OAFRAAT 2004

The appellant, a milk producer, appealed a decision by the Director of Regulatory Compliance permanently shutting him off from the milk market after he was caught transferring milk from his son's farm into his own bulk tank.

The Tribunal found that the appellant did contravene Regulation 761 by receiving the transferred milk.

However, the Tribunal held that the Director exceeded his authority in permanently shutting off the appellant, as the regulation only permitted a monetary penalty of $2 per hectolitre for a first offence within a 12-month period.

The appeal was granted and the penalty was reduced accordingly.

The appellant, a hog assembler, appealed decisions of the respondent marketing board refusing to amend its policies regarding the marketing of 'lightweight' or 'off sort' hogs.

The appellant sought exemptions to allow it to market hogs in certain weight ranges and 'chance hogs' outside the respondent's single-desk system, arguing it needed these hogs to fill truckloads efficiently.

The Tribunal dismissed the appeals regarding weight categories and chance hogs, finding that altering the single-desk status would erode the respondent's marketing power and be contrary to the marketing plan.

The Tribunal remitted a new 5% exemption proposal back to the respondent for consideration.

However, the Tribunal granted the appellant's request to retain a $0.25 per hog administration fee from service charges collected for the respondent on off-sort hogs.

The appellant appealed a decision of the Ontario Flue-Cured Tobacco Growers' Marketing Board to seize and destroy carryover tobacco and tobacco grown in 2003.

The Tribunal found that the carryover tobacco grown under a sharegrower arrangement could not be marketed because the quota holders had sold their quota.

The Tribunal also found that the 2003 tobacco was grown without a licence and without basic production quota.

The Tribunal ordered that all carryover tobacco, except for 7,400 lbs., and all tobacco grown in 2003 be destroyed.