Category: Regulated marketing appeal
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Decision: Flamingo Foods Ltd. v. BC Milk Marketing Board
Appeal of BCMMB’s enforcement decision to require immediate payment plus interest based on audit findings. The appellant disputes the accuracy of the audit, which concluded it underpaid for enriched milk used in specialty cheese production under the Domestic Dairy Product Innovation Program. The decision was related to Milk Board Orders 38(2) and 39(5).
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Decision: Island Vegetable Cooperative Association v British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s policy decision to restrict Delivery Allocation transfers to 100% of a crop period to a single transferee. The appellant argued that VMC failed to consult meaningfully and acted prematurely. The decision was related to Amending Order 43 (AO 43), which amended Part XVII, section 14 of the Consolidated General Order.
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Dismissal: Oranya Farms II Holdings Inc. v British Columbia Chicken Marketing Board
Appeal of BCCMB’s decision to convert certified organic chicken from specialty to mainstream.
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Decision: Vantreight, d.b.a. Vantreight Farms v. British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s refusal to allow direct marketing of organic storage crops outside a designated agency. Vantreight argued that organic crops should not be subject to the same regulations as conventional crops.
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Decision: Oranya Farms II Holdings Inc. and Thomas Reid Farms v British Columbia Chicken Marketing Board
Appeal of BCCMB’s decision to amend its General Orders by reclassifying Certified Organic chicken as mainstream and removing minimum price and production controls. Appellants claimed the changes created predatory pricing and market instability, and sought a stay of implementation pending a supervisory review and appeal.
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Decision: Paul Kuszyk, Three Gates Farm v. B.C. Chicken Marketing Board
BCFIRB dismisses Paul Kuszyk’s appeal against BCCMB’s decision to deny his request to remove transfer restrictions on incentive quota offered to new entrant growers on Vancouver Island.
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Decision: South Alder Holdings Ltd. v. B.C. Chicken Marketing Board
The BCFIRB denied South Alder Holdings Ltd.’s appeal to regrow 24,618 kg of production lost in period A89 due to a combination of colibacillosis outbreak and avian influenza quarantine. The board found no force majeure event, as performance was not rendered impossible.
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Decision: Vanmar Poultry Ltd. v. British Columbia Chicken Marketing Board
Appeal of a BCCMB decision to apply OFFSAP non-compliance penalties to later quota periods (A-89, A-90) after an administrative error prevented their application in the original periods.
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Summary Dismissal: Ronald and Stephanie Smits v British Columbia Milk Marketing Board
Appeal of BCMMB’s decision to deny participation in the Cottage Industry Program based on subsection 1(2) of the Cottage Industry Program Rules. Appellants claimed the rule disqualifying those with a financial interest in quota was unfair.
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Procedural Decision: Saputo Inc. v. British Columbia Milk Marketing Board
The decision addresses procedural issues concerning the participation of a panel member due to potential conflicts of interest, and Saputo Inc.’s concerns about document disclosure and hearing scheduling. The panel member recused himself, and Saputo was instructed to follow BCFIRB’s procedures for confidentiality and adjournment requests.