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"Point in Time" Regulation Content

Agricultural Produce Grading Act

Fruit and Vegetable Regulation

B.C. Reg. 100/78

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Regulation January 1, 2017
Section 4 June 18, 2014
Section 6 June 18, 2014
Section 7 June 18, 2014

 Regulation BEFORE repealed by BC Reg 306/2016, effective January 1, 2017.

B.C. Reg. 100/78
O.C. 533/78
Filed March 13, 1978

Agricultural Produce Grading Act

Fruit and Vegetable Regulation

[includes amendments up to B.C. Reg. 112/2014, June 18, 2014]

Application of standards

1   Except as modified by this regulation the grading of fruits and vegetables by numbered British Columbia grades shall be done by applying the standards for the corresponding numbered or named Canada grades, imposed by the Canada Agricultural Products Act and the regulations under it.

[am. B.C. Regs. 504/82, s. 1; 258/95, s. 1.]

Onions

2   B.C. No. 1 Small onions shall be not less than 30 mm nor more than 55 mm in diameter and shall conform with the requirements for Canada No. 1 onions.

Rutabagas

3   (1) B.C. No. 2 rutabagas shall,

(a) have similar varietal characteristics,

(b) be firm,

(c) be reasonably regular in contour with a length not exceeding 2 times their diameter,

(d) be trimmed so that

(i) the tops do not exceed 18 mm and all green, leafy growth has been removed, and

(ii) secondary roots, rootlets and parts of the root that are inedible have been removed,

(e) not be trimmed

(i) more than 5 mm into the shoulder, or

(ii) deeply into the flesh of the root so as to alter the general shape of the root or seriously detract from the appearance of the rutabaga,

(f) be free from insects and insect larvae,

(g) be free from decay,

(h) be free from substantial damage,

(i) when packaged for retail distribution, be not less than 75 mm nor more than 150 mm in diameter unless the minimum and maximum diameters are marked on the package or on a tag attached to the package, and

(j) be properly packed so as to prevent damage during shipment.

(2) Notwithstanding subsection (1), in the grading of B.C. No. 2 rutabagas

(a) 10% of the rutabagas by count may be less than, and 10% by count may be more than, the minimum and maximum diameters required by subsection (1) (i) or marked on the package pursuant to subsection (1) (i),

(b) 5% of the rutabagas by count may be affected by decay, and

(c) 10% of the rutabagas by count may have grade defects in addition to those referred to in paragraph (a) but including those referred to in paragraph (b).

(3) In this section, "free from substantial damage" means

(a) no external injury or defect that affects 25% or more of the surface area of a rutabaga, or

(b) no injury or defect or combination of them that, if removed, would result in a waste of more than 15% of the rutabaga.

Potatoes

4   B.C. No. 1 and No. 2 potatoes shall conform with the requirements for Canada No. 1 and No. 2 potatoes respectively, except that B.C. No. 1 Small potatoes shall have a minimum diameter of one inch and a maximum diameter of 2 1/4 inches.

[en. B.C. Reg. 112/2014, App. s. 2 (a).]

Retailing of defective produce

5   (1) The owner of a retail establishment shall not sell produce where, in addition to other defects allowed under this regulation,

(a) 5% of the produce has condition defects,

(b) in the case of produce other than potatoes, 2% or more of the produce is decayed, or

(c) in the case of potatoes, 1% or more of the potatoes is decayed.

(2) A percentage under this section shall be calculated for a particular fruit or vegetable in the same manner as is specified for calculating defects for that fruit or vegetable in the Canada Agricultural Products Act and the regulations made under it.

[en. B.C. Reg. 504/82, s. 2; am. B.C. Reg. 258/95, s. 1.]

Shipment, sale, etc. of defective produce

6   No person shall offer or accept for shipment, or ship, transport, have in his or her possession for sale, offer for sale or sell produce that is below the minimum grade for that produce except to a person engaged in the operation of a manufacturing or processing plant, or for livestock feeding purposes.

[am. B.C. Regs. 504/82, s. 3; 112/2014, App. s. 2 (b).]

Advertising

7   Where a person advertises produce to the public and specifies a price, he or she shall, in the advertisement, specify the measure, weight or size of the package, the grade and, if the produce is imported, the country of origin.

[en. B.C. Reg. 504/82, s. 4; am. B.C. Reg. 112/2014, App. s. 2 (c).]

Controlled atmosphere storage

8   (1) In this section:

"controlled atmosphere apples or pears" means apples or pears stored in a controlled atmosphere storage room for a period of time specified in subsection (4) or section 8.2;

"controlled atmosphere storage conditions" means an atmosphere containing an oxygen concentration of 5% or less;

"controlled atmosphere storage facility" means premises constructed and equipped for the cold storage of apples or pears in sealed rooms within which the oxygen content of the air is controlled;

"operator" means a person in charge of a controlled atmosphere storage facility.

(2) No person selling apples or pears shall represent the apples or pears to be controlled atmosphere apples or pears unless they have been stored in a controlled atmosphere storage room in accordance with this regulation.

(3) No person shall engage in the operation of a controlled atmosphere storage facility unless the facility has been inspected by an inspector, has received an official number and is operated in accordance with this regulation.

(4) The operator of a controlled atmosphere storage facility shall

(a) control the oxygen content of the atmosphere in each sealed room so as not to exceed 5% within 20 days after the date of sealing the room and during the remainder of the storage period,

(b) maintain the controlled atmosphere storage conditions required under paragraph (a) for the following periods:

(i) for Gala, Jonagold and Ambrosia apples, not less than 45 days;

(ii) for other apples, not less than 60 days;

(iii) for Bartlett and Bosc pears, not less than 45 days;

(iv) for Anjous and other winter pears, not less than 60 days,

(c) maintain an accurate daily record in respect of the atmospheric conditions in each room,

(d) maintain a record of the variety and quantity of apples or pears in each storage room,

(e) permit an inspector to inspect at any reasonable time the records referred to in this subsection,

(f) not later than 7 days after completion of the storage period referred to in paragraph (b), submit a report to the Canadian Food Inspection Agency showing the storage room number, variety and quantity in storage, date of commencement of storage, date of sealing and date of reduction of the oxygen content to controlled atmosphere storage conditions in that room, the date a sealed room is opened under section 8.1, the date it is resealed and the date the oxygen content is restored to the controlled atmosphere storage conditions, and

(g) mark plainly, in letters and figures not less than 5 mm in height, on each container of controlled atmosphere apples or pears the words

(i) "controlled atmosphere apples" or "C.A. Apples", or

(ii) "controlled atmosphere pears" or "C.A. Pears"

and the official number in section 8 (3) before offering for sale the apples or pears in the container.

[en. B.C. Reg. 258/95, s. 2; am. B.C. Regs. 298/99, ss. (a) and (b); 88/2002.]

Opening of controlled atmosphere storage

8.1   (1) Despite section 8 (4) (a) and (b) an operator of a controlled atmosphere storage facility may open a sealed storage room once during the storage period established under section 8 (4) (b), in accordance with section 8.2, to make repairs or to remove apples or pears.

(2) An operator shall not open a sealed storage room more than once during the storage period.

[en. B.C. Reg. 258/95, s. 3.]

Steps to take if controlled atmosphere storage is breached

8.2   If an operator opens under section 8.1 a sealed room that has reached controlled atmosphere storage conditions

(a) the operator shall ensure that the oxygen content of the atmosphere is restored to controlled atmosphere conditions within 7 days after the room is opened,

(b) once conditions are reestablished, the operator shall ensure that the storage periods in section 8 (4) (b) are extended from the time of first reaching controlled atmosphere storage conditions as follows:

(i) for Gala, Jonagold and Ambrosia apples, to not less than 52 days;

(ii) for other apples, to not less than 67 days;

(iii) for Bartlett and Bosc pears, to not less than 52 days;

(iv) for Anjous and other winter pears, to not less than 67 days,

(c) the operator shall ensure that no apples or pears are added to the room,

(d) the operator shall notify an inspector at least 24 hours before the opening that the room will be opened for removal of apples or pears, and

(e) the operator shall notify an inspector, within 48 hours after an opening to make repairs, that the room has been opened.

[en. B.C. Reg. 258/95, s. 4; am. B.C. Regs. 298/99, s. (c); 88/2002.]

Offence

9   A person who contravenes section 7, 8 (2), (3) or (4), 8.1 (2) or 8.2 commits an offence and is liable, on conviction, to a fine of not more than $2 000 or to imprisonment for not more than 6 months, or to both.

[en. B.C. Reg. 247/93, s. 3.]

[Provisions of the Agricultural Produce Grading Act, R.S.B.C. 1996, c. 11, relevant to the enactment of this regulation: section 14]

 Section 4 BEFORE re-enacted by BC Reg 112/2014, effective June 18, 2014.

Potatoes

4   (1) Subject to subsections (2) and (3), B.C. No. 1 and No. 2 potatoes shall conform with the requirements for Canada No. 1 and No. 2 potatoes respectively and shall, except in the case of B.C. No. 1 Small potatoes, be sold in bags or cartons of 6.81 kg.

(2) B.C. No. 1 Small potatoes is the name for potatoes that conform to the requirements of Canada No. 1 Small grade except as permitted under subsection (3).

(3) B.C. No. 1 Small potatoes shall be graded by applying the standards for Canada No. 1 Small grade imposed by the Canada Agricultural Products Act and the regulations under it, except that

(a) the minimum diameter of the potatoes shall be 1 inch and the maximum diameter 2 1/4 inches, and

(b) the potatoes shall not be required to comply with section 61 (1) (d), (e) and (i) of Schedule I, Table II, Grade Standards for Fresh Vegetables, of the Fresh Fruit and Vegetable Regulations, Consolidated Regulations of Canada, 1978, c. 285, made under the Canada Agricultural Products Act.

[am. B.C. Regs. 143/86; 258/95, s. 1.]

 Section 6 BEFORE amended by BC Reg 112/2014, effective June 18, 2014.

Shipment, sale, etc. of defective produce

6   No person shall offer or accept for shipment, or ship, transport, have in his possession for sale, offer for sale or sell produce that is below the minimum grade for that produce except to a person engaged in the operation of a manufacturing or processing plant, or for livestock feeding purposes.

[am. B.C. Reg. 504/82, s. 3.]

 Section 7 BEFORE amended by BC Reg 112/2014, effective June 18, 2014.

Advertising

7   Where a person advertises produce to the public and specifies a price, he shall, in the advertisement, specify the measure, weight or size of the package, the grade and, if the produce is imported, the country of origin.

[en. B.C. Reg. 504/82, s. 4.]