jswizzle3737/ontario_laws_and_regs huggingface dataset:
Definitions
2. All fruit, vegetables and sweet corn that can be commercially grown in Canada are designated as farm products. R.R.O. 1990, Reg. 378, s. 2. Application
Application
3. This Regulation does not apply to, (a) produce not grown for the purpose of sale but grown for the sole purpose of producing seed; or (b) unharvested produce. R.R.O. 1990, Reg. 378, s. 3.
Application
3.1 Revoked: O. Reg. 331/08, s. 1. PART I   GENERAL
Application
4. No person shall pack, transport, ship, advertise, sell or offer for sale any produce, (a) unless the produce is graded, packed and marked in accordance with the Act and this Regulation and is contained in packages which comply with the Act and this Regulation; (b) that is below the minimum grade for the produce; (c) if the faced or shown surface falsely represents the contents; (d) in a package, unless the package is properly filled and packed; (e) in a package that has been previously marked, unless the marks are completely removed or obliterated; (f) that is so immature or so diseased or otherwise affected as to be unfit for human consumption; (g) in a package that is damaged, stained, soiled, warped or otherwise deteriorated so as to materially affect the soundness, appearance or wholesomeness of the produce packed therein; or (h) that has been injured by insects or that shows evidence of any foreign substance in an amount injurious to public health. R.R.O. 1990, Reg. 378, s. 4.
Application
5. (1) Section 4 does not apply to the transportation of produce, (a) of any person for the purpose of use by himself or herself and his or her household; (b) of a grower by the grower for the purpose of grading and packing, storing or processing; or (c) of any person (other than a grower who transports the produce for the purpose of grading, packing or processing) where the transporter supplies, upon request of an inspector, proof of the purpose for which the produce is transported. R.R.O. 1990, Reg. 378, s. 5 (1). (2) Section 4 does not apply to the sale of produce for processing. R.R.O. 1990, Reg. 378, s. 5 (2).
Application
6. No person shall misrepresent the class, variety, grade, size, size range, count, weight, measure, mark or marking, ownership, origin, storage records or conditions of storage of any produce. R.R.O. 1990, Reg. 378, s. 6.
Application
7. No person shall, during the course of packing, warehousing or shipping of any produce, (a) wilfully or carelessly damage the produce; (b) handle the produce in such a manner that it is likely to deteriorate in quality; (c) expose the produce to any weather or other conditions that are likely to cause damage to the produce; or (d) fail to comply with the recommendation and instructions of an inspector regarding the exposure of any produce to any conditions. R.R.O. 1990, Reg. 378, s. 7. PART II   PACKAGES
Application
8. (1) Every package for produce shall be of the dimensions and capacities specified in Tables 1 and 2 of section 9. R.R.O. 1990, Reg. 378, s. 8 (1). (2) Subsection (1) does not apply to, (a) produce for which there are no grades established under this Regulation; (b) produce sold or offered for sale in a package where the experimental use thereof has been authorized by the Minister and the package is identified and used only in the manner authorized by the Minister; (c) produce, other than apples, beets, carrots, onions, parsnips and potatoes packed in bags and tomatoes packed in tubes, that is sold or offered for sale in catchweight packages; or (d) produce under detention, or for which permission has been granted by an inspector for shipment or transportation for the purpose of packing in standard packages for sale. R.R.O. 1990, Reg. 378, s. 8 (2); O. Reg. 331/08, s. 2.
Application
10. Where packages of apples are placed in master containers, the master containers shall be of corrugated material with partitions designed for apples, and, (a) for packing of three-pound bags, the master container shall hold twelve units and be capable of withstanding a bursting test of 175 pounds per square inch; (b) for packing of five-pound bags, the master container shall hold eight units and be capable of withstanding a bursting test of 200 pounds per square inch; (c) for packing of ten-pound bags, the master container shall hold four units and be capable of withstanding a bursting test of 175 pounds per square inch; and (d) for packing of three-pound over wrap trays, the master container shall hold twelve units and be capable of withstanding a bursting test of 175 pounds per square inch. R.R.O. 1990, Reg. 378, s. 10.
Application
11. At least 95 per cent by weight of the asparagus packed in a pyramid-type package shall be packed so that the butt end of each spear contacts the moisture pad. R.R.O. 1990, Reg. 378, s. 11. PART III   MARKINGS
Application
12. Every person who packs, transports, ships, advertises, sells, offers for sale or has in possession for sale any produce in a package shall mark the package and master container with, (a) his or her initials, surname and address, and a firm or corporation shall mark the package with the firm or corporate name and address; (b) the proper designation of the grade of the produce; and (c) the kind of produce, when so packed that the kind of produce is not readily visible. R.R.O. 1990, Reg. 378, s. 12.
Application
13. (1) No person shall, (a) use any registered number or mark assigned to any other person or use any brand, stencil or label designating any other owner, packer or shipper; (b) alter or efface any marks on any package of produce except for the purpose of compliance with this Regulation; or (c) where a grade name is marked on a package, mark the package with any other words or markings in such a manner that the words or markings appear to be part of the grade name or are likely to be mistaken for part of the grade name unless the words or markings comply with this Regulation. R.R.O. 1990, Reg. 378, s. 13 (1). (2) Despite clause (1) (c), (a) where this Regulation requires that a person mark a package to indicate the size of produce in it, the person shall place the markings indicating size adjacent to the grade name; (b) where carrots have been washed prior to being packed, the additional designation “Washed” may be used in connection with any of the grades of carrots; (c) where onions have a minimum diameter of one and one-quarter inches and a maximum of one and three-quarter inches, the additional designation “Small” may be used in connection with Canada No. 1 Grade; (d) where onions have a minimum diameter of three inches the additional designation “Jumbo” may be used in connection with Canada No. 1 Grade; (e) where rutabagas have been completely immersed in a wax solution, the additional designation “Waxed” may be used in connection with the grade of rutabagas; (f) every person who packs potatoes of the Yukon Gold variety in packages shall prominently mark each package “Yukon Gold” in letters no smaller than those of the grade name; and (g) every person who packs potatoes of a yellow-fleshed variety in packages shall mark the principal display surface of each package in bold face type in letters of not less than one-half inch in height with the words, (i) “yellow fleshed”, where the common name of the produce is shown elsewhere on the package, or (ii) “yellow fleshed potatoes”, where the common name of the produce is not shown elsewhere on the package. R.R.O. 1990, Reg. 378, s. 13 (2); O. Reg. 89/95, s. 1.
Application
14. Every person who packs, transports, ships, advertises, sells, offers for sale or has in possession for sale any produce in a package shall mark the package with, (a) in the case of produce imported from outside Canada and repacked within Canada, the words “Product of” followed by the name of the country of origin; and (b) in the case of produce grown within Canada, the words “Product of Canada” or “Product of” followed by the name of the province of origin. R.R.O. 1990, Reg. 378, s. 14.
Application
15. No person shall sell, offer for sale or have in possession for sale at retail any produce unless a sign appears on the display stating, (a) “Product of” followed by the name of the country or Canadian province of origin; (b) where a grade is established under this Regulation, the grade of the produce; (c) the price per unit of weight if sold by weight; (d) the variety for apples and pears; and (e) the word “sweet” or “hot” for peppers. R.R.O. 1990, Reg. 378, s. 15.
Application
16. Every person who advertises produce shall declare the country or Canadian province of origin, the grade of the produce and the measure, weight or size of the package in every advertisement respecting the produce by the use of the words “Product of” followed by the name of the country or Canadian province of origin, as the case may be. O. Reg. 89/95, s. 2.
Application
17. Where this Regulation requires that a person mark a package, a retail display sign or an advertisement with a grade designation and the country or province of origin, the person shall place the country or province of origin markings immediately above, beside or below the grade name and in the same size of lettering as the grade name. O. Reg. 89/95, s. 2.
Application
18. Every person who packs produce in packages shall use the following size marks: 1. For sweet corn, the word “Small” if the ears have, when measured lengthwise, a minimum of four inches and a maximum of six inches of edible corn. 2. For onions when size is specified, the size range on each package or tag. 3. For baskets of peaches or containers of untiered peaches, the minimum diameter prescribed by this Regulation for the grade of peaches therein, or any diameter larger than that minimum. O. Reg. 89/95, s. 3.
Application
19. (1) Every person who packs produce shall mark the numerical count on, (a) cartons of tiered apples, peaches or pears; and (b) non-transparent packages of, (i) cauliflower, (ii) celery, (iii) greenhouse cucumbers of Canada No. 1 grade, and (iv) lettuce. R.R.O. 1990, Reg. 378, s. 19 (1); O. Reg. 89/95, s. 4 (1). (2) Every person who packs cartons, boxes and crates of cabbages, other than those of the half-bushel or bushel capacity, shall mark them with, (a) the net weight of the contents; or (b) the numerical count. R.R.O. 1990, Reg. 378, s. 19 (2); O. Reg. 89/95, s. 4 (2). (3) Every person who packs sweet corn in packages other than transparent packages containing not more than 12 ears, shall mark them with, (a) the net volume of the packages; or (b) the numerical count. R.R.O. 1990, Reg. 378, s. 19 (3); O. Reg. 89/95, s. 4 (3).
Application
20. (1) Every person who packs produce in packages shall mark the net weight of contents on each package of, (a) apples packed in bags; (b) beets, carrots, onions, parsnips, potatoes and rutabagas packed in bags, cartons, boxes or crates other than those of pint, quart, half-bushel and bushel capacity; (c) cabbage packed in bags; (d) field rhubarb packed in closed containers; (e) forced rhubarb; and (f) tomatoes packed in baskets and cartons other than two-quart, four-quart, six-quart, eight-quart or eleven-quart baskets. R.R.O. 1990, Reg. 378, s. 20 (1); O. Reg. 89/95, s. 5 (1). (2) Every person who packs produce in catchweight packages shall mark them to show the net weight of the produce and where the net weight is other than one, one and one-half, two, two and one-half or three pounds, the person shall mark the packages to show the price per unit. O. Reg. 89/95, s. 5 (2).
Application
21. Marks for produce packed in packages shall include, (a) for apples and pears, the name of the variety; and (b) for peppers, the word “sweet” or “hot”. R.R.O. 1990, Reg.378, s. 21.
Application
22. (1) Except as otherwise provided in this section, marks required by this Regulation shall be readily discernible, of a permanent nature and of a size reasonable in proportion to the package, label or retail display sign and in any case shall be not less than one-eighth of an inch in height on tags or tomato tubes, three-sixteenths of an inch in height on bags containing less than ten pounds and one-quarter of an inch in height in all other cases and shall be placed, (a) on one end, or on a label or tag affixed to one end of each box, carton or crate; (b) on one side, or on a label or tag affixed to one side, of each bushel and half-bushel hamper; and (c) subject to subsections (2) and (3), on the handle or one side or end, or on a label or tag affixed to one side or end, of each package other than a package mentioned in clause (a) or (b). R.R.O. 1990, Reg. 378, s. 22 (1). (2) Marks for baskets or cartons of two-quart, four-quart, six-quart, eight-quart or eleven-quart capacity shall include the capacity in letters and figures not less than one-half of an inch in height on the principal display surface. R.R.O. 1990, Reg. 378, s. 22 (2). (3) Marks for cartons of half-bushel and bushel capacity shall include the capacity in letters and figures not less than one-half of an inch in height. R.R.O. 1990, Reg. 378, s. 22 (3). (4) Marks for catchweight packages and advertisements may be less than one-eighth of an inch in height if they are legible. R.R.O. 1990, Reg. 378, s. 22 (4). (5) The marks for bags shall be, (a) stencilled or printed on the bag; (b) interwoven in the bag; (c) on a suitable tag attached to the bag; or (d) on a suitable label or tag within the bag and plainly legible through the bag. R.R.O. 1990, Reg. 378, s. 22 (5). (6) A label may be used in the case of baskets with transparent covers and shall be placed directly under the cover and shall be plainly legible through the cover. R.R.O. 1990, Reg. 378, s. 22 (6).
Application
23. Every person who uses a label on produce packages may at any time be required to submit it to the Director for approval. R.R.O. 1990, Reg. 378, s. 23.
Application
24. Revoked: O. Reg. 89/95, s. 6. PART IV   INSPECTION
Application
25. An inspector may inspect produce according to the grades prescribed under this Regulation or according to such grades or variations of those grades as are provided for by any regulation or order made under the Farm Products Marketing Act. O. Reg. 89/95, s. 7.
Application
26. (1) Every person who requires produce to be inspected shall apply to the nearest inspector or to the Ministry. R.R.O. 1990, Reg. 378, s.  26 (1). (2) An application for inspection may be refused if, (a) it appears trivial; (b) the produce is not available for inspection; (c) the produce has already been inspected; (d) an order under the Farm Products Marketing Act is in effect; (e) another organization has inspectors who are competent to do the inspection; or (f) the applicant owes the Ministry fees for previous inspection services. O. Reg. 89/95, s. 8.
Application
27. A person whose produce is being inspected by an inspector shall provide the inspector with such reasonable assistance as the inspector requires during the inspection. O. Reg. 89/95, s. 9.
Application
28. (1) An inspector shall provide a certificate to a person whose produce he or she has inspected if, (a) the person has made the produce accessible for inspection; and (b) the person has placed the produce so as to disclose its quality and condition. O. Reg. 89/95, s. 9. (2) If the produce has not been sufficiently accessible to enable the inspector to inspect a representative sample, the inspector may inspect and certify that portion of the produce that is accessible for inspection and issue a qualified certificate. O. Reg. 89/95, s. 9.
Application
29. Where an inspector has reason to believe that because of latent defects due to climatic or other conditions the true quality or condition of the produce cannot be determined, the inspector may postpone inspection for such period as he or she considers necessary to enable the true quality or condition of the produce to be determined. R.R.O. 1990, Reg. 378, s. 29.
Application
30. (1) Subject to section 31.1, a person may apply for an appeal inspection if, (a) the person is financially interested in any produce and is dissatisfied with an inspection certificate; or (b) the person has had produce detained and inspected under section 7 of the Act. O. Reg. 89/95, s. 10 (1). (2) The application for an appeal inspection shall state the reasons for appeal and may be accompanied by a copy of any previous inspection certificate or other information possessed by the applicant. R.R.O. 1990, Reg. 378, s. 30 (2). (3) An application for an appeal inspection may be refused where, (a) it appears trivial; (b) the quality or condition of the produce has materially changed; (c) the produce is not accessible for inspection; or (d) an order made under the Farm Products Marketing Act is in effect. R.R.O. 1990, Reg. 378, s. 30 (3); O. Reg. 89/95, s. 10 (2). (4) If an appeal inspection is made, the original inspection certificate shall be deemed to be annulled on the issuance of the appeal inspection certificate. O. Reg. 89/95, s. 10 (3).
Application
31. (1) Subject to section 31.1, a person may apply for a recertification inspection if an inspector has inspected the person’s produce at the person’s request and has issued an inspection certificate. O. Reg. 89/95, s. 11. (2) An inspector may refuse an application for a recertification inspection if it appears trivial. O. Reg. 89/95, s. 11. (3) A certificate issued on a recertification inspection shall be deemed to annul the original inspection certificate. O. Reg. 89/95, s. 11.
Application
31.1 (1) An appeal inspection or a recertification inspection of produce shall not take place unless, (a) the person whose produce is to be inspected has applied to the inspector within 10 hours from the time the original inspection certificate was issued; and (b) the produce to be inspected is intact and readily identifiable. O. Reg. 89/95, s. 11. (2) The inspector may extend the time limit mentioned in clause (1) (a) if it falls on a Saturday or holiday. O. Reg. 89/95, s. 11.
Application
32. In the case of inspections made subsequent to grading and packing, a tolerance of five per cent in addition to the tolerances allowed at the original shipping point shall be allowed for condition defects of which, in the case of potatoes, not more than an additional one per cent may be decay, and in the case of all other commodities, not more than an additional two per cent may be decay. R.R.O. 1990, Reg. 378, s. 32; O. Reg. 89/95, s. 12.
Application
33. Inspection is required of all produce moving by, (a) any vehicle to or from any place designated by the Minister; or (b) any vehicle from, to or through any inspection point designated by the Minister. R.R.O. 1990, Reg. 378, s. 33. PART V   DETENTION
Application
34. An inspector who detains any lot of produce or produce packages may attach thereto a number detention tag, and no person shall alter or deface the tag, or remove the tag from the lot of produce without the written authority of an inspector. R.R.O. 1990, Reg. 378, s. 34.
Application
35. Where an inspector detains any lot of produce or produce packages, no person shall sell, offer for sale, move or allow or cause to be moved, or otherwise dispose of the lot of produce or produce packages without the written authority of an inspector. R.R.O. 1990, Reg. 378, s. 35.
Application
36. (1) An inspector may give written permission for produce which has been placed under detention to be, (a) moved from the point of detention to another designated point; (b) regraded; (c) repacked; or (d) remarked. R.R.O. 1990, Reg. 378, s. 36; O. Reg. 89/95, s. 13 (1). (2) No person shall move or dispose of the produce following the movement, regrading, repacking or remarking until authorized by an inspector. O. Reg. 89/95, s. 13 (2).
Application
37. Where produce under detention is shipped or transported with the written authority of an inspector for the purpose of packing in standard packages it is not subject to the provisions of this Regulation respecting packages and markings. R.R.O. 1990, Reg. 378, s. 37.
Application
38. An inspector who is satisfied that any produce or produce package that has been placed under detention complies with the Act and this Regulation may release the produce or produce package by issuing a detention release. R.R.O. 1990, Reg. 378, s. 38. PART VI   GENERAL
Application
39. (1) The fees payable for requested inspection of produce other than produce for processing, excepting re-certification inspections and appeal inspections, shall be computed on a time basis at the rate of $10 per hour to the nearest half-hour with a maximum daily charge of $50. R.R.O. 1990, Reg. 378, s. 39 (1). (2) The fee for re-certification of produce that has had shipping point inspection but requires re-certification is $5. R.R.O. 1990, Reg. 378, s. 39 (2). (3) For an appeal inspection, (a) where the produce is found to be in accordance with the previous inspection, the fees payable are twice the amount prescribed under subsection (1); and (b) where the produce is found to be not in accordance with the previous inspection, no fees are payable. R.R.O. 1990, Reg. 378, s. 39 (3).
Application
40. Despite section 39 and subject to sections 43 and 44, the fees payable for inspection or grading of produce for processing shall be the cost to the Ministry of providing such inspection or grading. R.R.O. 1990, Reg. 378, s. 40; O. Reg. 89/95, s. 14.
Application
41. The fees under sections 40, 43 and 44 shall be paid within 15 days of receipt of a statement of account from the Director to the Minister of Finance at the address indicated on the statement. O. Reg. 89/95, s. 15.
Application
42. The fees set out in this part may be increased by the amount of travelling, facsimile, telephone or other expenses that are incurred in connection with the inspection of produce. O. Reg. 89/95, s. 15.
Application
42.1 An inspector may refuse an application for inspection services if the applicant has not paid all fees for previous inspection services provided to the applicant. O. Reg. 89/95, s. 15.
Application
43., 44. Revoked: O. Reg. 40/99, s. 1. PART VII   FRESH FRUIT AND VEGETABLE GRADE STANDARDS
Application
45. (1) The grade names adopted or established in this Part shall only be applied to or used in connection with produce grown in Canada. R.R.O. 1990, Reg. 378, s. 45 (1). (2) The grade names to be applied to or used in connection with imported produce are the same as those for produce grown in Canada except that the words “Canada” and “Ontario” are deleted from them. R.R.O. 1990, Reg. 378, s. 45 (2). (3) Produce imported into Ontario that bears a grade name formed in accordance with subsection (2) shall comply with the same grade standards, established under the Canada Agricultural Products Act and adopted in this Part, as produce grown in Canada that bears a corresponding grade name. R.R.O. 1990, Reg. 378, s. 45 (3). (4) As of the 1st day of July, 1990, no person shall be in conformity with clause 15 (b) and section 16 of this Regulation, unless the person uses a grade name formed in accordance with subsection (2) when stating the grade of imported produce. R.R.O. 1990, Reg. 378, s. 45 (4). (5) As of the 1st day of January, 1991, no person shall be in conformity with clause 12 (b) of this Regulation, unless the person uses a grade name formed in accordance with subsection (2) when designating the grade of imported produce. R.R.O. 1990, Reg. 378, s. 45 (5). (6) A reference in this Part to anything established under the Canada Agricultural Products Act is a reference to that thing established by that Act or the regulations made under it, as amended from time to time. O. Reg. 331/08, s. 4. Apples
Apples
46. (1) The following grade names for apples and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada Extra Fancy Grade. 2. Canada Fancy Grade. 3. Canada Commercial Grade. 4. Canada Commercial Cookers Grade. 5. Canada Hailed Grade. R.R.O. 1990, Reg. 378, s. 46 (1); O. Reg. 331/08, s. 5. (2) Despite the Fresh Fruit and Vegetable Regulations made under the Canada Agricultural Products Act, apples packed in Ontario, for sale in Ontario, shall be of a diameter of not less than 23/8 inches. R.R.O. 1990, Reg. 378, s. 46 (2).
Apples
47. Apples that meet the requirements for Canada Commercial Grade apples may be alternatively designated as Canada Cee Grade or Canada “C” Grade. R.R.O. 1990, Reg. 378, s. 47. Asparagus
Asparagus
48. The following grade names for asparagus and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 1 Slender Grade. 3. Canada No. 2 Grade. O. Reg. 331/08, s. 6.
Asparagus
49. (1) Where asparagus is marketed according to the diameter of the asparagus stalks, one of the designations set out in subsection (2) shall be used in addition to the grade name. R.R.O. 1990, Reg. 378, s. 49 (1). (2) For the purposes of subsection (1), the diameter grades of asparagus are, (a) “medium”, where the asparagus stalks have a minimum diameter of 5/16 inch and a maximum diameter of 9/16 inch; (b) “large”, where the asparagus stalks have a minimum diameter of 1/2 inch and a maximum diameter of 13/16 inch; and (c) “jumbo”, where the asparagus stalks have a minimum diameter of 3/4 inch. R.R.O. 1990, Reg. 378, s. 49 (2).
Asparagus
50. Each eleven-quart basket of bunched asparagus shall weigh not less than twelve pounds net weight and, where asparagus is sold or offered for sale by the bunch, each bunch shall, (a) weigh either eight ounces or sixteen ounces; or (b) be sold on an exact weight and price per unit weight basis. R.R.O. 1990, Reg. 378, s. 50. Beets
Beets
51. The following grade names for topped beets and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 51. Cabbage
Cabbage
52. The following grade names for cabbage and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 52. Cantaloups
Cantaloups
53. The following grade name for cantaloups and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, is hereby adopted in whole: 1. Canada No. 1 Grade. O. Reg. 331/08, s. 7.
Cantaloups
54. (1) Ontario No. 2 Grade is the grade name for cantaloups that are, (a) fairly clean, mature, sound and of one variety; (b) free from insects, insect larva and decay; and (c) properly packed. R.R.O. 1990, Reg. 378, s. 54 (1); O. Reg. 331/08, s. 8. (2) Tolerances by count for variations incidental to the commercial grading and handling of cantaloups of Ontario No. 2 Grade are the same as for Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 54 (2); O. Reg. 331/08, s. 8. Carrots
Carrots
55. The following grade names for topped carrots and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Revoked: O. Reg. 331/08, s. 9. 3. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 55; O. Reg. 331/08, s. 9. Cauliflowers
Cauliflowers
56. The following grade names for cauliflowers and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 56. Celery
Celery
57. The following grade names for celery and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 1 Heart Grade. 3. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 57. Cherries
Cherries
58. The following grade names for cherries and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada Domestic Grade. 3. Canada Orchard Run Grade. R.R.O. 1990, Reg. 378, s. 58. Corn (Sweet)
Corn (Sweet)
59. The following grade name for sweet corn and the grade, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 59. Cucumbers (Field)
Cucumbers (Field)
60. The following grade names for field cucumbers and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 60. Cucumbers (Greenhouse)
Cucumbers (Greenhouse)
61. The following grade names for greenhouse cucumbers and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 61.
Cucumbers (Greenhouse)
62. (1) Ontario Utility Grade is the grade name for long, seedless greenhouse cucumbers that are, (a) fresh, sound, firm, clean and free from disease; (b) free from decay; (c) free from any injury or defect or a combination thereof that seriously affects the edibility of the cucumber; and (d) properly packed. R.R.O. 1990, Reg. 378, s. 62 (1). (2) Tolerances by count for variations incidental to commercial grading and handling of greenhouse cucumbers of Ontario Utility Grade shall not be more than, (a) 1 per cent affected by decay; (b) 5 per cent having the same grade defects, except decay; and (c) 10 per cent having grade defects including those referred to in clauses (a) and (b). R.R.O. 1990, Reg. 378, s. 62 (2). Grapes
Grapes
63. The following grade names for grapes and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada Domestic Grade. R.R.O. 1990, Reg. 378, s. 63.
Grapes
64. Despite the varietal requirements of Canada No. 1 Grade, grapes that, (a) are of different varieties and colours; (b) are packed in approximately equal proportions in packages that, (i) do not exceed six quarts in capacity, and (ii) are marked with the words “Mixed Varieties”; and (c) in all other respects, meet the requirements for Canada No. 1 Grade, may be designated as Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 64. Head Lettuce (Iceberg Type)
Head Lettuce (Iceberg Type)
65. The following grade names for lettuce and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 65. Onions
Onions
66. The following grade names for onions, other than green onions, and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 1 Pickling Grade. 3. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 66.
Onions
67. Prior to the 16th day of September in any year, onions grown during that year which do not comply with the firmness and neck dryness requirements of Canada No. 1 Grade, but that comply with all other requirements of Canada No. 1 Grade, and (a) are cured so that the neck is moderately dry; and (b) yield only slightly to moderate pressure, shall be deemed to meet the requirements of Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 67. Parsnips
Parsnips
68. The following grade names for topped parsnips and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Revoked: O. Reg. 331/08, s. 10. 3. Canada No. 2 Grade. R.R.O. 1990, Reg 378, s. 68; O. Reg. 331/08, s. 10. Peaches
Peaches
69. The following grade name for peaches and the grade, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 69.
Peaches
70. (1) Ontario Domestic Split-pit Grade is the grade name for peaches that are, (a) sound, mature, clean, hand-picked and one variety; (b) of a minimum diameter of 21/8 inches; (c) offered for sale or sold prior to the 15th day of August; (d) free from worm injury; (e) free from russeting that affects an aggregate of more than 5 per cent of the surface area of a peach; (f) free from limb rub that affects more than 5 per cent of the surface area of a peach; (g) free from hail marks that affect more than 10 per cent of the surface area of a peach and that have indented the skin more than slightly or have broken the skin; (h) free from mildew, scab or ink spots and oak bug injury that affects more than 5 per cent of the surface area of a peach; (i) free from slight deformities that affect more than 15 per cent of the surface of a peach; (j) free from any combination of two or more of the defects referred to in clause (e), (f), (g), (h) or (i) the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination; (k) free from any damage, injury or defect or a combination thereof, that is not referred to in clause (e), (f), (g), (h) or (i) and that materially affects their appearance, edibility or shipping quality; and (l) properly packed. R.R.O. 1990, Reg. 378, s. 70 (1). (2) The tolerances by count for variations incidental to commercial grading and handling of peaches of Ontario Domestic Split-pit Grade shall be the same as for Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 70 (2).
Peaches
71. Despite the maturity requirements under Canada No. 1 Grade, the firmness for peaches shall not exceed fifteen pounds as indicated by a pressure tester having a five-sixteenths of an inch plunger. R.R.O. 1990, Reg. 378, s. 71.
Peaches
72. Sales of peaches directly to consumers from the premises on which they are produced are exempt from sections 69 and 70 providing, (a) the peaches are packed in containers other than four quart, four litre or six quart baskets, panta pak boxes or two-third bushel cartons; (b) the containers in which the peaches are displayed and sold are marked with the word “UTILITY” in letters of at least one inch in height; and (c) the peaches are not advertised. R.R.O. 1990, Reg. 378, s. 72. Pears
Pears
73. The following grade names for pears and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada Extra Fancy Grade. 2. Canada Fancy Grade. 3. Canada Commercial Grade. R.R.O. 1990, Reg. 378, s. 73.
Pears
74. Ontario No. 3 Grade is the grade name for pears that are, (a) sound, mature, hand-picked and of one variety; (b) free from bruises that affect more than 15 per cent of the surface of a pear; (c) free from leaf roller injury that has deformed more than 25 per cent of the surface area of a pear; (d) free from insect injury that has broken the skin or that affects more than 15 per cent of the surface area of a pear; (e) free from limb rub or leaf marks that affect more than 15 per cent of the surface area of a pear; (f) free from hail injury that has broken the skin or that affects an area that exceeds three-quarters of an inch in diameter; (g) free from sun-scald or spray burn that affects more than 15 per cent of the surface area of a pear; (h) free from skin punctures, (i) in the case of pears of any variety other than those of Anjou variety, or (ii) in the case of pears of Anjou variety, that exceed two per pear and that exceed one-eighth of an inch in diameter; (i) free from drought spots that depress or discolour the surface more than slightly; (j) free from scab spots that affect more than 15 per cent of the surface area of a pear; (k) free from deformities other than slight deformities; (l) free from any combination of two or more of the defects referred to in clause (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k), the total area of which exceeds the greater single area tolerance prescribed for the particular defects of the combination; (m) free from any damage, injury or defect or a combination thereof, that is not referred to in clause (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) and that materially affects their appearance, edibility or shipping quality; (n) of a minimum diameter of, (i) 11/2 inches for all varieties, other than those of Seckel variety, and (ii) one inch for Seckel variety; and (o) properly packed. R.R.O. 1990, Reg. 378, s. 74.
Pears
75. Tolerances by count for variations incidental to the commercial grading and handling of pears of Ontario No. 3 Grade are the same as for Canada Fancy Grade. R.R.O. 1990, Reg. 378, s. 75.
Pears
76. Pears that meet the requirements for Canada Fancy Grade may be alternatively designated as Canada No. 1 and pears that meet the requirements for Canada Commercial Grade may be alternatively designated as Canada Cee Grade, Canada “C” Grade or Canada Domestic Grade. R.R.O. 1990, Reg. 378, s. 76. Peppers
Peppers
77. (1) Ontario No. 1 Grade is the grade name for peppers that are, (a) of similar varietal characteristics; (b) firm and not soft or shrivelled; (c) free from insects, insect larvae and insect injury; (d) free from bruises or mechanical injury; (e) free from disease; (f) free from decay; (g) free from any damage, injury or defect or combination thereof that is not referred to in clause (a), (b), (c), (d), (e) or (f) and that materially affects their appearance, edibility or shipping quality; and (h) properly packed. R.R.O. 1990, Reg. 378, s. 77 (1). (2) Tolerances by count for variations incidental to commercial grading and handling of peppers shall not be more than, (a) 3 per cent affected by decay; (b) 5 per cent having the same grade defects; and (c) 10 per cent having grade defects including those referred to in clauses (a) and (b). R.R.O. 1990, Reg. 378, s. 77 (2). Plums and Prunes
Plums and Prunes
78. The following grade name for plums and prunes and the grade, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 78.
Plums and Prunes
79. The firmness for Shiro plums shall not exceed ten pounds as indicated by a pressure tester having a five-sixteenths of an inch plunger. R.R.O. 1990, Reg. 378, s. 79.
Plums and Prunes
80. (1) Each two-thirds bushel carton of plums or prunes shall have a minimum gross weight of thirty-one pounds or 14.1 kilograms. R.R.O. 1990, Reg. 378, s. 80 (1). (2) A master container of three four litre baskets of plums or prunes shall have a minimum gross weight of twenty-four pounds or 10.9 kilograms. R.R.O. 1990, Reg. 378, s. 80 (2). Potatoes
Potatoes
81. The following grade names for potatoes and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Revoked: O. Reg. 331/08, s. 11. 3. Canada No. 2 Grade. R.R.O. 1990, Reg. 378, s. 81; O. Reg. 331/08, s. 11.
Potatoes
83. The Director may in his or her discretion grant an extension of the period for marketing 17/8 inches minimum diameter new potatoes of Ontario No. 1 Grade or Ontario No. 2 Grade beyond the 15th day of September in any year. R.R.O. 1990, Reg. 378, s. 83. Raspberries
Raspberries
84. (1) Ontario No. 1 Grade is the grade name for raspberries sold or offered for sale on a grade basis that are, (a) fresh picked, clean, sound, mature, whole, ripe, firm and of one variety; (b) free from mould, mildew or other decay, cores, stems, leaves or other foreign matter, green or dried raspberries; and (c) uniform in size and at least one-half of an inch in diameter. R.R.O. 1990, Reg. 378, s. 84 (1). (2) The tolerances by volume for variation incidental to the commercial grading, packing and handling of raspberries sold or offered for sale on a grade basis, shall not be more than, (a) 5 per cent below the prescribed size; and (b) 10 per cent below the other requirements of the grade. R.R.O. 1990, Reg. 378, s. 84 (2). Rhubarb (Field)
Rhubarb (Field)
85. The following grade names for field rhubarb and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada Domestic Grade. R.R.O. 1990, Reg. 378, s. 85. Rhubarb (Forced)
Rhubarb (Forced)
86. (1) Ontario No. 1 Grade is the grade name for stalks of forced rhubarb of similar varietal characteristics that are, (a) well coloured, clean, reasonably straight and well trimmed; (b) fresh, tender and not pithy; (c) including attached leaf, free from decay or disease; (d) free from damage caused by scars, insects, bruising, scratching, splits, skinning, or by mechanical or other means; (e) at least fifteen inches in length from the end of the stalk to the tip, with or without leaves; and (f) at least one-half of an inch in diameter at the greatest distance across the flat face of the stalk at the centre of its length measured from the end of the stalk to the base of the leaves. R.R.O. 1990, Reg. 378, s. 86 (1). (2) Ontario No. 2 Grade is the grade name for stalks of forced rhubarb that are, (a) fresh, clean and not pithy; (b) including attached leaf, free from decay or disease; (c) free from damage caused by scars, insects, bruising, scratching, splits or skinning or by mechanical or other means; (d) well trimmed and reasonably well coloured; and (e) at least eight inches in length exclusive of the leaves. R.R.O. 1990, Reg. 378, s. 86 (2). (3) In this section, “damage” means any injury or defect that materially affects the appearance, edibility or shipping quality of the stalks; “fresh” means not withered; “reasonably straight” means that the stalk does not have more than one-half twist and is not bent or crooked; “reasonably well coloured” means that a pink or red colour predominates on at least one-half of the length of the stalk measured from the lower end of the stalk to the base of the leaves; “similar varietal characteristics” means that the stalks are alike in general characteristics; “well coloured” means that a pink or red colour predominates on at least three-quarters of the length of the stalk measured from the end of the stalk to the base of the leaves; “well trimmed” means that a minimum of 80 per cent of each basal husk has been removed. R.R.O. 1990, Reg. 378, s. 86 (3). (4) Tolerances, by count of the stalks, for variations incidental to commercial grading and handling of Ontario No. 1 Grade forced rhubarb shall be not more than, (a) 5 per cent having the same grade defect; (b) 5 per cent affected by decay or disease; and (c) 10 per cent having grade defects of any kind including those referred to in clauses (a) and (b). R.R.O. 1990, Reg. 378, s. 86 (4). (5) Tolerances, by count of the stalks, for variations incidental to commercial grading and handling of Ontario No. 2 Grade forced rhubarb shall be not more than, (a) 10 per cent having excess basal husks; (b) 10 per cent affected by decay or disease; (c) 10 per cent having any other single defect; and (d) 15 per cent having grade defects of any kind, including those referred to in clauses (a), (b) and (c). R.R.O. 1990, Reg. 378, s. 86 (5). Rutabagas
Rutabagas
87. The following grade name for rutabagas and the grade, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 87. Strawberries
Strawberries
88. (1) The following grade name for strawberries and the grade, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole for strawberries that are sold or offered for sale on a grade basis: 1. Canada No. 1 Grade. R.R.O. 1990, Reg. 378, s. 88 (1). (2) Strawberries that are not sold or offered for sale on a grade basis and that are sold for a purpose other than for processing shall be free from, (a) bird pecks; (b) slug injury; (c) green tips; (d) individual strawberries that are immature; (e) individual strawberries that are misshapen; and (f) individual strawberries that are dirty. R.R.O. 1990, Reg. 378, s. 88 (2). (3) Tolerances by count for variations incidental to commercial grading and handling of strawberries that are not sold or offered for sale on a grade basis and that are sold for a purpose other than for processing, shall be not more than, (a) 5 per cent having any single defect referred to in subsection (2); and (b) 10 per cent having any of the defects referred to in subsection (2). R.R.O. 1990, Reg. 378, s. 88 (3). Tomatoes (Field)
Tomatoes (Field)
89. The following grade names for field tomatoes and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. 3., 4. Revoked: O. Reg. 331/08, s. 12. R.R.O. 1990, Reg. 378, s. 89; O. Reg. 331/08, s. 12.
Tomatoes (Field)
90. Revoked: O. Reg. 331/08, s. 13. Tomatoes (Greenhouse)
Tomatoes (Greenhouse)
91. (1) The following grade names for greenhouse tomatoes and the grades, standards and tolerances therefor, established under the Canada Agricultural Products Act, are hereby adopted in whole: 1. Canada No. 1 Grade. 2. Canada No. 2 Grade. 3. Canada Commercial Grade. 4. Revoked: O. Reg. 331/08, s. 14. R.R.O. 1990, Reg. 378, s. 91 (1); O. Reg. 331/08, s. 14. (2) Ontario Jumbo Grade is the grade name for greenhouse tomatoes that are, (a) clean, sound and not soft; (b) possessing at least a tinge of pink at the blossom end and uniformly coloured; (c) of a minimum diameter of 21/2 inches; (d) free from disease, scald, water blisters, ground spots, worm holes, growth cracks and other scars that are likely to cause leaking or materially affect the appearance of the tomato; (e) free from damage caused by blossom ends, plant or stem-rub and insect injury; (f) free from any damage, injury or defect or a combination thereof that is not referred to in clause (a), (b), (c), (d) or (e) and that causes a waste of more than 5 per cent of an individual tomato or that affects the edible quality of an individual tomato; and (g) properly packed. R.R.O. 1990, Reg. 378, s. 91 (2). (3) Tolerances by count for variations incidental to commercial grading and handling of greenhouse tomatoes of Ontario Jumbo Grade shall be not more than, (a) 1 per cent affected by decay; (b) 5 per cent having the same grade defect; and (c) 10 per cent having grade defects of any kind including those referred to in clauses (a) and (b). R.R.O. 1990, Reg. 378, s. 91 (3). PART VIII   PROCESSING