Acts and Regulations

84-158 - Christmas Trees

Table of contents
Full text
NEW BRUNSWICK
REGULATION 84-158
under the
Natural Products Grades Act
(O.C. 84-546)
Filed July 5, 1984
Under section 2 of the Natural Products Grades Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Christmas Trees Regulation - Natural Products Grades Act.
2In this Regulation
“dealer” Repealed: 89-152
“graded tree” means a tree the grade of which has been designated by a grader;
“grader” means any person licensed by the Minister to grade trees;
“Minister” Repealed: 2000, c.26, s.219
“Supervisor of Grading” means the person, firm or organization designated by the Minister under subsection 4(1);
“tree” means a coniferous tree cut for sale as a Christmas tree.
89-152; 2000, c.26, s.219
APPLICATION OF GRADING
3(1)The sale of trees by official grade is optional.
3(2)No person shall represent, advertise, offer for sale or sell trees as officially graded trees unless this Regulation has been complied with.
3(3)Any person, firm or organization who makes the initial sale of trees by official grade shall be responsible for arranging the grading and paying the costs of grading.
GRADING PROCEDURE
4(1)The Minister may designate as the Supervisor of Grading a person, firm or organization which shall supervise the grading of trees under this Regulation.
4(2)Any person, firm or organization requiring grading service shall:
(a) apply to the Supervisor of Grading at least forty-eight hours in advance of requiring such service, specifying the species and, as nearly as possible, the number and grades of trees to be graded;
(b) make the trees accessible for grading;
(c) render the grader such assistance as he requires;
(d) pay the fee for the grade tags of
(i) 10 cents per tag for members of the N.B. Christmas Tree Growers Co-op Ltd., or
(ii) 20 cents per tag for persons who are not members of the N.B. Christmas Tree Growers Co-op Ltd.; and
(e) pay the Supervisor of Grading the certification fee approved by the Minister.
4(3)The Supervisor of Grading shall:
(a) provide a grader, recommend a self-employed grader or approve a grader already in the employ of the applicant, as circumstances require and to the extent that qualified personnel are available;
(b) supply to the grader official grade tags which shall be attached to each tree;
(c) arrange such inspections of grading work as it considers necessary;
(d) direct a grader to suspend grading operations for any reason considered sufficient by the Supervisor of Grading and report the matter promptly to the Minister; and
(e) make reports to the Minister as determined by mutual agreement.
4(4)A grader shall:
(a) before starting each grading job, assure himself that the Supervisor of Grading has been notified;
(b) examine and grade each tree;
(c) tag each tree with the correct grade tag;
(d) keep a daily record of the numbers and grades of all trees graded and furnish a weekly report to the Supervisor of Grading;
(e) assure himself that this Regulation has been complied with;
(f) issue a certificate for the trees graded;
(g) Repealed: 94-11
(h) suspend grading operations when directed to do so by the Supervisor of Grading.
4(5)An inspector shall:
(a) spot check tree grading and perform supervisory work as directed by the Supervisor of Grading; and
(b) make such reports as the Supervisor of Grading may require.
89-152; 91-174; 94-11
INTERPRETATION OF GRADES
5(1)The interpretation of any grade is intended to cover all Christmas trees between the next higher grade and the next lower grade.
5(2)A shipment of any grade of trees shall be representative of the entire range of the grade and not made up primarily of either high line or low line trees.
TOLERANCE
6Grading rules shall be sufficiently explicit to establish a maximum of five percent as a reasonable variation between graders.
GRADE TERMINOLOGY AND STANDARDS
7(1)Density is the amount of foliage on a tree and for grading purposes is classified as follows:
(a) “heavy density” applies to trees with the following characteristics:
(i) the whorls or branches are relatively close together and the spaces between the whorls or branches are so filled with twigs that eighty to one hundred percent of the main stem is generally invisible; and
(ii) the needle population and growth are adequate to cover the branches;
(b) “medium density” applies to trees with the following characteristics:
(i) the whorls or branches are reasonably close together and the spaces between the whorls or branches are so filled with twigs that sixty to eighty percent of the main stem is generally invisible; and
(ii) the needle population and growth are adequate to cover the branches; and
(c) “light density” applies to trees with the following characteristics:
(i) the whorls or branches are reasonably spaced and the spaces between the whorls or branches are only partially filled so that forty to sixty percent of the main stem is generally invisible; and
(ii) the needle population and growth are adequate to reasonably cover the branches.
7(2)Taper is the relationship of the width of the tree at its lowest branches to the height of the tree.
7(3)The balance of a tree is determined as follows:
(a) by considering a tree to have four faces, each encompassing one quarter section of the tree, and by inspecting each face for completeness and defects in the process of grading; and
(b) by assessing the tree shape, applying the term “well-shaped” to a tree having branches of sufficient number and length to form a circular outline tapering from the lowest whorl of branches to the top, with the main stem at the centre.
7(4)Foliage is assessed under the following terms:
(a) “fresh”, when the needles are green, crisp and firmly attached;
(b) “clean”, where the tree is almost free of foreign material;
(c) Repealed: 86-110
(d) “healthy”, when the needles have a fresh natural appearance characteristic of the species.
7(5)For grading purposes:
(a) “defects” includes the lack of some part of the tree necessary to its perfection or the presence of extraneous parts or of foreign material which detracts from its appearance; and
(b) “minor defects” means slight imperfections in the development of the tree or as a result of handling which do not seriously affect the appearance of the tree and are identified as:
(i) slight uneven density;
(ii) slight visible crook in the main stem;
(iii) partially visible multiple main stem;
(iv) small open hole;
(v) slight physical damage;
(vi) slight insect damage;
(vii) multiple leader;
(viii) weak lower whorl or lower branches;
(ix) Repealed: 86-110
(x) broken branch; and
(xi) extra long branch.
7(6)Defects in excess of minor defects that appear on more than one face shall exclude a tree from any grade.
7(7)The tree handle shall be free of branches below the bottom whorl and smoothly cut at approximate right angles to the trunk of the tree and unless otherwise specified, the handle shall be not less than fifteen centimetres in length and not longer than four and one-half centimetres for each thirty centimetres of tree height.
7(8)Tree height is the distance from the base of the handle to the top of the main leader, excluding that portion of the leader that extends more than ten centimetres above the apex of the cone of the taper applicable to the tree.
7(9)The factors set forth in this section apply in the grading of all species of trees with due consideration for the natural characteristics of the various species.
86-110
GRADES
8(1)The grades of trees, in descending order of density, are:
(a) New Brunswick Grade Select;
(b) New Brunswick Grade Fancy; and
(c) New Brunswick Grade Choice.
8(2)Repealed: 86-110
8(3)Repealed: 86-110
8(4)The minimum requirements for the factors for each grade are set forth in the following table:
Factors
New
Brunswick
Grade
Fancy
New
Brunswick
Grade
Select
New
Brunswick
Grade
Choice  
 
Density
Heavy
Medium to
heavy
Light to
medium
 
Taper
Minimum
40%
Maximum
90%
Minimum
40%
Maximum
90%
Minimum
40%
Maximum
90%
 
Balance
Well-
shaped;
at least
three
complete
faces
Well-
shaped;
at least
three
complete
faces
Well-
shaped;
at least
three
complete
faces
 
Foliage
Fresh,
healthy,
clean
Fresh,
healthy,
clean
Fresh,
healthy,
clean
 
Minor Defects
Not more
than 2
Not more
than 2
Not more
than 2
 
86-110; 89-152; 94-11
REVIEW OF GRADE
9(1)Any person who questions the appropriateness of the grades assigned to a shipment or consignment of trees by a grader may, within seven days after receipt thereof, request the Supervisor of Grading to review the assignment.
9(2)The Supervisor of Grading shall, within ten days after the request referred to in subsection (1), make a review and
(a) confirm the grade assigned by the grader,
(b) assign a different grade, or
(c) rule that the trees do not qualify for a grade.
9(3)A finding by the Supervisor of Grading under subsection (2) is final.
9(4)In case of complaint, the entire shipment shall be kept intact for review by the Supervisor of Grading, but if the shipment is not kept intact, that portion which has been accepted or used shall be considered as the grade invoiced.
9(5)If the service of a grader is terminated by an employer before the scheduled or anticipated completion of grading operations,
(a) the grader shall immediately report the particulars of the termination to the Supervisor of Grading, and
(b) no grader who is aware that the service of another grader has been terminated shall complete such grading operations without first obtaining the consent of the Supervisor of Grading.
89-152
10Repealed: 89-152
86-110; 89-152
11Regulation 73-102 under the Natural Products Grades Act is repealed.
N.B. This Regulation is consolidated to June 30, 2000.