38(1)Where a board or marketing agency is granted authority to fix, impose and collect levies or charges under subsection 37(1), the amount of any levies or charges that are due and payable by a person engaged in the marketing or the production and marketing of the whole or any part of the regulated product shall constitute a debt due to the board or marketing agency from such person and may be recovered by action in the name of the board or marketing agency in any court of competent jurisdiction.

38(2)Where any person who receives a regulated product is required under subsection 37(3) or (4) to deduct from the money payable for the regulated product any levies or charges payable to a board or marketing agency by the person engaged in the marketing or the production and marketing of the regulated product received, the amount of any levies or charges that have been deducted or should have been deducted from the money payable for the regulated product under subsection 37(3) or (4) shall constitute a debt due to the board or marketing agency from the person who received the regulated product and may be recovered by action in the name of the board or marketing agency in any court of competent jurisdiction.