Acts and Regulations

2011-8 - Potato Disease Eradication Act

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NEW BRUNSWICK
REGULATION 2011-8
under the
Potato Disease Eradication Act
(O.C. 2011-64)
Filed March 17, 2011
1New Brunswick Regulation 82-70 under the Potato Disease Eradication Act is amended by adding after section 2 the following:
2.1(1)The advisory council established under section 2.1 of the Act shall make recommendations to the Minister in writing.
2.1(2)The Minister shall appoint four members to the advisory council, consisting of one representative from each of the following:
(a) Potatoes New Brunswick;
(b) New Brunswick Seed Potato Growers Association;
(c) New Brunswick Potato Shippers Association; and
(d) a potato processing company incorporated under an Act of the Province.
2.1(3)The Minister shall appoint two of the advisory council’s members as chair and vice-chair.
2.1(4)Members of the advisory council shall be appointed for a term of three years, but for the purposes of the first advisory council, the chair and vice-chair shall be appointed for a term of three years each and the remaining two members for a term of two years each.
2.1(5)A member of the advisory council shall remain in office, despite subsection (4), until the member resigns or is reappointed or replaced.
2.1(6)When a vacancy occurs on the advisory council, subject to subsection (2), the Minister may appoint a person to fill the vacancy for the balance of the term of the member replaced.
2.1(7)The Minister may, in the case of the temporary absence, illness or incapacity to act of any member of the advisory council, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.
2.1(8)A vacancy on the advisory council does not impair the capacity of the advisory council to act.
2.1(9)The advisory council shall meet at least once each year.
2.1(10)The vice-chair shall act if the chair is unable to act.
2.1(11)Members of the advisory council may be reimbursed for the necessary expenses they incur for the purpose of attending meetings of the advisory council.
2Section 23.1 of the Regulation is amended by striking out “producer” and substituting “seed producer”.
3Paragraph 23.2e) of the French version of the Regulation is amended by striking out “source” and substituting “variété”.
4Paragraph 23.3(b) of the English version of the Regulation is amended by striking out “grower’s” and substituting “producer’s”.
5The Regulation is amended by adding after section 23.3 the following:
23.4(1)Every producer who plants potatoes on more than 1.5 hectares of land shall provide the following information on the form provided by the Minister:
(a) seed potato supplier, cultivar, class, amount of seed potatoes planted by the producer and the certification numbers of those seed potatoes;
(b) the results of the post-harvest tests;
(c) the number of hectares of each variety of potatoes planted by the producer;
(d) the location of each potato planting planted by the producer;
(e) the spacing between cut-seed pieces in all potato plantings referred to in paragraph (d); and
(f) the average cut-seed piece size used in each identified seed lot planted by the producer.
23.4(2)The form referred to in subsection (1) shall be signed by the producer and witnessed by one other person.
23.4(3)The form referred to in subsection (1) shall be returned to the Minister by June 30 of the year in which the producer plants the potatoes referred to in the form.
23.5Seed potato producers whose seed potatoes are tested at an accredited laboratory in the Province shall provide the results of the post-harvest tests to the Minister before February 15 of the year in which those seed potatoes are to be planted in the Province.
6Schedule A of the Regulation is amended
(a) in paragraph 1(d), by repealing the portion before subparagraph (i) and substituting the following:
(d) to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 2.2 of the Act except if the seed potatoes are:
(b) in paragraph 2(e), by repealing the portion before subparagraph (i) and substituting the following:
(e) to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 2.2 of the Act except if the seed potatoes are:
(c) in paragraph 3(d), by repealing the portion before subparagraph (i) and substituting the following:
(d) to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 2.2 of the Act except if the seed potatoes are: