Oversight of Apple Production and Marketing

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The “Licensing and Fees Order #2024-01” of the Apple Growers of New Brunswick was enacted under the Natural Products Act SNB 1999, c N-1.2, to regulate apple production, packing, and distribution in New Brunswick. This order establishes a regulatory framework that ensures proper licensing, fee collection, and oversight of the apple industry in the province. The Board, known as the Apple Growers of New Brunswick, is responsible for enforcing the regulations and overseeing the licensing process.

Under the order, several key terms are defined to clarify roles within the industry, including the “Act,” which refers to the Natural Products Act, and the “Board,” which manages compliance with the order. A “Distributor” is anyone involved in selling regulated apples to retail outlets, restaurants, or consumers, while an “Eligible Producer” manages or owns at least two acres of fruit-bearing apple trees. An “Associate Producer” owns or manages under two acres of such trees, and a “Packer” is responsible for packaging apples for consumers. The “Plan” refers to the Apple Plan and Levies Regulation, which outlines production and levies, while the “Regulated Area” and “Regulated Product” refer to the province of New Brunswick and apples, respectively.

The order requires that no person can engage in producing, packing, or marketing apples within New Brunswick without first obtaining a license from the Board. This applies to eligible producers, associate producers, packers, and distributors. License applications must be submitted through forms provided by the Board, along with the necessary fees. Corporate applicants must designate a representative, while partnerships must provide the names of all partners and appoint one as their representative. The order outlines various categories of licenses, including General Membership, Associate Producer, Eligible Producer, Distributor, and Packer, with corresponding fees listed in the application forms.

In the event of significant crop loss deemed beyond the producer’s control, eligible producers can apply for fee exemptions. The Board considers these applications based on a site inspection to assess the extent and cause of the loss. Licenses are valid from January 1 to December 31 each year, and fees must be paid by May 31. Failure to apply for or renew a license or pay the associated fees results in the producer falling out of good standing with the Board, making them ineligible for Board services and programs. The Board has the authority to deny licenses if an applicant lacks the necessary experience, financial stability, or equipment to effectively engage in apple production or marketing. It can also suspend or revoke licenses if a licensee violates any part of the Natural Products Act, the Apple Plan, or any related regulations or orders. These enforcement actions are supported by the provisions outlined in the Act.

By requiring licenses for all participants in apple production, packaging, and distribution, the order establishes a comprehensive framework that maintains industry standards and provides mechanisms for fee exemptions in special circumstances. This regulatory structure strengthens the Board’s ability to oversee the industry, thus ensuring a well-regulated and structured apple market in New Brunswick.

New Brunswick (Order 2024-01) September 18, 2024