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Copyright 2009: Queens Printer,

St. John's, Newfoundland and Labrador, Canada

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NEWFOUNDLAND

AND

LABRADOR

REGULATION 58/09

Assessment of Over-Marketing Regulations, 2009

under the

Newfoundland

and

Labrador

Chicken Marketing Scheme

and

Natural Products Marketing Act

(Filed

July 15, 2009

Under the authority of the powers conferred by subparagraph 5(1 )(

b)(xi) and

section 6 of the Newfoundland and Labrador Chicken Marketing Scheme

, and the Natural Products Marketing Act

, the Chicken Farmers of Newfoundland and

Labrador

makes the following regulations.

Dated at

St. Johns

July 9, 2009

Ron Walsh, Secretary Manager

Chicken Farmers of

Newfoundland

and

Labrador

REGULATIONS

Analysis

Short title

Definitions

Over-marketing by producer

Payment of charges

Repeal

Short title

These regulations may be cited as the

Assessment of Over-Marketing Regulations, 2009

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Definitions

In these regulations

(a)

"A-92" means an 8 week production period from

June 21, 2009

August 15, 2009

inclusive;

(b)

"A-93" means an 8 week production period from

August 16, 2009

October 10, 2009

inclusive;

(c)

"audit period" means 2 consecutive production periods, beginning with periods A-92 and A-93, and every subsequent consecutive 2 production periods after that;

(d)

" contract

grower" means a person who enters into an agreement with a producer who holds a production licence to raise and grow chicken for marketing to that production licence holder;

(e)

"production licence" means a licence issued by the commodity board to a producer with the assent of the minister authorizing the producer to engage in the raising and growing of a specified amount of quota in the province for commercial use, or to enter into an agreement with a contract grower to produce the same; and

(f)

" production

period" means a period during which chicken produced in the province is authorized to be marketed.

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Over-marketing by producer

A producer who markets in excess of 102% of the number of kilograms, live weight, of chicken indicated on that producers production licences for an audit period shall

(

a) in the year immediately following the year of over-marketing have the production quota indicated on that producers production licences reduced by one kilogram, live weight, for every kilogram of chicken, live weight, over-marketed by that producer in the previous year; and

(

b) addition to the fees, levies or charges previously imposed under the Newfoundland and Labrador Chicken Marketing Scheme

, pay to the commodity board

(

i) a charge of $0.44 for each kilogram marketed by the producer in the audit period in excess of 102% of the number of kilograms, live weight, of chicken indicated on that producers production licences, and

(ii)

additional charge of $0.44 for each kilogram marketed by the producer in the audit period in excess of 104% of the number of kilograms, live weight, of chicken indicated on that producers production licences.

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Payment of charges

A producer shall pay to the commodity board at its office charges payable by the producer under paragraph 3(

b) not later than March 15 in the year immediately following the year of over-marketing.

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Repeal

The

Assessment of Over-Marketing Regulations

, Consolidated Newfoundland and Labrador Regulation 1171/96, are repealed.

Earl G. Tucker, Queen's Printer