Category: Regulated marketing appeal
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Decision: Skye Hi Farms Inc. and Van Ginkel d.b.a. V3 Farms v. British Columbia Broiler Hatching Egg Commission
Appeal of BCBHEC’s quota allotment decision to grant a stay. Appellants argue procedural fairness and sound marketing policy issues. The decision was related to Amending Order 11.
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Dismissal: Prokam Enterprises Ltd. v British Columbia Vegetable Marketing Commission
Appeal of BCVMC’s decision to deny a delivery allocation transfer to multiple transferees. The appellant was a proposed transferee but was excluded after the transferor chose to transfer its entire allocation to another party. The decision was related to BCVMC’s January 14, 2015 denial of the original transfer application.
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Decision: Mountain Valley Dairy Ltd. v. British Columbia Milk Marketing Board
Appeal of BCMMB’s refusal to reconsider Mountain Valley’s licensing and pricing structure. Mountain Valley Dairy Ltd. argued for a new license class to support small on-farm niche processors, citing challenges in the current regulatory framework. The decision was related to the BCMMB’s Consolidated Order and the 2005 Specialty Review.
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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.