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Ticketable Offences Under the Farm Products Grades and Sales Act

Author: OMAFRA Staff
Creation Date: 24 November 2004
Last Reviewed: 04 January 2005

What you should know if you are involved in grading,
packaging and marketing farm products

Ontario's fruit, vegetable, honey and maple syrup industries have a reputation for producing safe, high quality food for consumers. Providing accurate information to buyers as required by law is an important part of upholding that reputation.

Requirements are outlined in the Farm Products Grades and Sales Act, which is enforced by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA).

What is the Farm Products Grades and Sales Act?

The main focus of the Farm Products Grades and Sales Act is quality assurance and setting quality and grade standards for numerous commodities. The statute and regulations provide for the inspection, grading, labelling, packaging and marketing of designated farm products.

How is the Act enforced?

While the majority of industry participants comply with the requirements, appropriate action is required when an individual, business or corporation violates provisions of the act or regulations. Ticketing is one option that can be used to enforce this legislation.

Ticketing through the authority of the Provincial Offences Act provides a streamlined process to deal with offences for which formal prosecution may not be warranted. It is an effective deterrent for individuals who, for example, misrepresent the origin of produce.

What Offences are subject to ticketing?

Ticketing addresses offences related to marketing, labelling and product misrepresentation. A system of ticketing has been set up to include offences for the following regulations under the act: Regulation 378 (Fruit and Vegetable), Regulation 384 (Honey), and Regulation 386 (Maple Products).

Example of offences include offering produce for sale at retail without a sign indicating the country or province of origin, misrepresenting the country of origin of a product being offered for sale, and failing to remove old markings from previously used containers. A detailed list of offences under each regulation, as well as the fine amounts, are provided in Tables 1, 2 and 3. For further information about each offence, please refer to the corresponding section in the regulation.

Complete regulations can be found at www.e-laws.gov.on.ca.

Why is Ticketing Important?

Ticketing is a beneficial enforcement tool because it:

  • Encourages compliance with the regulatory requirements
  • Enhances the reputation of Ontario's agri-food industry as a producer of safe, quality products through an effective deterrent system
  • Supports the ministry's ability to trace products back to their source in case a food safety or quality issue arises
  • Encourages a fair marketplace
  • Enables inspectors to effectively deal with infractions.
Where will tickets be issued?

Provincial Offences Officers responsible for enforcing the act can issue a ticket (also known as Certificate of Offence) at any level of trade from packers to point of sale.

Municipalities are responsible for the administration of ticketing and court processes, where necessary. Fines collected from ticketing go directly to the municipality in which the offence occurred.

What are my options if I receive a ticket?

If you receive a ticket, you have three options:

  1. Plead guilty and pay the fine, which involves mailing in your payment without a court appearance.
  2. Plead guilty with explanation. This involves appearing before a judge and explaining unique circumstances surrounding the offence.
  3. Initiate court proceedings to argue against the charges. This involves appearing in court to enter a not guilty plea and having a trial with respect to the charges listed on the ticket.
Where can I get more information?

For access to complete statutes and regulations, please refer to the Ontario
Statutes and Regulations website at www.e-laws.gov.on.ca.

For additional information, please contact:
Food Inspection Branch
Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 5th Floor
Guelph, ON, N1G 4Y2
Tel: (519) 826-4180
fpo@omafra.gov.on.ca

Table 1: Offences under Regulation 378 (Fruit and Vegetable)

Description
Section
Set Fine
Pack produce in previously marked packages
- marks not removed or obliterated
4(e)
$200
Transport or ship produce in previously marked packages
- marks not removed or obliterated
4(e)
$100
Sell or offer for sale produce in previously marked packages
- marks not removed or obliterated
4(e)
$200
Misrepresent mark or marking of produce
6
$350
Misrepresent ownership of produce
6
$350
Misrepresent origin of produce
6
$350
Fail to mark master container with name and address
12(a)
$200
Fail to mark package with name and address
12(a)
$200
Pack produce in a package with improper origin marking
14
$200
Transport or ship produce in a package with
improper origin marking
14
$200
Sell or offer for sale produce in a package with
improper origin marking
14
$200
Possess for sale produce in a package with
improper origin marking
14
$200
Sell or offer for sale produce without display sign
15
$100
Sell or offer for sale produce without display
sign indicating country or province of origin
15(a)
$100

 

Table 2: Offences under Regulation 386 (Maple Products)

Description
Section
Set Fine
Repack imported maple product in container
not marked to indicate country of origin
4(c)
$200
Transport or ship repacked, imported maple
product in container not marked to indicate country of origin
4(c)
$100
Advertise repacked, imported maple product in
container not marked to indicate country of origin
4(c)
$200
Sell or offer for sale repacked, imported maple
product in container not marked to indicate country of origin
4(c)
$200
Possess for sale repacked, imported maple product
in container not marked to indicate country of origin
4(c)
$200
Pack maple product in container not marked with
packer's name and address
5(d)
$200
Transport or ship maple product in container not
marked with packer's name and address
5(d)
$100
Advertise maple product in container not marked
with packer's name and address
5(d)
$200
Sell or offer for sale maple product in container
not marked with packer's name and address
5(d)
$200
Possess for sale maple product in container not marked
with packer's name and address
5(d)
$200
Failure to obliterate or remove previous
markings on a container
6
$200
Misrepresent mark or markings
7
$350
Misrepresent ownership
7
$350
Misrepresent origin
7
$350
 

 

Table 3: Offences under Regulation 384 (Honey)

Description
Section
Set Fine
Pack honey not produced in Ontario or Canada, identified as produced in Ontario or Canada
4(c)
$200
Transport or ship honey not produced in Ontario or Canada, identified as produced in Ontario or Canada
4(c)
$100
Advertise honey not produced in Ontario or Canada, identified
as produced in Ontario or Canada
4(c)
$200
Sell or offer for sale honey not produced in Ontario or Canada, identified as produced in Ontario or Canada
4(c)
$200
Pack honey in a bulk container or box with previous
marks not completely removed or obliterated
4(d)
$200
Transport or ship honey in a bulk container or box with
previous marks not completely removed or obliterated
4(d)
$100
Advertise honey in a bulk container or box with previous
marks not completely removed or obliterated
4(d)
$200
Sell or offer for sale honey in a bulk container or box
with previous marks not completely removed or obliterated
4(d)
$200
Misrepresent ownership of honey
5
$350
Misrepresent origin of honey
5
$350
Pack honey in a container not marked with packer's
name and address
6(b)
$200
Transport or ship honey in a container not marked
with packer's name and address
6(b)
$100
Advertise honey in a container not marked with
packer's name and address
6(b)
$200
Sell or offer for sale honey in a container not marked
with packer's name and address
6(b)
$200
Have in possession for sale honey in a container not
marked with packer's name and address
6(b)
$200

This publication is provided for informational purposes only.
Please refer to the regulations for complete requirements.

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E-mail: food.omafra@ontario.ca