John Feddes of Dundas, owner of Primavera Farms, made a plea
for mercy on a chicken-board penalty of more than $20,000 during a public hearing
before the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal here
recently.
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| The big marketing-board chill |
Feddes, who has been in the Ontario chicken business for
more than 30 years, conceded that “a serious mistake” was made by his daughter,
Joanne, when she took over management of the chicken business in April.
Feddes testified that she was confused by two letters sent
out by the chicken board, the first informing her that the farm is eligible to
produce more than 65,000 kilograms in the upcoming quota period, the second one
received about eight days later saying the eligibility was less than 54,000
kilograms.
Feddes said that by the time the second letter arrived, Joanne had already placed an order with a hatchery in Stratford and because the
second notice appeared similar to the first, she didn’t pay close attention.
An experienced farmer would know that it’s the second notice
that should form the basis for ordering chicks because it includes calculations
for previous over-production or under-production, for the current allocation
from the board and other adjustments.
Lawyer Geoff Spurr, acting for the Chicken Farmers of
Ontario marketing board, established during questioning that production
actually far exceeded even the 65,000-kilogram target – it ended up at more
than 78,000 kilograms – and that Feddes provided no supervision for Joanne in
calculating how many chicks should have been ordered.
He also established that Feddes remains sole owner of the
numbered company that owns the quota and farm and that the chicken board never
takes inexperience or other factors into account when it assesses penalties for
over-production.
Feddes said it’s not fair to come down so hard on a
first-timer making this mistake. I sympathize with Feddes; this is clearly a mistake, not defiance of the marketing board's production controls, and it's an issue that should have been easy to resolve around a kitchen table, perhaps with a 50 per cent reduction of the penalty. Joanne and John Feddes have both clearly learned a painful lesson because the penalties also involve a reduction of future production by an amount equal to the over-production.
The tribunal chairman for the hearing, lawyer Harold McNeely
of Edwards, Ont., promised the tribunal will do its best to issue a decision
within 30 days. The other panel members were Richard Smelski of Shakespeare and
Tim Mousseau of Dresden.
