Proposed amendments to O. Reg. 439/10 (Hogs - Marketing) under the Farm Products Marketing Act
O. Reg. 439/10 (Hogs – Marketing)
Regulation - Other
Bill or Act:
Farm Products Marketing Act
Summary of Decision:
At the request of the Ontario Pork Producers' Marketing Board (Ontario Pork), the Ontario Farm Products Marketing Commission has amended Regulation 439/10: Hogs - Marketing under the Farm Products Marketing Act.
The amendments provide Ontario Pork with authority to licence producers who transfer Ontario hogs outside of the province through inter-farm transfers, without sale, and to collect licence fees on those animals.
The Regulation was filed with the Registrar of Regulations and is now in effect.
November 14, 2017
Summary of Proposal:
The Ontario Farm Products Marketing Commission (Commission) is proposing to amend Regulation 439/10 under the Farm Products Marketing Act (FPMA). The proposed amendments have been requested by the Ontario Pork Producers' Marketing Board (Ontario Pork). The request is in response to concerns raised by producers that a segment of weaner hog producers, who benefit from the services of Ontario Pork, do not currently pay licence fees related to their weaner hog production that occurred in Ontario. Ontario Pork, in response to these concerns, and after carrying out consultations with its producers, has requested this amendment to address this matter.
Under Ontario Regulation 439/10, Ontario Pork currently has the authority to collect licence fees from producers who market hogs, including weaner hogs, produced in Ontario. Hogs are defined as domestic swine produced in Ontario. Ontario Pork further defines weaner hogs as hogs that have a weight of less than 56 kgs (125 lbs).
Licence fees are established to fund activities which benefit all producers such as research, emergency management, promotion, enforcement of applicable legislation, and for carrying out and enforcing the FPMA and the regulations that establish Ontario Pork and its authorities. Ontario Pork, which has the authority to determine the amount of licence fees, has set licence fees at $0.95 per hog and $0.20 per weaner hog.
Ontario Pork currently has the authority to collect licence fees from its producers who market hogs, regardless of where the marketing occurs. It also has the authority to collect licence fees from its producers who market weaner hogs to buyers located outside of Ontario. Ontario Pork does not collect licence fees from its producers who market weaner hogs within Ontario, as a fee will be collected from the producer when the animal is ultimately marketed as a market hog.
Ontario Pork has identified a segment of its producers who, for the purpose of intra-farm transfers, produce and then transport weaner hogs outside of Ontario. As the eventual marketing of those weaner hogs will occur outside of Ontario, Ontario Pork will not collect a licence fee related to that weaner hog production that occurred within the province. As all Ontario producers of weaner hogs benefit from the activities of Ontario Pork, this situation creates inequity among hog producers.
The proposed amendments would give Ontario Pork the express authority to licence producers of weaner hogs and to collect licence fees on weaner hogs from weaner hog producers in Ontario who transport those weaner hogs outside of Ontario without marketing them.
Regulation 439/10 is a Commission made regulation which the Commission has the authority to amend.
Farm Products Marketing Commission
1 Stone Rd W, Guelph, N1G 4T6
November 15, 2019