Short Title

1 This Order may be cited as the Prince Edward Island Potato Marketing Levies Order.

Interpretation

2 In this Order,

Act

Act means the Prince Edward Island Natural Products Marketing Act; (Loi)

“bona fide farmer”

“bona fide farmer” means any resident of Prince Edward Island whose chief occupation is that of a primary agricultural producer who grows an annual average of at least five acres of potatoes and who is not engaged in the assembling or shipping of farm products or produce in a commercial way; (cultivateur véritable)

Commodity Board

Commodity Board means the Prince Edward Island Potato Board established pursuant to the Act; (Office de commercialisation)

dealer

dealer means a person who, on his own behalf or as agent for or on behalf of any other person, is engaged in the marketing of potatoes; (détaillant)

Plan

Plan means any plan for the marketing of potatoes established and amended from time to time pursuant to the Act; (Plan)

potatoes

potatoes means potatoes produced in the Province of Prince Edward Island; (pommes de terre)

producer

producer means a person who, in Prince Edward Island, grows potatoes on his own land or on land owned by others. (producteur)

Levies

• 3 (1) Every person who is engaged in the processing of potatoes in Prince Edward Island shall pay to the Commodity Board, in addition to the licence fees set out under the Plan, levies at the rate of $0.05 per hundredweight on all potatoes used by the person for processing purposes in the Province of Prince Edward Island.

• (2) Every dealer and producer shall pay to the Commodity Board, in addition to the licence fees set out under the Plan, levies at the rate of $0.07 per hundredweight on all potatoes shipped or sold by the person, except where such potatoes are sold to a processor to whom subsection (1) applies.

Remittance of Levies

• 4 (1) Every person engaged in the processing of potatoes in Prince Edward Island shall, on or before the 15th day of each month,

  • (a) render to the Commodity Board a true and correct statement relating to all potatoes purchased by him during the previous month giving the name and address of the grower and the quantity purchased, together with such further information as the Commodity Board may from time to time require; and

  • (b) remit to the Commodity Board the levies imposed on him pursuant to subsection 3(1).

• (2) Every dealer and producer shall, on or before the 15th day of each month,

  • (a) render to the Commodity Board a true and correct statement relating to all potatoes shipped by him during the previous month giving the following information:

    • (i) quantities, varieties and pack of the potatoes,

    • (ii) the licence number of the truck, or the name of the boat or airline, by which the potatoes were shipped from Prince Edward Island, and

    • (iii) such further information as the Commodity Board may from time to time require; and

  • (b) remit to the Commodity Board the levies imposed on him pursuant to subsection 3(2).

• (3) Every trucker shall remit to the Commodity Board the levies imposed on him pursuant to subsection 3(3) prior to his departure for the purpose of transporting potatoes from Prince Edward Island.

Exemption

5 This Order shall not apply to producers who are bona fide farmers except those who are required by the Plan to be licensed as dealers.