R.R.O. 1990, Reg. 377: GRADES - CHRISTMAS TREES

Farm Products Grades and Sales Act
Loi sur le classement et la vente des produits agricoles

R.R.O. 1990, REGULATION 377

GRADES — CHRISTMAS TREES

Note: This Regulation was revoked on December 21, 2009. See: O. Reg. 504/09, ss. 1, 2.

Last amendment: O. Reg. 504/09.

This Regulation is made in English only.

Definitions

1. In this Regulation,

“candlestick taper” means that a Christmas tree forms a cone the base of which is less than 40 per cent of its height as viewed from the best face of the tree;

“Christmas tree” means a tree, whether sheared or unsheared, that is,

(a) sold, offered for sale or intended to be sold severed from its root system and with its bark, branches and foliage mainly intact, and

(b) of the coniferous species, including but not limited to,

(i) Douglas fir (Pseudotsuga Menziesii),

(ii) Balsam fir (Abies balsamea),

(iii) Black spruce (Picea mariana),

(iv) White spruce (Picea glauca),

(v) Scotch pine (Pinus sylvestris),

(vi) Norway spruce (Picea excelsa),

(vii) Red Pine (Pinus resinosa), and

(viii) Red spruce (Picea rubens);

“clean” means almost entirely free from moss, lichen growth, vines or other foreign material which detracts from the appearance of the Christmas tree;

“crow’s nest” means a cluster of short branches forming a compact nest type of whorl arrangement;

“curved stem” means a bend in the stem of a Christmas tree that affects the appearance and balance of the tree;

“defects” includes one or more of the following conditions or any variation thereof:

1. A decided gap or abnormal space between whorls of branches.

2. Unduly long branches.

3. Excessively uneven density in any face.

4. Weak branches.

5. Broken branches.

6. A lower whorl which is barren of needles or branches.

7. An opening in the foliage of considerable size caused by a lack of branches or foliage.

8. A stem whose length above the top whorl of branches is excessively long in relation to the overall height of the Christmas tree.

9. An incomplete whorl of branches.

10. A handle which is not proportionate to the height of the Christmas tree.

11. A curved stem.

12. Multiple stems, either above or below the top whorl of branches.

13. A crow’s nest.

14. A goose neck.

15. Galls on the branches in noticeable quantity.

16. An abnormal loss of needles.

17. An abnormal curling of needles.

18. A noticeable presence of dead twigs;

“density” means density of foliage;

“Director” means the Director appointed under the Act;

“face” means the surface area of a Christmas tree lying within 45 degrees, measured radially from and perpendicular to the stem, on either side of a straight centre line connecting the vertex of the cone formed by the tree and the circumference of the base of the cone;

“fairly clean” means moderately free from moss, lichen growth, vines or other foreign material which detracts from the appearance of the Christmas tree;

“flaring taper” means that a Christmas tree, other than of the genus pinus, forms a cone the base of which is more than 70 per cent of its height or, in the case of a Christmas tree of the genus pinus, forms a cone the base of which is more than 80 per cent of its height as viewed from the best face of the tree;

“fresh” means that the needles are pliable and generally firmly attached with not more than slight shattering at room temperature;

“goose neck” means a stem that has a greater distance than usual between two whorls of branches;

“handle” means that portion of the stem between the butt or base of a Christmas tree and the lowest complete whorl of foliated branches;

“healthy” means fresh and natural in appearance;

“height” means the distance from the butt or base of a Christmas tree to the top of the tree;

“inspection” means inspection by an inspector appointed under the Act and “inspected” has a corresponding meaning;

“normal taper” means that a Christmas tree, other than of the genus pinus, forms a cone, the base of which is more than 40 per cent and less than 70 per cent of its height or, in the case of a Christmas tree of the genus pinus, forms a cone the base of which is more than 40 per cent and less than 80 per cent of its height as viewed from the best face of the tree;

“stem” means the trunk of a Christmas tree from the base or butt of the tree to the top of the tree;

“well trimmed” means that all barren branches below the first whorl of branches have been removed and the butt of the stem has been smoothly cut at approximately right angles to the stem. R.R.O. 1990, Reg. 377, s. 1; O.Reg. 151/91, s. 1.

2. Christmas trees are designated as farm products. R.R.O. 1990, Reg. 377, s. 2.

3. This Regulation applies to the grading and sale of Christmas trees in Ontario. R.R.O. 1990, Reg. 377, s. 3.

General

4. (1) No person shall,

(a) sell, offer for sale, advertise or represent any Christmas tree as having been graded unless such tree has been graded in accordance with this Regulation;

(b) misrepresent the grade of any Christmas tree; or

(c) attach any tag to a Christmas tree describing or relating to the grade of such Christmas tree unless the markings on such tag comply with this Regulation.

(2) No person shall sell or offer for sale any Christmas tree the handle of which measures less than one inch in length for every foot of the tree’s height. R.R.O. 1990, Reg. 377, s. 4.

Grading

5. (1) Any person who is a grower of Christmas trees or who is in possession of Christmas trees may apply to the Director to have such trees inspected. R.R.O. 1990, Reg. 377, s. 5 (1); O.Reg. 151/91, s. 2.

(2) Any person making application under subsection (1) shall submit such application to the Director prior to the 1st day of June in the year in which such person proposes to sell the Christmas trees.

(3) Any person making application under subsection (1) shall grade the Christmas trees prior to inspection and shall attach to each tree a grade tag in accordance with section 6 indicating the grade to which the tree conforms under section 12.

(4) For the purposes of grading Christmas trees, each Christmas tree shall be deemed to have four faces, the centre lines of which are at ninety degree intervals around the tree measured radially from and perpendicularly to the stem. R.R.O. 1990, Reg. 377, s. 5 (2-4).

6. (1) Every grade tag attached to a Christmas tree under subsection 5 (3) shall include,

(a) the name and address of the person who applied for the inspection;

(b) the grade of the tree; and

(c) in the case of a tree imported from outside Canada, the country of origin.

(2) All letters and figures marked on a grade tag in accordance with subsection (1) shall be at least one-quarter of an inch in height. R.R.O. 1990, Reg. 377, s. 6.

Inspection

7. Upon receipt of an application, the Director may cause the Christmas trees referred to in the application to be inspected. R.R.O. 1990, Reg. 377, s. 7; O. Reg. 151/91, s. 3.

8. (1) For variations incidental to proper grading and handling, the tolerance set out in subsection (2) is permitted in any lot of Christmas trees at the time the trees are inspected.

(2) Ten per cent of the Christmas trees in a lot may be below the requirements for the grade marked on grade tags attached thereto but not more than 5 per cent shall be below the requirements for the grade next lower than that marked on the grade tags.

(3) In calculating the tolerance referred to in subsection (2), percentages shall be calculated on the basis of actual count using individual trees as the units.

(4) The tolerance referred to in subsection (2) does not apply to Christmas trees sold, offered for sale or advertised for sale at retail. R.R.O. 1990, Reg. 377, s. 8.

9. (1) After every inspection the inspector shall complete an inspection certificate. R.R.O. 1990, Reg. 377, s. 9 (1); O. Reg. 151/91, s. 4.

(2) The inspector shall serve a copy of the inspection certificate upon the person who applied for the inspection by delivering it to the person or by mailing it to the person at the address shown on the application. R.R.O. 1990, Reg. 377, s. 9 (2).

Detention

10. (1) Where an inspector detains any Christmas tree or lot of trees, the inspector may attach thereto a numbered detention tag.

(2) No person shall, without the written authority of an inspector, sell, offer for sale, transport or cause to be transported any Christmas tree or lot of trees that have been detained or remove any detention tag. R.R.O.1990, Reg. 377, s. 10.

Fees

11. Where the services of an inspector are required for inspecting Christmas trees, the fees payable shall be at the cost of the services and the method of payment shall be determined by negotiation between the director and the person who applied for the services. R.R.O. 1990, Reg.377, s. 11.

Grades for Christmas Trees

12. (1) The grades for Christmas trees are as follows:

1. Ontario Premium, consisting of Christmas trees of any height that possess the characteristics typical of the species and that are fresh, clean, healthy, well trimmed, of not less than medium density, with normal taper and with each of the four faces free from defects.

2. Ontario No. 1 or Ontario Choice, consisting of Christmas trees of any height that possess the characteristics typical of the species and that are fresh, clean, healthy, well trimmed, of not less than medium density, with normal taper and with three faces free from defects.

3. Ontario Standard, consisting of Christmas trees of any height that possess the characteristics typical of the species and that are fresh, fairly clean, healthy, well trimmed, of not less than light density, with candlestick taper, normal taper or flaring taper and with two adjacent faces free from defects.

(2) Christmas trees that fail to meet the requirements of Ontario Premium, Ontario No. 1, Ontario Choice or Ontario Standard shall have affixed thereto grade tags bearing the words “Below Grading Standards”. R.R.O. 1990, Reg. 377, s. 12.

13. Revoked: O. Reg. 5/09, s. 1.

FORMS 1, 2 Revoked: O. Reg. 151/91, s. 5.