Regulation - Other

Amendment to R.R.O. 1990, Regulation 433 (Tender Fruit - Marketing) under the Farm Products Marketing Act

Regulation Number(s):
Instrument Type:
Regulation - Other
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
On April 19, 2017, the Ontario Farm Products Marketing Commission amended R.R.O. 1990, Regulation 433 (Tender Fruit- Marking), made under the Farm Products Marketing Act, to exempt small processors from the regulation other than clauses 6 (a), (b) and (c). For the purposes of the regulation a small processor is anyone that processes less than 907.2 kilograms (1 short ton) of tender fruit in a calendar year.

The amendment to Regulation 433 is effective the date it is filed.
Further Information:
Proposal Number:
Posting Date:
January 25, 2017
Summary of Proposal:
Under Regulation 433 (Tender Fruit - Marketing) every processor of Ontario tender fruit is required to obtain a processor licence from the Ontario Farm Products Marketing Commission (Commission) prior to engaging in the processing of tender fruit. There is no fee for the licence. Licensed processors must also comply with Ontario Tender Fruit Growers' (OTFG) regulations, including but not limited to the payment of minimum prices to producers and the payment of licence fees to the OTFG. Under the regulation, tender fruit includes Ontario peaches, pears, apricots, nectarines, plums, and sweet and sour cherries. Nectarines used for processing are exempt from the regulation.

"Processing" is defined as the "manufacture of tender fruit products or juice, beverage spirits or wine from tender fruit, canning, bottling, distilling, fermenting, dehydrating, pitting, drying or freezing of tender fruit". "Processor" is defined as a "person engaged in the business of processing tender fruit". Because "processing" is broadly defined, any person that processes any volume of tender fruit requires a licence from the Commission. This could include a person who cans jams or preserves on a small scale or a person who uses tender fruit as an ingredient in a smoothie and then bottles those smoothies for retail sale.

OTFG has determined that its regulations were not intended to apply to small scale processors and that the administration and enforcement of a licensing scheme for these small scale processors is not required.

OTFG has requested that the Commission amend Regulation 433 to exempt small processors from the regulation other than clauses 6 (a), (b), and (c), which relate to inspections and furnishing information to the board relative to processing activities, if they purchase less than one ton (907.2 kilograms) of any one of the regulated fruits annually. The minimum amount is not cumulative for all fruits purchased. If a person buys one ton (907.2 kilograms) or more of at least one of the regulated tender fruits annually, the person is required to get a processor licence from the Commission prior to engaging in the processing of that tender fruit.

Regulation 433 is a Commission made regulation which the Commission has the authority to amend.
Contact Address:
Farm Products Marketing Commission
1 Stone Rd W
Guelph, ON N1G 4T6
Phone: 519 826 3242
Fax: 519 826 3400
Effective Date:
May 29, 2017