484_98 — Raspberry Industry Development Council Regulation

s. 1 — Definitions

In this regulation:

s. 1 — Act

Act means the Farming and Fishing Industries Development Act;

s. 1 — council

council means the BC Raspberry Industry Development Council established by the Minister under section 2 of the Act;

s. 1 — first receiver

first receiver means a person who receives raspberries from, or on behalf of, a raspberry grower for packing, grading, shipping, selling, distributing or processing;

s. 1 — levy

levy means the levy referred to in section 2;

s. 1 — raspberry

raspberry means rubus strigosus and rubus ideaus;

s. 1 — raspberry grower

raspberry grower means a person who operates a farm in British Columbia that produces raspberries for sale.

s. 2 — Payment of levy

s. 2(1)

Each raspberry grower must pay to the council the levy established by the council under section 4 (1) of the Act.

s. 2(2)

The levy is payable as follows:

s. 2(2)(a)

in the case of raspberries delivered to a first receiver, on the delivery date;

s. 2(2)(b)

in the case of raspberries produced on the farm of a first receiver and processed by that receiver, on the date the raspberries are moved into the processing facility;

s. 2(2)(c)

in any other case, on the date the raspberries are sold.

s. 3 — Collection and remittance of levy on raspberries delivered to first receiver

s. 3(1)

Each first receiver must collect the levy on behalf of the council by deducting it from the proceeds otherwise due to the raspberry grower for the raspberries delivered to the first receiver.

s. 3(2)

On or before September 30 of each year, each first receiver must remit to the council the amount collected by the receiver under subsection (1) during the previous 12 months, less any commission retained under subsection (3).

s. 3(2.1)

Repealed. [B.C. Reg. 55/2023 s. (a).]

s. 3(3)

A first receiver may retain a commission of 5% of the levy collected under subsection (1).

s. 4 — Remittance of levy on raspberries grown and processed by first receiver and on direct sales

On or before September 30 of each year, each raspberry grower must remit to the council the total amount that became payable by the grower under section 2 (b) or (c) during the previous 12 months.

s. 5 — Records

s. 5(1)

Each person required under this regulation to remit the levy must retain all records relating to the collection and remittance of the levy for a period of 2 years after the deadline for remitting the levy.

s. 5(2)

Records for the purposes of subsection (1) must include the name and address of each raspberry grower who paid the levy.

s. 5(3)

A person required under subsection (1) to retain records must make the records available to the council on its request.