens] (A) Less: - Levy % X [Dozens] (C) [Average Grade out Price] (B) [Levy Rate/doz.] Less: H.S.T. (13%) Payable to EFO (Levy & HST) Payable to Producer ( ) ( ) (Dozens) EFP Production [80%] % of X [Dozens] (A) [Average Grade out Price] (B) [Payable to EFO] (Dozens) EFP Production [20%] % of X [Dozens] (A) [Average Grade out Price] (B) [Payable to Producer] % of (A) [Call the office for current levy rates & Regular/EFP Production %] Payable to EFO [Levy, HST & EFP Prod] $ The above named Grading Station certifies that the above information is complete and true in all respects. Grading Station Signature WHITE BOARD COPY YELLOW STATION COPY PINK PRODUCER COPY

25 SAMPLE FORMS PULLET ORDER REPORT Form No.: GR-EPPI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EVERY EGG PRODUCER SHALL, (I) COMPLETE AND SIGN A PULLET ORDER REPORT IN FORM GR-EPPI-3.9; (II) DELIVER IT TO AND ARRANGE FOR IT TO BE SIGNED BY THE HATCHERY OR PULLET CONTRACTOR WITH WHICH THE ORDER FOR PULLETS WAS MADE; AND (III) FILE IT WITH THE BOARD AT ITS OFFICE WITHIN TEN (10) BUSINESS DAYS OF THE DATE ON WHICH THE ORDER FOR PULLETS WAS MADE. QUOTA HOLDER S NAME ORDER NO. ADDRESS QUOTA NO. DATE ORDERED NO. OF PULLETS ORDERED AGE ORDERED Wks. DATE HATCHED DATE OF DELIVERY day/month/year day/month/year HATCHERY NAME C.D.A. NO. ADDRESS The undersigned hatchery certifies that the information on this form is true and accurate in all respects. SIGNATURE OF HATCHERY REPRESENTATIVE NAME OF PULLET GROWER QUOTA NO. ADDRESS OF PULLET GROWER The undersigned quota holder certifies that the information on this form is true and accurate in all respects. QUOTA HOLDER S SIGNATURE DATE TO BE COMPLETED ONLY WHEN FLOCK UNDER CONTRACT NAME OF CONTRACTOR ADDRESS OFFICE USE ONLY DATE RECEIVED QUOTA MANAGER SIGNATURE DATE INSTRUCTION FOR USE OF REPORT 1. USE ONE REPORT FOR EACH FLOCK; 2. THIS REPORT TO BE COMPLETED BY PRODUCER AND SUPPLIER AT THE TIME THE BIRDS ARE ORDERED; 3. ALL COPIES TO BE FORWARDED TO THE ; 4. ON RECEIPT BY THE BOARD, ALL VALID FORMS WILL BE SIGNED BY THE QUOTA MANAGER, AND APPROPRIATE COPIES RETURNED TO PRODUCER, HATCHERY OR CONTRACTOR.

26 SAMPLE FORMS PULLET GROWER DAY-OLD REPORT Form No.: GR-PGI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: EVERY PULLET GROWER SHALL COMPLETE, CERTIFY AS TRUE AND ACCURATE, AND FILE WITH THE BOARD AT ITS OFFICE, A PULLET GROWER DAY-OLD REPORT IN FORM GR-PGI-3.10, FOR ALL DAY-OLDS PLACED BY SUCH PULLET GROWER IN ANY WEEK, WITHIN TEN (10) BUSINESS DAYS FOLLOWING THE LAST PLACEMENT. QUOTA NO. DATE PULLET GROWER S NAME ADDRESS PHONE NO. LOCATION OF PULLET GROWER S BARN: LOT CONC TWP COUNTY STREET ADDRESS (911) TOTAL PLACED BARN NO: TRUCKER S RECEIPT DATE HATCHED DATE OF DELIVERY NAME OF HATCHERY: NAME OF BROKER/DEALER IF APPLICABLE: The undersigned pullet grower certifies all of the above information is true and accurate in all respects. PULLET GROWER S SIGNATURE WHITE OFFICE COPY YELLOW PULLET GROWER COPY

27 SAMPLE FORMS 19 WEEK OLD PULLET REPORT Form No.: GR-PGI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EVERY PULLET GROWER SHALL COMPLETE, CERTIFY AS TRUE AND ACCURATE, AND FILE WITH THE BOARD AT ITS OFFICE, A 19 WEEK OLD PULLET REPORT IN FORM GR-PGI-3.11, WITHIN TEN (10) BUSINESS DAYS FOLLOWING THE LAST DATE OF THE TRANSFER OF PULLETS FROM THE PULLET FACILITY. PULLET QUOTA NO: DATE GROWER S NAME: PHONE ADDRESS: LOCATION OF PULLET GROWER S BARN: LOT CONC TWP COUNTY STREET ADDRESS (911) TOTAL NO. GROWN DATE WHEN 19 WEEKS: NUMBER PICK UP DATE TRUCKER OF PULLETS NAME & ADDRESS OF RECIPIENT OF PULLETS TOTAL NUMBER TRUCKER S RECEIPT COMMENTS: The undersigned pullet grower certifies all of the above information is true and accurate in all respects. PULLET GROWER S SIGNATURE WHITE OFFICE COPY YELLOW PULLET GROWER COPY

28 SAMPLE FORMS HATCHERY PULLET REPORT Form No.: GR-HI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EVERY HATCHERY SHALL COMPLETE, CERTIFY AS TRUE AND ACCURATE, AND FILE WITH THE BOARD AT ITS OFFICE, A HATCHERY PULLET REPORT IN FORM GR-HI-3.12, FOR EACH WEEK AND WHERE NO PULLETS ARE PLACED IN THAT WEEK, A NIL PULLET PLACED NOTATION, IN EVERY WEEK, NOT LATER THAN THE WEDNESDAY OF THE FOLLOWING WEEK. Week ending (Saturday) NAME OF HATCHERY HATCHERY LICENCE NO. TOTAL NO. PULLET PULLET GROWER S NAME DELIVERED QUOTA NO. AND DELIVERY LOCATION OR NON QUOTA HOLDERS NAME & ADDRESS (INCL. EXTRAS) The undersigned Hatchery Representative certifies all of the above information is true and accurate in all respects. SIGNATURE OF HATCHERY REPRESENTATIVE DATE WHITE OFFICE COPY YELLOW HATCHERY COPY

29 SAMPLE FORMS PULLET MARKETING REPORT Form No.: PMR Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EVERY HATCHERY, PULLET DEALER AND EVERY APPROVED HOLDING FACILITY SHALL COMPLETE, CERTIFY AS TRUE AND ACCURATE, AND FILE WITH THE BOARD AT ITS OFFICE, A PULLET MARKETING REPORT IN FORM PMR-1 FOR EACH WEEK AND WHERE NO PULLETS ARE MARKETED IN THAT WEEK REPORT A ZERO PULLET MARKETING FOR EACH WEEK, NOT LATER THAN THE FIRST FRIDAY FOLLOWING THE WEEK. Week ending (Saturday) NAME OF HATCHERY/PULLET DEALER LICENCE NO. TOTAL NO. PULLET PULLET GROWER S NAME DELIVERED QUOTA NO. AND DELIVERY LOCATION OR NON QUOTA HOLDERS NAME & ADDRESS (INCL. EXTRAS) The undersigned Hatchery/Pullet Dealer Representative certifies all of the above information is true and accurate in all respects. SIGNATURE OF HATCHERY/PULLET DEALER REPRESENTATIVE DATE WHITE OFFICE COPY YELLOW HATCHERY/PULLET DEALER COPY

30 SAMPLE FORMS PULLET BROKER/DEALER REPORT Form No.: GR-BDI Millcreek Drive, Mississauga, ON, L5N 4H1 Phone: (905) Toll Free: Fax: (905) EVERY BROKER OR DEALER SHALL, FOR EACH WEEK, COMPLETE AND FILE WITH THE BOARD A PULLET BROKER/DEALER REPORT IN FORM GR-BDI-3.14, NOT LATER THAN THE FRIDAY OF THE FOLLOWING WEEK. BROKER/DEALER NAME: ADDRESS: FOR THE WEEK OF PHONE NO. PURCHASED FROM HATCH DATE DELIVERED TO NAME AND ADDRESS DATE NAME OF HATCHERY OR GROWER OR AGE LOT, CONCESSION, TWSP, CTY DELIVERED NO. OF BIRDS The undersigned broker/dealer certifies all of the above information is true and accurate in all respects. BROKER/DEALER SIGNATURE: WHITE OFFICE COPY DATE: YELLOW DEALER COPY

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32 Egg Farmers of Ontario 7195 Millcreek Drive Mississauga, Ontario L5N 4H1 Phone: Fax: