Wednesday, October 15, 2014

Chicken processors wanted into dairy appeal

The Association of Ontario Chicken Processors tried, but failed, to butt into a dairy-industry tribunal hearing.

The Ontario Ministry of Agriculture, Food and Rural Affairs Tribunal has issued a written decision saying the chicken processors have no legitimacy to intervene.

Lawyer Herman Turkstra and Michael Terpstra, chief executive for the AOCP, wanted to appear during the hearing to argue that the Competition Act does not apply to the supply-managed dairy and poultry industries.

Turkstra said the AOCP could act as a proxy for dairy processors who have not asked to be granted status for the hearing. The tribunal countered that the absence of dairy processors indicates they're not worried about the outcome of the hearing.

The tribunal ruled that the appeal is between Andy Senn and Franz Suter who were denied a quota-transfer exemption by the Dairy Farmers of Ontario marketing board and has little or nothing to do with poultry processors.

The tribunal noted that the request to participate as an intervenor came only 18 days before the five-day hearing was scheduled to begin, that the dates were posted long ago so there was no reason for the AOCP to wait so long, and said granting intervenor status would make the hearing longer and delay a decision.

It noted that the numbered company Senn and Suter own – 2343193 – is operating under a stay, pending the outcome of its appeal against the DFO’s refusal to allow a blending of quota on a farm Senn and Suter bought with the home-farm operation.