Fresh Fruit and Vegetable Regulations

Version of section 35 from 2006-03-22 to 2019-01-14:

  •  (1) Subject to subsection (4), every lot of apples, onions or potatoes imported from the United States or shipped to Canada from another country through the United States, except a lot that is bonded, shall be accompanied by the following documents certifying that the apples, onions or potatoes meet the requirements of these Regulations:

    • (a) a serially-numbered Federal-State Inspection Certificate issued by the United States Department of Agriculture; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message from a United States Federal-State Inspection supervisor.

  • (2) Subject to subsection (5), every lot of apples imported from New Zealand shall be accompanied by the following documents certifying that the apples meet the standards of Canada Extra Fancy grade, Canada Fancy grade or Canada Commercial grade and the requirements of these Regulations:

    • (a) a serially-numbered inspection certificate issued by the New Zealand Ministry of Agriculture and Fisheries; or

    • (b) evidence of inspection in the form of a telex, facsimile or electronic mail message issued by the New Zealand Ministry of Agriculture and Fisheries.

  • (3) The certification referred to in subsections (1) and (2) shall be made by endorsing the certificate or the evidence of inspection with the words “Meets Canadian Import Requirements” or “Satisfait aux exigences d’importation du Canada”.

  • (4) Where a lot of apples, onions or potatoes referred to in subsection (1) is not accompanied at a Canadian port of entry by a Federal-State Inspection Certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples, onions or potatoes

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (5) Where a lot of apples referred to in subsection (2) is not accompanied at a Canadian port of entry by an inspection certificate or evidence of inspection referred to in that subsection, an inspector shall inspect the lot of apples

    • (a) at the Canadian port of entry, if that port is an inspection point; or

    • (b) at any other inspection point, if authorized by an inspector.

  • (6) An inspection referred to in subsection (4) or (5) shall be made

    • (a) on the basis that the apples, onions or potatoes meet the applicable standards of one of the grades referred to in section 34; and

    • (b) in accordance with the applicable general tolerances set out in Schedule I, where the apples, onions or potatoes are inspected at the time of shipping or at the time of repackaging.

  • (7) [Repealed, SOR/94-510, s. 15]

  • SOR/79-144, s. 4
  • SOR/87-694, s. 5
  • SOR/90-447, s. 2
  • SOR/92-618, s. 14
  • SOR/94-510, s. 15
  • SOR/95-225, s. 5
  • SOR/95-475, s. 2(F)
  • SOR/96-361, s. 3
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