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AR 285/96 HOG REGISTRATION, LICENSING AND UNIVERSAL SERVICE CHARGE REGULATION

(Consolidated up to 244/2008)

ALBERTA REGULATION 285/96

Marketing of Agricultural Products Act

HOG REGISTRATION, LICENSING AND
UNIVERSAL SERVICE CHARGE REGULATION

Table of Contents

1 Definitions

2 Licence

3 Licence application

4 Multiple licences

5 Licence refusal

6 Term of licence

7 Licence not transferable

8 Ability of licensee not warranted by Corporation

9 Licence suspended, revoked, not renewed

10 Notification of licence refusal

11 Show cause respecting refusal of licence, etc.

12 Hog information

12.1 Production certificates

13 Information to be submitted

14 Farm unit registration

14.1 Records

15 Prohibition re farm unit registration number

16 Confidentiality

17 General service charge

18 Deduction of service charge

19 Debt to the Corporation

20 Use of service charge

21 Transitional re licences

22 Expiry

23 Coming into force

Schedules

Definitions

1 In this Regulation,

(a) “Act” means the Marketing of Agricultural Products Act;

(b) “buyer” means a person who buys and includes a processor;

(c.1) “custom kill” means the processing by a processor on a fee for services basis of hogs that are owned by a person other than the processor;

(c.2) “farm unit” means a premises where one or more hogs are produced or marketed, and includes all buildings and land occupied or used in the production or marketing of hogs;

(d) “farm unit registration number” means a number allocated by the Corporation to a producer or investor producer in respect of a farm unit for the purposes of identification of that farm unit and the producer or investor producer;

(e) “feeder” means a hog, other than a weaner, that is sold to a producer to be raised to slaughter weight by that producer;

(f) “hog” means a hog as defined in the Plan;

(f.1) “investor producer” means a person who owns hogs that are produced for that person by another producer or producers;

(g) “licence” means a licence issued or renewed by the Corporation under this Regulation;

(h) “marketing” means marketing as defined in the Plan;

(i) “Plan” means the Alberta Pork Producers’ Plan Regulation (AR 219/2001);

(j) “processor” means a person who slaughters hogs;

(k) “producer” means a producer as defined in the Plan;

(l) “weaner” means a hog that weighs less than 20 kg.

AR 285/96 s1;201/2004

Licence

2(1) No person shall

(a) assemble hogs except under the authority of a licence authorizing the assembly of hogs;

(b) transport hogs except under the authority of a licence authorizing the transport of hogs;

(2) A producer is not required to be licensed under subsection (1)(a) or (b) unless that producer is in the business of assembling or transporting or assembling and transporting hogs on behalf of another producer.

(3) A producer that buys hogs from another producer must hold a buyer’s licence unless the hogs bought are

(a) weaners or feeders that are bought by the producer for use in the production of hogs on that producer’s farm, or

(b) sows and boars that are used for breeding on that producer’s farm.

Licence application

3(1) A person may apply to the Corporation for one or more of the following licences:

(a) a licence to operate as an assembler of hogs;

(b) a licence to operate as a transporter of hogs;

(2) An applicant for a licence must provide to the Corporation the information required under Schedule 1.

(3) In addition to the information required under Schedule 1, the Corporation may require an applicant for a licence to provide any other information in relation to the activity for which the licence is being applied for that the Corporation considers necessary to determine whether a licence should be granted.

Multiple licences

4 Where a person carries out more than one activity for which different licences are required under this Regulation, that person must hold the different licences required for each of those activities.

Licence refusal

5 The Corporation may refuse to grant a licence to an applicant if

(a) the Corporation is not satisfied that the applicant will comply with

(i) the Act, the Plan or this or any other regulation applying to the applicant,

(ii) any orders or directions of the Council or the Corporation, or

(iii) any other statute, regulation or order applicable to the business in which the applicant is engaged,

(b) the applicant does not provide the information required under section 3.

Term of licence

6 A licence expires on December 31 next following the date on which the licence is issued or renewed.

Licence not transferable

7 A licence is not transferable.

Ability of licensee not warranted by Corporation

8(1) Even though the Corporation issues a licence to a person or renews the licence of a person, the Corporation does not warrant or endorse in any manner the ability of that person to carry out the activity for which the person is licensed.

(2) A person who is licensed shall not represent to any person that the Corporation warrants or endorses in any manner the ability of that person to carry out the activity for which the person is licensed.

Licence suspended, revoked, not renewed

9 The Corporation may suspend or revoke or refuse to renew any licence if in the opinion of the Corporation the holder of the licence or the applicant for renewal has failed to observe, perform or carry out the provisions of the Act, the Plan or any regulation or order or direction of the Council or the Corporation.

Notification of licence refusal

10 Where

(a) a person’s application for a licence is refused,

(b) a person’s licence is suspended or revoked, or

the Corporation shall forthwith notify the person of that fact.

Show cause respecting refusal of licence, etc.

11 Where

(a) a person’s application for a licence is refused,

(b) a person’s licence is suspended or revoked, or

that person is entitled to show cause to the Corporation as to why

(d) the licence should not be refused, suspended or revoked, or

(e) the renewal of it should not be refused.

Hog information

12(1) A licence holder must maintain a complete and accurate record of all matters relating to the activity authorized by the licence, including any of the following records and documents that are pertinent to the activity authorized by the licence:

(a) hog sales records showing

(i) the number of hogs sold;

(ii) the date of the sale;

(iii) the name of the purchaser;

(iv) the farm unit registration number for the farm at which the hogs were produced;

(b) hog purchase records showing

(i) the number of hogs purchased;

(ii) the name of the person from whom the hogs were purchased;

(iii) the name of the producer of the hogs;

(iv) the date of the purchase;

(v) the farm unit registration number for the farm at which the hogs were produced;

(2) A processor must maintain a complete and accurate record with respect to the following:

(a) the date on which hogs were slaughtered and the number of hogs slaughtered on that date;

(b) the name of the seller of each hog slaughtered;

(2.1) A processor who custom kills hogs shall, in addition to complying with section 13,

(a) complete a declaration in the form in Schedule 5 in respect of the custom kill, and

(b) forward the declaration to the Corporation in time to reach the Corporation by the 15th day of the month following the month in which the custom kill occurred.

(3) A person who is required to maintain records and documents, as the case may be, under this section must

(a) maintain those records and documents for not less than 3 years from the day that the record was made or the document was created, and

(b) make those records and documents available to the Corporation when requested to do so by the Corporation.

AR 285/96 s12;201/2004

Production certificates

12.1(1) Except where the Corporation has granted an exemption, every producer shall, with respect to each delivery by that producer of hogs to be sold, prepare a production certificate in writing signed by the producer or the producer’s agent certifying that the producer has followed the manufacturers’ instructions for all products containing one or more medicating feed ingredients, injectable medicants, water administrated medicants or other form of medical substances fed to, injected into or otherwise ingested by the hogs to be sold.

(2) A producer shall keep a production certificate referred to in subsection (1) for at least 12 months after the date of the sale and shall make the production certificate available to the board for inspection on request.

AR 160/2001 s2

Information to be submitted

13(1) A person who at anytime during a month sells, transports, assembles, buys or processes hogs must submit the information required under Schedule 2 to the Corporation by the 15th of the next month.

(2) A person submitting information to the Corporation under subsection (1) may submit the information to the Corporation

(a) by ordinary mail, or

(b) by any other means that is approved of by the Corporation.

AR 285/96 s13;271/2002

Farm unit registration

14(1) A person who

(a) is producing hogs or who intends to produce hogs, or

(b) is producing and marketing hogs or intends to produce and market hogs

must apply to the Corporation for a farm unit registration number for each farm unit at which the person produces or produces and markets or intends to produce or produce and market hogs.

(2) An investor producer who markets or intends to market hogs produced by another producer or producers must apply to the Corporation for a farm unit registration number.

(3) An application under this section must provide the information specified by the Corporation that the Corporation considers necessary for the purposes of the Plan, this Regulation and any other regulation made under the Act in respect of the Corporation.

(4) On receipt of a complete application the Corporation shall allocate the appropriate farm unit registration number to the applicant.

(5) No fee is payable in respect of an application under this section.

(6) A person who is allocated a farm unit registration number under this section must forthwith notify the Corporation of any changes to the information provided in the application pursuant to which the farm unit registration number was allocated.

AR 285/96 s14;201/2004

Records

14.1 The Corporation shall maintain a register containing information provided to the Corporation under section 14.

AR 201/2004 s5

Prohibition re farm unit registration number

15(1) No person shall produce or market hogs unless the person has been allocated the appropriate farm unit registration number by the Corporation.

(2) A producer who markets hogs shall, at the time of marketing, provide to the person assembling, transporting, buying, processing or receiving the hogs

(a) the farm unit registration number of the farm unit at which the hogs were produced, and

(b) if the producer is an investor producer, the investor producer’s farm unit registration number.

(3) A person shall not assemble, transport, buy, process or receive hogs produced in Alberta unless

(a) the hogs were produced and marketed by a person who has been allocated the appropriate farm unit registration number by the Corporation, and

(b) the appropriate farm unit registration numbers referred to in subsection (2) are recorded by the person who assembles, transports, buys, processes or receives the hogs.

AR 285/96 s15;201/2004

Confidentiality

16(1) The information obtained by the Corporation under sections 3(2) and (3), 12 and 13 shall be held in confidence and used only for the purposes of ensuring compliance with

(a) this and other regulations made under the Act in respect of the Plan, and

(b) the Hog Order made under the Agricultural Products Marketing Act (Canada).

(2) The Corporation shall institute a system to preserve the confidentiality of the information referred to in subsection (1) that is received by the Corporation.

General service charge

17(1) A service charge of $1.00 shall be paid to the Corporation by a producer for each hog sold by the producer.

(2) A service charge is not payable on sales of

(a) feeders or weaners that are used in the production of hogs on a producer’s farm, or

(b) sows and boars that are used for breeding on a producer’s farm,

until those hogs are slaughtered or sold for slaughter.

(3) If a producer slaughters a hog or causes a hog to be slaughtered without selling the hog to another person, that producer is deemed to have sold the hog on the date of slaughter, and the service charge referred to in subsection (1) is payable by the producer in respect of that hog.

(4) Repealed AR 201/2004 s7.

AR 285/96 s17;201/2004

Deduction of service charge

18(1) A person who buys a hog from a producer shall

(a) deduct the service charge from the purchase price payable to that producer,

(b) account for the service charge by providing the information required under Schedule 4, and

(c) forward the service charge and the information required under Schedule 4 to the Corporation in time for that service charge and the information to reach the Corporation by the 15th of the month following the month in which the service charge was deducted.

(2) If a buyer who buys hogs from a producer fails to deduct the service charge from the sale proceeds as required under subsection (1), the buyer and the producer are jointly and severally liable to the Corporation for the payment of the service charge.

(3) Subject to subsection (4.1), if a processor slaughters a hog for which no service charge has been deducted as required under this Regulation, the processor must deduct the service charge from any proceeds payable in respect of the hog and forward the service charge to the Corporation in accordance with subsection (1)(c).

(4) If the processor fails to forward the service charge to the Corporation in accordance with subsection (3), the processor and the producer are jointly and severally liable to the Corporation for the payment of the service charge.

(4.1) If a processor custom kills hogs and collects from the producer the service charge that the producer is liable to pay under section 17(3), the processor shall forward the service charge to the Corporation together with a declaration in the form in Schedule 5.

(4.2) If a producer for whom hogs are custom killed does not submit the service charge to the Corporation as required by section 17(3) and the processor who custom killed the hogs does not submit a declaration in the form in Schedule 5 to the Corporation as required by this Regulation, the processor is liable to the Corporation for the payment of the service charge.

(5) Where a person holds funds that were deducted as a service charge and that are held in trust by that person for the Corporation by virtue of section 31 of the Act, that person must deposit and hold those funds in a separate trust account maintained by that person for the purpose of holding funds deducted as service charges.

AR 285/96 s18;271/2002;201/2004

Debt to the Corporation

19 A service charge that is payable under this Regulation is a debt due to the Corporation and may be recovered by the Corporation by a civil action for debt.

Use of service charge

20 The Corporation may use the service charges that are payable under this Regulation for the purpose of paying the Corporation’s expenses and administering the Plan and the regulations made by the Corporation.

AR 285/96 s20;244/2001

Transitional re licences

21 A person who holds a licence under the Hog Marketing Regulation (Alta. Reg. 242/87) immediately before the coming into force of this Regulation is deemed to hold the same licence as if issued under this Regulation.

Expiry

22 For the purposes of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on September 30, 2012.

AR 285/96 s22;244/2001;24/2007

Coming into force

23 This Regulation comes into force on December 2, 1996.

Schedule 1

Licence Application

1. Type of licence for which application is made:

Assembler □

Transporter □

Buyer, including processor □

2. Name of Applicant:

3. Mailing Address:

4. Registered Office:
(for incorporated applicants)

5. Phone Number:

6. Facsimile Number:

7. Location where the licenced activity will take place:

8. Location where records relating to the activity under the licence will be kept:

(Note: For 7 and 8, identify each location by land description and municipal address. If there is more than one location, list each.)

9. If trucks are to be used in conducting the activity, list the make, year, vehicle identification number and licence number for each truck that will be used:

10. Do you hold a licence issued under the Livestock Identification and Commerce Act?:

Yes Describe the type of licence held under the Livestock Identification and Commerce Act:

(Check one)

11. Signature of the Applicant (or authorized representative):

12. Date:

AR 285/96 Sched.1;8/2005;244/2008

Schedule 2

A person who sells, transports, assembles, buys or slaughters a hog must provide the information applicable to that activity required by this Schedule regarding the hogs sold, transported, assembled, bought or slaughtered, as the case may be.

A. Information Required To Be Provided By A Person Who Sells Hogs.

1. Seller’s Name:

2. Seller’s Farm Unit Registration Number:

3. Is Seller the Producer of the hogs? Yes____ No____

4. If No,

(a) name and address of Producer:________

(b) Farm Unit Registration Number of the Producer:_____________

5. Date of sale:

6. Number of hogs sold:

7. Tattoo numbers on hogs sold:

8. Purchaser’s Name:

9. Signature of Seller or Seller’s authorized agent and certificate that the information provided is true and correct:

B. Information Required To Be Provided By A Person Who Transports Hogs.

1. Transporter’s Name:

2. Transporter Licence Number:

3. Truck Licence Number:

4. Date hogs were transported:

5. Location where hogs were picked up:

6. Location where hogs were delivered:

7. Name of Producer of the hogs:

8. Producer Registration Number of producer of the hogs:

9. Tattoo number of hogs:

10. Number of hogs picked up:

11. Signature of Transporter or the Transporter’s authorized agent and certification that the information provided is true and correct:

C. Information Required To Be Provided By An Assembler.

1. Assembler’s Name:

2. Assembler Licence Number:

3. Date hogs were assembled:

4. Tattoo numbers of hogs:

5. Name of Producer of assembled hogs:

6. Producer Registration Number of Producer:

7. Number of hogs assembled:

8. Date the hogs left the Assembler’s possession:

9. The person to whom the hogs were delivered:

10. Signature of Assembler or Assembler’s authorized agent and certification that the information provided is true and correct:

D. Information To Be Provided By A Person That Buys Hogs.

1. Buyer’s Name:

2. Buyer’s Licence Number:

3. Date hogs were bought:

4. Name of Producer of hogs:

5. Producer Registration Number of Producer of hogs:

6. Tattoo numbers of hogs:

7. Is Buyer a Processor? Yes_______ No_______

8. If No, name and address of person to whom the Buyer delivered the hogs:

9. Signature of Buyer or Buyer’s authorized agent and certification that the information provided is true and correct:

E. Information To Be Provided By A Person That Slaughters Hogs.

1. Processor’s Name:

2. Processor’s Address:

3. Name of Producer that produced the slaughtered hog:

4. Farm Unit Registration Number of the Producer referred to in #3 above:

5. Tattoo number on the slaughtered hogs:

6. Date the hogs were delivered to the Processor:

7. Date the hogs were slaughtered:

8. Signature of Processor or authorized agent of the Processor and certification that the information provided is true and correct:

AR 285/96 Sched.2;201/2004

Schedule 3 Repealed AR 201/2004 s10

Schedule 4

A Buyer under Section 18(1) or a Processor under Section 18(3) must provide the following information for each hog bought or slaughtered, as the case may be:

1. Buyer’s Name:

2. Producer’s Name:

3. Farm Unit Registration Number of producer:

4. Date of purchase:

5. Number of hogs purchased:

6. Amount of service charge deducted:

7. Date service charge deducted:

8. Name and address of financial institution that held the service charge before it was remitted to the APPDC:

Schedule 5

Declaration Regarding Custom Kill

1. On (insert date) , (insert number) hogs were custom killed for (insert producer’s name and address) .

2. The farm unit registration number of the farm unit where the hogs were produced is (insert farm unit registration number) .

3. Service charges in the amount of are included with this return:

(a) yes, as authorized by the producer;

(b) no.

(processor name)

(date of processing)

AR 201/2004 s11

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