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Nova Scotia Egg Producers’ Pullet Regulations
made under subsection 9(1) and clause 11(d) of the
Natural Products Act
R.S.N.S. 1989, c. 308
O.I.C. 86-733 (July 2, 1986), N.S. Reg. 145/86
as amended up to N.S. Reg. 62/2014 (April 7, 2014, effective April 11, 2014)
1.01 (a) In these regulations, unless the context otherwise requires, the words or terms defined in Section 2 of the Nova Scotia Egg Producers’ Marketing Plan shall have the meanings ascribed to them there, except that for the purposes of these Pullet Regulations, the term “quota holder” shall mean a producer who holds a quota issued by the Commodity Board for the production or marketing of pullets evidenced by a valid and current quota certificate issued by the Commodity Board.
Clause 1.01(a) amended: O.I.C. 2001-321, N.S. Reg. 85/2001.
(b) In these regulations unless the context otherwise requires,
(i) “commercial quota” means a quota issued by the Commodity Board which entitles the holder thereof to produce pullets for the purpose of marketing and thereafter to market the pullets so produced. A producer to whom a valid and current commercial quota has been issued by the Commodity Board shall be referred to as a “commercial quota holder”;
(ii) “non-commercial quota” means a quota issued by the Commodity Board which entitles the holder thereof to produce pullets for his own use only. A producer to whom a valid and current non-commercial quota has been issued by the Commodity Board shall be referred to as a “non-commercial quota holder”;
(iii) “quota” means either a commercial quota or non-commercial quota.
1.02 (a) Everyone who produces more than two hundred (200) pullets in any calendar year, unless he is either a commercial quota holder or a non-commercial quota holder, is guilty of a violation of this regulation and the Plan.
Clause 1.02(a) amended: N.S. Reg. 62/2014.
(b) Everyone who produces and markets more than two hundred (200) pullets in any calendar year, unless he is a commercial quota holder, is guilty of a violation of this regulation and the Plan.
Clause 1.02(b) amended: N.S. Reg. 62/2014.
1.03 (a) Every commercial quota holder who produces more pullets in a calendar year than permitted by his quota and any special commercial permits issued to him for that calendar year pursuant to Section 1.04 or Section 1.05 hereof shall be subject to an over-quota penalty of one dollar ($1.00) per pullet overproduced.
(b) Every non-commercial quota holder who produces more pullets in a calendar year than permitted by his quota shall be subject to an over-quota penalty of one dollar ($1.00) per pullet overproduced.
(c) Notwithstanding subsections (a) and (b) hereof, no quota holder shall be liable to an over-quota penalty if his overproduction results solely from the fact that he had three pullet flocks in the calendar year and if each of the three flocks were approximately equal to the other two.
1.04 The Commodity Board shall issue commercial quotas and non-commercial quotas on the basis of its records relating to the “pullet quotas” which were previously issued in the year 1972 pursuant to Section 3(f) of the Plan with such modifications by transfer, further issuance of quota, cancellation of quota or otherwise as may have been approved by the Commodity Board since that time.
1.05 After quota is issued in accordance with Section 1.04, the Commodity Board may issue further quota on the basis of its determination of the needs of the egg and pullet industry as a whole.
1.06 (a) A quota holder who does not make use of at least eighty percent (80%) of his quota in any calendar year shall be required to state his intentions to the Commodity Board with respect to the use of his quota for the following calendar year.
(b) Subject to [sub]section (c) hereof, the quota of any producer who does not make use of at least eighty percent (80%) of his quota for any two (2) consecutive calendar years shall be reduced to the level of his production in whichever of the two years he had the higher production.
(c) A producer may, upon application to the Commodity Board no later than thirty (30) days after being notified of a quota reduction under this Section, be exempted from a quota reduction if the Commodity Board is satisfied that his quota should not be reduced because of exceptional circumstances. Such an application shall be in writing and shall state the exceptional circumstances in relation to which relief from quota reduction is requested.
1.07 (a) Quota is issued by the Commodity Board in relation to the facilities of a producer as shown to the Commodity Board at the time the Certificate of Quota is issued and is not transferrable to other facilities of the producer without the approval of the Commodity Board.
(b) Similarly, quota is issued by the Commodity Board to the producer named in the Certificate of Quota and is not transferrable to another producer, even should he acquire the same facilities, without the approval of the Commodity Board.
(c) A commercial quota holder who wishes to sell or otherwise transfer all or any part of his commercial quota without facilities shall apply to the Commodity Board for approval stating the amount of quota to be transferred and the address or location of the facilities to which the transfer is proposed and no sale or transfer of such quota shall be valid unless it is first approved in writing by the Commodity Board.
(d) Where commercial quota is transferred pursuant to subsection (c) hereof to an egg producer, the commercial quota so transferred shall become non-commercial pullet quota and shall be issued by the Commodity Board as such and such quota shall not thereafter be used as commercial quota.
Subsections 1.07(c) and (d) replaced: O.I.C. 89-835, N.S. Reg. 143/89.
1.08 No producer, whether he be a commercial quota holder, a non-commercial quota holder or a person to whom a special commercial permit has been issued pursuant to Section 1.05 hereof, shall raise pullets until he has first obtained from the Commodity Board a Chick Placement Permit approved by the Commodity Board for the number of pullets which he proposes to raise.
1.09 Everyone engaged in the production or marketing of pullets shall, upon request by the Commodity Board, furnish to the Commodity Board or any duly authorized agent of the Commodity Board for that purpose, any information relating to his production, raising, transporting and marketing of pullets as may be required.
1.10 Every commercial quota holder and non-commercial quota holder shall pay to the Commodity Board a licence fee of one and one-half cents (1 1/2¢) per pullet produced.
Note: “quota-holder” replaced with “quota holder”: O.I.C. 2001-321, N.S. Reg. 85/2001.