Exemption, direct-to-farm vendor
 96.1 (1) A vendor is exempt from section 6 of the Act with respect to the sale, offer for sale or transfer of a Class E pesticide if the vendor is a direct-to-farm vendor as described in subsection (2) and if the eligibility criteria set out in subsection (4) are satisfied. O. Reg. 139/15, s. 25 (1); O. Reg. 134/20, s. 56 (1). (2) A vendor is a direct-to-farm vendor for the purposes of this section if the following criteria are satisfied: 1. The vendor sells, offers to sell or transfers Class E pesticides. 2. Subject to subsection (3), all Class E pesticides sold or transferred by the vendor are sold or transferred directly to purchasers who meet the following criteria: i. The purchaser is a person referred to in clause 45.1 (1) (a) who intends to use the pesticide. ii. The purchaser is not required to hold a vendor’s licence of the Treated Seed class. iii. The purchaser is not exempt under this section from section 6 of the Act with respect to the sale, offer for sale or transfer of a Class E pesticide. 3. The vendor does not hold a vendor’s licence of the Treated Seed class and is not required to hold a vendor’s licence of the General or Limited class. 4. The name of the vendor has been submitted to the Director using the Ministry’s electronic system in a written notice described in subsection (5) by the licensed vendor referred to in paragraph 1 of subsection (4). O. Reg. 139/15, s. 25; O. Reg. 228/18, s. 18 (1); O. Reg. 134/20, s. 56 (1). (3) A direct-to-farm vendor may sell or transfer a Class E pesticide back to the licensed vendor referred to in paragraph 1 of subsection (4). O. Reg. 139/15, s. 25 (1); O. Reg. 134/20, s. 56 (1). (4) The following are the eligibility criteria for the exemption: 1. The direct-to-farm vendor must purchase the Class E pesticide from a person who holds a vendor’s licence of the Treated Seed class. 2. With respect to the sale or transfer of the Class E pesticide, the direct-to-farm vendor must collect the information and documents that, if the sale or transfer were carried out in accordance with section 98.3, would be required to be provided by a purchaser or transferee. 3. The direct-to-farm vendor must provide to the licensed vendor referred to in paragraph 1 the information and a copy of the documents referred to in paragraph 2. O. Reg. 139/15, s. 25 (1); O. Reg. 134/20, s. 56 (1, 2). (5) For the purposes of paragraph 4 of subsection (2), the licensed vendor may submit to the Director using the Ministry’s electronic system a written notice that includes the following information: 1. The name, email address, if any, and mailing address of a direct-to-farm vendor who sells or transfers a Class E pesticide that was purchased from the licensed vendor. 2. A statement that the direct-to-farm vendor referred to in paragraph 1 has provided confirmation in writing to the licensed vendor that the criteria set out in paragraphs 2 and 3 of subsection (2) have been satisfied. O. Reg. 139/15, s. 25 (1); O. Reg. 228/18, s. 18 (2); O. Reg. 134/20, s. 56 (1). (6) A direct-to-farm vendor that has provided a confirmation referred to in paragraph 2 of subsection (5) shall, no later than 10 days after the direct-to-farm vendor no longer satisfies the criteria set out in paragraphs 2 and 3 of subsection (2), provide the licensed vendor with notice in writing that the direct-to-farm vendor no longer satisfies the criteria. O. Reg. 139/15, s. 25 (1). (7) The licensed vendor who receives the notice referred to in subsection (6) shall, no later than 10 days after receiving the notice, notify the Director in writing that the direct-to-farm vendor no longer satisfies the criteria set out in paragraphs 2 and 3 of subsection (2). O. Reg. 139/15, s. 25 (1). (8) The direct-to-farm vendor shall prepare a record of each sale and transfer of a Class E pesticide, setting out the following: 1. The name of the Class E pesticide. 2. The quantity of pesticide in each container and the number of containers sold or transferred. 3. The name and address of the purchaser or transferee. 4. The date of the sale or transfer of the pesticide. O. Reg. 139/15, s. 25 (1); O. Reg. 134/20, s. 56 (1, 3, 4). (9) The direct-to-farm vendor shall keep the record required under subsection (8) for a period of at least two years after the record is prepared or the information and documents are collected by the vendor, or for such other period as the Director may require in writing. O. Reg. 134/20, s. 56 (5).