【文章內(nèi)容簡介】 IONS AND ORDERS ss. 11 to Exclusive jurisdiction s. 12(1) 12. (1) The Board has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Board is given jurisdiction by section 9, and the Tribunal has sole and exclusive jurisdiction to hear and determine all questions of fact or law in relation to any matter over which the Tribunal is given jurisdiction by this Act and the Agriculture and AgriFood Administrative Moary Penalties Act. Review by Federal Court s. 12(2) (2) Subject to section 10, a decision or order of the Board and a decision or order of the Tribunal may only be reviewed under the Federal Court Act. ENFORCEMENT OF DECISIONS AND ORDERS ss. 11 to Chairperson s. (1) (1) The jurisdiction of the Tribunal in relation to the following matters shall be exercised by the Chairperson of the Tribunal: (a) applications under subsection 10(1)。 (b) requests under subsection 8(1) or 12(2) of the Agriculture and AgriFood Administrative Moary Penalties Act for a review in respect of a notice of violation that contains a warning。 and (c) requests under paragraph 9(3)(c) or subsection 13(2) of that Act for a review in respect of a notice of violation that sets out a penalty of less than $2,000. Other legally qualified members s. (2) (2) The jurisdiction of the Tribunal in relation to a matter referred to in subsection (1) may be exercised, where the Chairperson of the Tribunal so directs, by any member of the Tribunal with the legal qualifications described in subsection (2). Reviews under other Act s. Reviews by the Tribunal under the Agriculture and AgriFood Administrative Moary Penalties Act shall be heard by a single member of the Tribunal. REGISTERED ESTABLISHMENTS AND ACCREDITED LABORATORIES s. 13 to 14 Registered establishments s. 13 13. It shall be a condition of the registration and operation of an establishment as a registered establishment under this Act that the establishment and all agricultural products in it are subject to this Act and the regulations. Accredited laboratories s. 14 14. For the purpose of administering this Act and the regulations, the Minister may designate as an accredited laboratory all or part of any building or place set aside and used for conducting research or carrying out inspections, grading, testing, analyses or experiments in science or used for the manufacture of chemical or biological products. NATIONAL TRADEMARKS ss. 15 to 16 National trademarks s. 15 15. Every agricultural product legend and every grade name is a national trademark and the exclusive property in the trademark and, subject to this Act, the right to the use of the trademark are hereby vested in Her Majesty in right of Canada. Use of similar legend or grade name s. 16 16. No person shall (a) apply or use a legend, word, mark, symbol or design or any bination thereof that resembles an agricultural product legend or a grade name。 or (b) market, or possess for the purpose of marketing, an agricultural product to which there is applied or in connection with which there is used a legend, word, mark, symbol or design or any bination thereof that resembles an agricultural product legend or a grade name. Canada Produce Legend 63. Every container of prepackaged produce conveyed interprovincially from a registered establishment shall have clearly marked and prominently displayed on its principal display panel...the establishment registration number as shown in Schedule IV. TRADE IN AGRICULTURAL PRODUCTS ss. 17 to 18 Prohibition s. 17 17. No person shall, except in accordance with this Act or the regulations, (a) market an agricultural product in import, export or interprovincial trade。 (b) possess an agricultural product for the purpose of marketing it in import, export or interprovincial trade。 or (c) possess an agricultural product that has been marketed in contravention of this Act or the regulations. Presumption s. 18 18. In any proceedings for a contravention of section 16 or 17, a person found in possession of an agricultural product in a quantity greater than is ordinarily necessary for a person39。s own consumption shall be deemed, in the absence of evidence to the contrary, to have been in possession of the product for the purpose of marketing it. 1995, c. 40, s. 37. ADMINISTRATIVE OFFICERS ss. 19 to 20 Designation s. 19(1) 19. (1) The President of the Canadian Food Inspection Agency may designate inspectors, analysts and graders under section 13 of the Canadian Food Inspection Agency Act for the purposes of this Act. Certificate to be produced s. 19(2) (2) Inspectors shall be given certificates in a form established by the President of the Agency attesting to their designation and, on entering any place under this Act, an inspector shall show the certificate to the person in charge of the place on request. Obstruction of administrative officers s. 19(4) (4) No person shall obstruct or hinder, or make any false or misleading statement either orally or in writing to, an inspector, analyst or grader who is carrying out duties or functions under this Act or the regulations. Interference s. 19(5) (5) Except as authorized by an inspector, no person shall remove, alter or interfere in any way with a thing seized or detained under this Act or the regulations. Designation of methods and equipment s. 20 20. The Minister may designate methods and equipment to be used by inspectors, analysts and graders in carrying out duties and functions under this Act or the regulations. INSPECTION ss. 21 to 23 Powers of inspectors s. 21(1) 21. (1) For the purpose of ensuring pliance with this Act and the regulations, an inspector may, subject to section 22, enter and inspect any place, or st