Pork marketing appeals hearing begins Nov 25

Thursday, August 13, 2009

by BETTER FARMING STAFF

A hearing into several appeals of an Ontario Farm Products Marketing Commission decision to remove Ontario Pork’s monopoly marketing powers begins in earnest in November. In the meantime, the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal – the body that has granted the hearing – wants the provincial pork board to clarify its stance about the Commission’s decision by August 21.

The board’s stance came into question during a Wednesday session in Guelph that consolidated the appeals into one hearing and determined its approach, duration and dates.

Stewart Cressman, an Ontario Pork director who attended the session, says the board’s murky position may be related to behind-the-scenes efforts to find common ground “so we can bring this (dispute) to a conclusion and try to find something that would work for everyone.” He and pork board chair Wilma Jeffray note that Ontario Pork’s monopoly marketing powers may be an asset when tackling emergency situations, such as an outbreak of foreign animal disease.

Cressman explains that the provincial legislation that grants the pork board its marketing powers also allows the board to exempt producers from mandatory participation. Removing the board’s marketing powers therefore isn’t essential to achieve the Commission’s goal of open marketing; granting exemptions and outlining the conditions under which the conditions could be revoked would produce the same effect, he says.

“I think that’s what the hope is, trying to negotiate some conditions and caveats around when they (the exemptions) would be pulled back.”

During the session, the Tribunal panel’s chair, Frank Handy, encouraged parties to discuss settlements but pointed out that any solution would have to be presented to the Tribunal for approval. Huron County producer John Vander Burgt, who is also vice-chair of Huron County Pork Producers’ Association, one of three parties appealing the Commission’s decision, says trying to find a middle ground “makes sense.”

Others appealing are Lambton County pork producer Rein Minnema and Districts 10, 11 and 12 Pork Producers. Bob Hunsberger, chair of Progressive Pork Producers/Conestoga Meat Packers, which is responding to the appeals, says the producer-owned cooperative has approached Ontario Pork three times for an exemption and was refused. “We don’t trust them,” he says, noting the cooperative supports the Commission’s decision to dismantle the pork board’s marketing powers.

The three-member Tribunal panel has allocated 12-14 days for the hearing, beginning Nov. 25. Sessions will take place in Guelph. An exact location hasn’t been confirmed. Others responding to the appeals are: The Open Marketing Group, Maple Leaf Consumer Foods, Zantingh Direct Inc./Zantingh Swine Inc. and Quality Meat Packers. Those who have requested intervener status are: Stratford area pork producer Teresa Ann De Wetering, Synergy Swine, Paragon Farms and RFW Farms. Unlike appellants and respondents, interveners can’t conduct cross-examinations. BF