Exemptions under the Test Marketing Provision of the Fresh Fruit and Vegetable Regulations
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2.3 (1) Where any produce, or a container or label thereof, does not meet the requirements of these Regulations, a dealer may apply in writing to the Minister for an exemption from the requirements of these Regulations to test market the produce.
(2) The Minister may, in writing, authorize the dealer to test market the produce for a period of up to 24 months, where:
(a) the Minister is satisfied, based on information available to the Minister, that the test market for that produce is valid; and
(b) the dealer provides the Minister with evidence that:
(i) the container to be used is suitable for the produce,
(ii) the labelling of the container is not misleading as to the nature, quantity, quality, composition, character, safety, value, variety or origin of the produce, and
(iii) the produce meets the requirements of section 3.1.
These test marketing provisions would provide the opportunity to evaluate new marketing ideas on the marketplace prior to making permanent regulatory amendments. If the test market is successful, the Regulations would be amended. Test marketing provisions facilitate the introduction of, among other things, modifications to grade requirements, package sizes, etc. into the marketplace and provides an opportunity to assess consumer acceptance and market impact.
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