Regulation - LGIC

Addition of Apricots to RRO 1990, Regulation 434 (Tender Fruit - Plan) and RRO 1990, Regulation 433 (Tender Fruit - Marketing)

Regulation Number(s):
RRO 1990, Regulation 433
RRO 1990, Regulation 434
Instrument Type:
Regulation - LGIC
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
The amendments to add apricot production in Ontario to the authorities of the Ontario Tender Fruit Growers, under Regulation 434 (Tender Fruit - Plan) of the Farm Products Marketing Act were made by the Lieutenant Governor in Council and filed with the Registrar of Regulations on date of filing.

On October 21, 2015, under authority of the Farm Products Marketing Act, the Ontario Farm Products Marketing Commission made consequential amendments to add apricot production in Ontario to Regulation 433 (Tender Fruit - Marketing). The amendments to Regulation 433 were filed with the Registrar of Regulations on Friday, November 27, 2015.

The amendments to Regulations 433 and 434 become effective on January 1, 2016.
Further Information:
Proposal Number:
Posting Date:
August 26, 2015
Summary of Proposal:
The Ontario Tender Fruit Growers (OTFG) is a marketing board established under the Farm Products Marketing Act. Marketing boards may be delegated a number of regulatory authorities by the Ontario Farm Products Marketing Commission (Commission).

Under Regulation 433, OTFG has been delegated a number of authorities with respect to producers and marketers of peaches, pears, nectarines, plums, and sweet and sour cherries.

The main regulatory authorities are for the purposes of setting the minimum prices paid to producers, promotion and market development, research, licensing marketers, and government advocacy.

Producers pay a licence fee to OTFG to finance OTFG activities; the fee varies with each fruit depending on the cost of the OTFG's marketing activities for each fruit. The fee per commodity is based on the volume of fruit marketed by producers. Licence fees are collected by the marketers and remitted to OTFG on behalf of producers. Under Regulation 433, producers are exempt from paying licence fees with respect to fruit sold directly to the consumer.

In the spring of 2015, OTFG presented a proposal to the Commission and asked that an Expression of Opinion vote be held among apricot growers to determine if they were in favour of having apricots added to the Tender Fruit plan. The Commission agreed and held the vote in June 2015.

Of those casting valid ballots, 84% were in favour of the proposal, representing 94% of the production of apricots of those who voted. The Commission's minimum thresholds for a successful Expression of Opinion Vote (662/3 percent of producers voting, and 50 percent of production of producers voting) were easily met. On July 15, 2015, the Commission agreed in principle to support the addition of apricots to OTFG's plan and marketing regulations and to recommend this addition to the Minister of Agriculture, Food and Rural Affairs, and subsequently to the Cabinet.

There are two regulations that would require minor amendments in order to add apricots to the Tender Fruit plan:
• RRO 1990, Regulation 434 (Tender Fruit - Plan). Amendments of this nature (i.e. adding an additional agricultural commodity) require approval by the Lieutenant-Governor-in-Council.
• RRO 1990, Regulation 433 (Tender Fruit - Marketing). This is a Commission made regulation that the Commission has the authority to amend.
Contact Address:
Laurinda Lang
Marketing Analyst
Farm Products Marketing Commission
1 Stone Rd W, Guelph, N1G 4T6
(519) 826-4220
Effective Date:
January 1, 2016