The Ontario Flue-Cured Tobacco Marketing Board was too harsh
in dealing with farmer Armino Lopes, says the Ontario Ministry of Agriculture
and Food Appeal Tribunal.
The board found Lopes guilty of failing to apply stickers to
bales of tobacco last year, seized and sold the tobacco for about $50,000 and
refused to grant him a licence to grow tobacco this year.
The tribunal has granted him a licence to grow this year.
It noted that Lopes had an unblemished record, that he
helped inspectors locate and load tobacco they seized, that he thought he only
needed to apply the stickers when tobacco was ready for sale and this tobacco
needed to be reworked.
The tribunal also noted that the maximum fine under the
Tobacco Act is $10,000 for a first offence and Lopes actually lost $50,000
worth of tobacco in the seizure.
But the tribunal also noted that Lopes is guilty as charged
by the tobacco board. Its rules say a sticker must be applied as soon as
tobacco is baled.
