Hatching Egg Farmers of Nova Scotia Regulations
made under Section 9 of the
Natural Products Act
R.S.N.S. 1989, c. 308
N.S. Reg. 124/2023 (effective August 1, 2023)
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Interpretation
Hatching egg farmers to be registered
Form of application
Application information
Proof of registration
Request to appeal to Council
Records
Hatchery report
Levies
Citation
1 These regulations may be cited as the Hatching Egg Farmers of Nova Scotia
Regulations.
Interpretation
2 In these regulations,
“Act” means the Natural Products Act;
“chick” means a broiler chick hatched from a hatching egg that has been marketed
to a hatchery, from the time it is hatched until the time it is marketed to a broiler
chicken producer for broiler chicken production;
“flock” means any group of breeder hens housed in a producer’s facilities that are
being used by the producer for the production of hatching eggs at the same or
approximately the same time;
“grow farm” means a farm supplying breeder hens to a hatching egg producer;
“placement” means the transfer of breeder hens into a hatching egg production
facility;
“Plan” means the Hatching Egg Farmers of Nova Scotia Marketing Plan;
“premises” means a parcel of land and the buildings on it;
“production area” means the portion of the production facility where the breeder
hens are producing hatching eggs;
“production facility” means the building used by a person for hatching egg
production; and
“salable chick” means a hatching egg that has been incubated, hatched and
determined by the hatchery to be of a quality to be sold.
Hatching egg farmers to be registered
3 (1) A person must not produce hatching eggs unless that person is registered as a
producer with the Commodity Board.
(2) Despite subsection (1), the production of up to 250 hatching eggs per premises per
calendar year is exempt from registration.
Form of application
4 An application for registration as a producer must be made in writing and in the form
prescribed by the Commodity Board.
Application information
5 (1) An application for registration must be completed annually and must include all of
the following information:
(a) the type of application, as one of the following:
(i) new registration,
(ii) renewal of registration;
(b) the date of application;
(c) the name and civic address of the applicant;
(d) the location and a description of each of the applicant’s production facilities
including Parcel Identification Number and GPS coordinates;
(e) the number of hatching eggs produced in each production facility in the
previous calendar year;
(f) the size of the production area in each production facility;
(g) placement records for each flock, including date of placement and number
of breeder hens placed;
(h) a copy of the applicant’s agreement with a hatchery to incubate the
producers’ hatching eggs;
(i) the applicant’s mailing address, if different than civic address;
(j) the applicant’s telephone number;
(k) the applicant’s email address, if any.
(2) Upon review of an application, the Commodity Board may request, and if
requested, the applicant must provide to the Commodity Board, information
regarding the applicant’s experience, equipment, biosecurity or financial ability.
Proof of registration
6 (1) The Commodity Board must register or refuse to register an applicant within 90
days of the date of receipt of the application by the Commodity Board.
(2) The Commodity Board may refuse to register, or refuse to renew the registration
of, an applicant for any or all of the following reasons:
(a) the application does not include all required information and all applicable
fees;
(b) the applicant has outstanding levy fees;
(c) the applicant fails to comply with the Act, these regulations, or any other
regulations made by the Commodity Board, or any policy, order or direction
of the Commodity Board.
Request to appeal to Council
7 (1) An applicant who is affected by a decision of the Commodity Board under Section
6 may appeal to the Council.
(2) A request for appeal must be submitted in writing to the Council no later than 30
days after the date the decision was made by the Commodity Board.
(3) A request for appeal must be made in the form and manner required by Council
and include the following information:
(a) the decision of the Commodity Board;
(b) the date of the decision by the Commodity Board;
(c) the grounds for the appeal.
Records
8 (1) Every month, each registered producer must keep and submit to the Commodity
Board, for the previous month, a production and marketing report for the registered
producer’s production.
(2) The production and marketing report must be on a form prescribed by the
Commodity Board and include the following information:
(a) placement records for each flock, including date of placement and number
of breeder hens placed;
(b) invoices from grow farms for the number of breeder hens;
(c) flock production records;
(d) any other information required by the Commodity Board.
(3) The Commodity Board may review the records of a producer to verify any
information included in a production and marketing record, and the producer must
ensure that records are properly maintained for at least 18 months.
Hatchery report
9 (1) A hatchery operator must send the Commodity Board a hatchery report no later
than 10 days after the end of each month.
(2) A hatchery report under subsection (1) must include all of the following
information:
(a) the name and address of each registered producer from whom it received
hatching eggs in that month;
(b) the number of hatching eggs received from each registered producer;
(c) the number of hatching eggs set;
(d) the number of hatching eggs set that were transferred from another hatchery
in Nova Scotia;
(e) the number of hatching eggs set that were acquired from outside Nova
Scotia;
(f) the number of hatching eggs on hand at the end of the month, not including
hatching eggs in incubators;
(g) the number of hatching eggs produced in Nova Scotia and shipped to
destinations outside of Nova Scotia during that month;
(h) any other information as may be required by the Commodity Board.
Levies
10 (1) Each registered producer must pay to the Commodity Board a levy, on a quarterly
basis, of $0.004 for each hatching egg produced in the Province that results in a
salable chick that is marketed by the producer.
(2) The schedule for the quarterly payments of levies required by subsection (1) is as
set out in the following table:
Quarter
|
Time Frame
|
Deadline for Levy Payment
|
Q1
|
January - March
|
April 20
|
Q2
|
April - June
|
July 20
|
Q3
|
July - September
|
October 20
|
Q4
|
October - December
|
January 20
|
(3) If the Commodity Board has not received a levy payment by the deadline in
subsection (2), the Commodity Board may cancel the producer’s registration.
The following regulations are not
yet in force and are not included in the current consolidation: