What You Should Know if you Grade, Package or Market Farm Products - Ticketable Offences Under the Produce, Honey and Maple Products Regulation
There are a number of things to remember if you grade, package or market farm products. The requirements for labeling, signage, advertising, container sizes and food safety are outlined in Ontario Regulation (O. Reg.) 119/11 - Produce, Honey and Maple Products. To make them easier to understand, they are explained in the Frequently Asked Questions. Ministry staff will also work with you to help you understand and implement the regulations.
Stakeholders told us that strong enforcement of the regulation is needed to deter misrepresentation and protect food safety. The ministry takes a progressive compliance approach for non-compliance, which begins with an initial contact to provide education and advice regarding best practices. When needed, other tools are used to achieve compliance.
What offences are subject to ticketing and what are the fines?
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.
Fines for offences under the regulation have been updated and increased as of August 20, 2012. They are consistent with other fines under the Provincial Offences Act, and range from $150 - $500, depending on the seriousness of the offence. Ticketing addresses offences related to packaging, labelling, selling, transporting, advertising and product misrepresentation.
Here are some examples of fines for ticketable offences:
Where will tickets be issued?
Provincial Offences Officers responsible for enforcing the regulation can issue a ticket (also known as a Certificate of Offence) at any level of trade from producers/packers to point of sale, such as farmers' markets and grocery stores.
Municipalities administer the 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:
Can Provincial Offences Officers issue a ticket for produce that is not covered by O. Reg. 119/11, such as bananas and oranges?
Produce that cannot be commercially grown or harvested in Canada, such as bananas and oranges, are not regulated under O. Reg. 119/11.
Labelling requirements for commodities that cannot be commercially grown or harvested in Canada are regulated by the Canadian Food Inspection Agency.
For more information:
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