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.