New hearings into pork marketing

Wednesday, July 15, 2009

by BETTER FARMING STAFF

The Agriculture, Food and Rural Affairs Appeal Tribunal has ordered new hearings into pork marketing in Ontario, setting aside a Farm Products Marketing Commission ruling last fall that stripped Ontario Pork of its monopoly marketing powers.

Southwestern Ontario pork producer Rein Minnema had sought the de novo hearing. “The Tribunal’s approach is exactly as we thought it should be,” says Minnema’s agent, Elbert Van Donkersgoed.

Bob Hunsberger, chair of Progressive Pork Producers/Conestoga Meat Packers, which slaughters pigs at a plant in Kitchener, and had supported curtailment of the pork board's powers, says the producer-owned cooperative "is very disappointed" that there will be a hearing de novo.

"We believe the commission conducted its hearing appropriately and everybody had an opportunity to participate," he says. "Now we have a small minority of producers who have decided everybody has to go to their church. It will cost the industry several million dollars when the industry can't afford it."

Early-wean operator John Vander Burgt plans to attend the first day of the hearing on Aug. 12, even though wheat harvest “makes it difficult.” Vander Burgt is vice chair of Huron Pork Producers Association, which also appealed the Commission's Oct. 6, 2008 ruling. Toronto lawyer Robert Shapiro represents Huron Pork Producers at the earlier pre-hearing conference.

"The Tribunal is aware of the investment of time and effort required to hold a hearing, and therefore wishes to provide guidance for the parties to prepare for the remainder of the hearing," says the Tribunal's interim decision.

At deadline, representatives for Quality Meat Packers, The Open Marketing Group, Paragon Farms, all of which had sought open marketing, along with the Farm Products Marketing Commission, had not responded to requests for interviews.

Ontario Pork supports the concept of a de novo hearing says spokesman Keith Robbins. The pork board is considering allowing processors to pilot their own settlement systems to replace its system of paying producers. A final decision will likely be issued next week, Robbins says. While the pilot settlement systems are being tested, regular service fees must still be paid to Ontario Pork, he says.

Frank Handy, vice chair of the Appeal Tribunal, will chair the hearing. Other panel members are Tribunal chair Kirk Walstedt and vice-chair Paula Lombardi.

The Aug. 12 hearing, to be held at the Ramada Inn in Guelph, will determine the standing of participants in the Appeals and the specific issues to be considered. The hearing’s length and dates for remaining sessions will be determined then.

According to the interim decision, only issues raised at the Farm Products hearing can be addressed at the de novo hearing. But "there is nothing in the legislation that obligates the Tribunal to accept or assume the Commission's hearing procedure, the evidence previously submitted, earlier decisions on standing or the scope of participation or lack thereof by parties who now seek to appeal or participate in the appeal hearing," the interim decision says. BF