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Growing Forward Food Safety Systems Implementation (Processor) Program Application Form Version 3.2. EFFECTIVE MARCH 01, 2011 Please use the Application Guidebook to complete the Application Form www.ssfpa.net/foodsafety/

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Growing Forward

Food Safety Systems Implementation (Processor) Program

Application Form Version 3.2. EFFECTIVE MARCH 01, 2011

Please use the Application Guidebook to complete the Application Form

www.ssfpa.net/foodsafety/

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 1

THE FOOD SAFETY SYSTEMS IMPLEMENTATION (FSSI) PROGRAM The objective of the Food Safety System Implementation (Processor) Program is to increase the number of non-federally registered food processing operations moving towards and/or having Hazard Analysis Critical Control Point (HACCP) food safety systems in their plants. The program is being delivered through the Small Scale Food Processor Association (SSFPA) from 2009-13 with a budget of approx $2.7 million. The FSSI is part of Growing Forward, a Federal-Provincial-Territorial

initiative. For more information on Growing Forward, please visit http://www.agr.gc.ca/growingforward

The FSSI (processor) program consists of two distinct elements;

Outreach: Funding is directed towards education workshops that advance food safety education, accompanied by one on one consultations for eligible processors leading to development of a customized workplan for implementing food safety systems in participants’ processing/manufacturing plant. Implementation: The Implementation element is the second stage of the Food Safety Initiative after the Outreach element. It provides an opportunity for non-federally registered processors in B.C. to implement food safety systems such as Good Manufacturing Practices (GMPs) or Hazard Analysis Critical Control Point (HACCP) and/or ISO 22000. Processors accepted into the Implementation element may choose to either improve their GMPs or seek a HACCP certification (which includes GMPs plus one HACCP plan) from an acceptable certifying body. They will undergo a gap analysis by a food industry consultant and create a food safety work plan. Financial assistance will take the form of a 90% reimbursement towards the cost of eligible expenses. Eligible expenses will be reimbursed up to $15,000 for GMPs; up to $5,000 for successful HACCP/ ISO 22000 certification.

Note: Other Food Safety Systems Implementation (FSSI) Programs are available:

FSSI (Producer) On-farm Food Safety Program – delivered by Ardcorp

EIT (Enterprise Infrastructure Traceability program – delivered by Ardcorp and available to both producers and processors – see www.ardcorp.ca

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 2

Part A: Applicant Information

1. Business Information (print clearly)

Legal Name of Business Entity (Please ensure accuracy as payment will be issued to this name.)

Name of Signing Authority: (person who has legal authority to the Business Entity)

Title of Signing Authority: (Owner, President, etc.)

Please provide above Applicant’s Revenue Canada Business number (HST Number: 9 numbers, 2 letters, 4 numbers)

__ __ __ __ __ __ __ __ __ / __ __ / __ __ __ __

If you are processing meat, poultry or dairy, and your facility is provincially licensed with BC Centre for Disease Control, please provide your plant/establishment number: _____________________

Is your facility federally registered with the CFIA or do you have an Health Canada NHP site license? Yes No

Business Address of Applicant

Street # and Name R.R. # P.O. Box

City/Town Township/County Province

B.C.

Postal Code

Business Contact Phone #

( )

Alternate Business Contact Phone #

( )

Business Facsimile # ( )

Business Email Address:

Please indicate if this email address can be used as the primary method of communication regarding the FSSI ? (ie: delivery of the “Offer to Proceed” letter, deadline notifications)

Yes No, the preferred method of communication is by Fax or Mail

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 3

Business Mailing Address Information (if different from Address above)

Street # and Name

R.R. #

P.O. Box

City/Town Township/County Province B.C.

Postal Code

Name & Address of Preferred Contact (if different from the name listed as Signing Authority)

Name of Preferred Contact (Please Print)

Title of Contact (Operator, Manager, Consultant etc.)

Street # and Name

R.R. #

P.O. Box

City/Town Township/County Province B.C.

Postal Code

Business Email Address:

Please indicate if the above email address can be used as the primary method of communication regarding the FSSI? (ie: delivery of the “Offer to Proceed” letter, deadline notifications)

Yes No, the preferred method of communication is by Fax or Mail

Business Contact Phone #

( )

Business Fax #

( )

The preferred contact listed above is other than the Signing Authority of the Applicant, I, ___________________________________ am the Signing Authority for the business operation applying and have authority to bind the Facility. I hereby authorize the preferred contact to communicate with any FSSI Representative regarding my/our FSSI file(s) on my behalf. I hereby authorize the FSSI Representatives to disclose and discuss the application with the preferred contact listed above. The information shared and communicated by the FSSI Representatives regarding this FSSI application may include confidential business information that may be shared with the SSFPA, the Federal government and Provincial agencies involved under the Growing Forward funding. This authorization to communicate with the preferred contact listed is valid until notification to the contrary is given to the FSSI Representatives in writing. It is my responsibility to notify the FSSI Representatives of any changes to the contact information listed on this application form. This Agreement is composed of this Application and Schedule 1 (Legal Requirements for Applicants).

________________________________ signed this(day) _____ of (month) _______, year ______

Signature of Signing Authority

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 4

Part A: Applicant Information

2. Sector Information

Which sector best describes your facility or operation as it applies to this application? (check ONLY one box) Food Manufacturing:

Grain/Oilseed Milling Sugar/Confectionary Product Manufacturing

Dairy Product Manufacturing Fruit/Veg. Preserving & Specialty Food Manufacturing

Meat Product Manufacturing Fresh Fruit/Vegetable Manufacturing

Bakeries/Tortilla Manufacturing Beverage Manufacturing

Cider Manufacturing Other Food Manufacturing _____________________ Other:

Producer/grower packinghouse using GMPs Primary packaging facility

Food storage facility Other ___________________________________

Which North American Industry Classification System (NAICS) code best describes your facility or operation as it applies to this application? NAICS Code: __________________________ NAICS codes are listed on page 21 of this application.

How long has your facility/operation been in business?

0 – 2 years 3 – 5 years 6 – 10 years longer than 10 years

Does your facility operate on a continuous or seasonal basis?

Continuous (12 months of the year) Seasonal (please specify months)________________

Indicate the number of employees working at your facility?

(Number should include full-time, part-time, seasonal & temporary employees) # ______________

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 5

Part B: Choose your FSSI Project Activities

Which project activities are you requesting funding for? Refer to page 4 of the Guidebook for an overview.

Implementing a GMP/HACCP food safety system (maximum funding of $15,000)

The option is for applicants who want to develop, write and implement a food safety program, including developing GMPs (often called HACCP Prerequisite Programs) and/or a HACCP Plan. All eligible Expenditures or Activities must be directly related to a NEW food safety program or practice.

I have attached my attendance certificate from an “ A BC Step-by-step HACCP” workshop.

I have attached my copy of the “ A BC HACCP Assessment” checklist and summary.

I have attached my “Request for Funding”

Certification of a Recognized Food Safety System

(Maximum funding of $5,000. Requires successfully passing a full certification audit.)

This option is for applicants who are in the process of becoming fully certified under a Recognized Food Safety Program (see Schedule I).

This option is NOT for applicants working on HACCP who do not intend on becoming Certified.

Name the Certification you are seeking FSSI funding for __________________________

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 6

Completed by: _____________________Signed:__________________ Date:_____________

I have read the Program Guidelines, and the attached request details ___________ (initial)

Name: ______________________Signature: ______________________ Date: ____________

Authorized Company Representative

REQUEST FOR FUNDING

For developing and implementing GMP and/or HACCP plans

CATEGORY BRIEF DESCRIPTION OF SPENDING

when will you do this?

Expected FSSI Claim

Immediately

By the March 15,

2012 deadline

Technical advice

Equipment

$

Building modifications / facility upgrades

$

Lab tests

$

1st Certification Audit

costs

($5,000 limit, and you must become HACCP certified by March 15, 2012)

Total Expected FSSI Claim (not to exceed $15,000 for GMP/HACCP implementation or $20,000 including HACCP Certification)

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 7

ELIGIBLE EXPENSES AND ACTIVITES

The following rules apply to all FSSI expenses:

Spending must be “Incremental” (The expense is a direct result of undertaking this FSSI project.)

Spending must address needs shown during the on-site assessment

Costs must be requested in an Applicant’s Request for Funding

Eligible Expenditures or Activities may include:

1) Technical Advice

- Food safety resource materials such as textbooks, manuals, and DVDs - Food Safety Course fees - Food safety consultant or trainer costs. The SSFPA requires FSSI consultant time include 20% for training activities. Meals and travel may be reimbursed per Schedule II travel rates. Ineligible expenses include in-house training by internal staff; training must be done through an official workshop by an official trainer.

2) Equipment

Eligible expenses include purchase, installation and calibration of equipment that directly addresses food safety risk. Also eligible are computer and food safety software expenses.

3) Minor Building Modifications

Only eligible in order to install equipment and if done by an independent party

4) Lab Tests Initial lab tests to provide baseline food safety data to establish a food safety system are eligible. Regular tests required as part of an ongoing food safety system are ineligible.

5) First Certification Audit Costs

- Auditor costs only (auditor fees, meals, travel). - Certification / registration fees are not eligible.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 8

Part C: Anticipated Benefits (check ALL that apply)

Product/Process Benefits – Indicate which of the following product/process benefits your facility anticipates as a result of your proposed project.

Reduced waste/spoilage Reduced operating costs Updated equipment/software Improved inventory management Increased process control Improved product quality/consistency

Food Safety Benefits – Indicate which of the following food safety benefits your facility anticipates as a result of your proposed project.

Increased commitment to food safety Increased awareness of food safety by employees Improved food safety practices Improved confidence in recall procedures and the ability to perform a product recall

Business Benefits – Indicate which of the following business benefits your facility anticipates as a result of your proposed project.

Sense of responsibility Fewer customer complaints Buyer/Customer confidence Keep/attract customers Increased market opportunities Opportunity to be an industry leader Streamlined business processes Reduced risk of recall Decreased legal liability Meeting regulatory requirements Increased labour efficiency Improved company reputation Achieve certification/recognition

How large do you expect the benefits to be? Product /process benefits: small medium large Food safety Benefits: small medium large Business benefits: small medium large

The FSSI program is very interested in promoting any hidden payoffs. Please share with the FSSI any ideas on how you can make money using food safety:

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 9

Part D: Your Overall Food Safety Plan

This section will help SSFPA determine how many FSSI applicants are involved in making food safety or traceability changes in addition to those supported by the FSSI funding. This information will assist SSFPA with the evaluation of your proposed project and the development of future funding initiatives.

Please indicate if your proposed project’s Expenditures or Activities under Part B are a part of a larger Food Safety plan

at your facility? (circle one) YES / NO

If YES, provide a brief description of your overall plan, describing other food safety expenses and activities that are taking place, that have recently taken place, or that are planned to take place at your facility, outside of those identified under your proposed project. These might include:

→ HACCP certification → Writing and implementing other food safety programs or practices → Structural changes → Purchasing other equipment related to food safety or traceability

If Yes above, provide an estimated total cost of your overall plan (including the costs identified in this application). This will help SSFPA determine how much money each facility spent or will be spending above and beyond the funding provided by the government to improve food safety or traceability.

$________________________

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 10

PART E: Declaration of the Applicant and Final Checklist

(All boxes must be checked for application to be complete)

I/we have read, understand and agree to the information provided in the Application Guidebook, Application, and attached Schedules for the Food Safety Systems Implementation (processor) program to which I/we have applied.

I/we have or have not received or applied for other sources of monies for the project that is the subject of this application. (circle one) If I/we have received or applied for other source(s) of monies, the details are as follows: source/program______________________________ in the amount of $________________.

I/we certify that I am not a current or former federal public office holder or federal public servant who is not in compliance with the Conflict of Interest and Post-employment Code for Public Office Holders or the Conflict of Interest and Post-employment Code for the Public Service and that I am/we are not a member of the House of Commons or of the Senate.

I/we certify that the project that is the subject of this application would be completed in a fashion that is compliant with the Canadian Environmental Assessment Act.

I/we understand that any information supplied to the SSFPA may be disclosed by the SSFPA where it has an obligation to do so under the Freedom of Information and Protection of Privacy Act, by an order of a court or tribunal or pursuant to a legal proceeding.

SSFPA reserves the right to obtain information for the purposes of assessment, evaluating, verifying, auditing and enforcing the application and payments made under the FSSI .

I/we have completed all the required sections in the application and have attached additional information where applicable.

I/we understand that SSFPA will assess the eligibility of our application and I/we may be contacted with any questions.

I/we understand that if this application is approved, SSFPA will send an “Offer to Proceed” letter detailing the approved funding amount. The “Offer to Proceed” letter is time sensitive and must be returned with signature(s) of acceptance of the terms and conditions by the date specified to be officially accepted into the FSSI.

I/we understand and consent that the information provided on this form and provided in applying for FSSI funding may be shared with the Federal government Agriculture Agri-Food Canada and the British Columbia Ministry of Agriculture and Lands involved in funding FSSI and other Best Practice Suites under Growing Forward in order to confirm the information provided and to verify my/our eligibility for FSSI funding.

I/we understand that SSFPA reserves the absolute right and discretion to reject or refuse any application and the applicant shall not be deemed to be accepted into the FSSI by reason of making this application.

I/we certify that the information given on this application is true and correct to the best of my/our knowledge.

For a partnership, all partners have signed the Declaration or; for a corporation, all authorized signing officers required to legally bind the corporation have completed the Declaration.

Signed by: ________________________ ____________________________ ___________________

Name and Title (please print) Signature of Owner/Partner/Authorized Officer Date

Signed by: _________________________ ____________________________________ ___________________ Name and Title (please print Signature of Owner/Partner/Authorized Officer Date

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 11

CONTACT INFORMATION Additional information and advice on how to develop a food safety program, a traceability system or how to complete an application form are available from the SSFPA toll free at 1-866-473-7372 or by email at [email protected] or on our website at www.ssfpa.net/foodsafety/. Funding under the Food Safety Systems Implementation program is limited and applications are reviewed on a first-come, first-served basis, starting April 1, 2012 . Applications may be submitted:

electronically by email to [email protected]

by fax at (250) 954-3723

by mail (No couriers please. Mail or express post only)

FSSI (processor) program 2214 Sun Valley Drive Nanaimo, BC V9T 6E8

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 12

Schedule I – LEGAL REQUIREMENTS FOR APPLICANTS

BACKGROUND The Applicant is a Canadian food processor (or other eligible program applicant) located in the province of British Columbia and is legally entitled to enter into this agreement. The SSFPA will grant funds to the Applicant to undertake the project described in their application. 1. The assessment: The Applicant agrees to diligently carry out the Project in accordance with the Application Guidelines and the Application, and acknowledges that:

1. for GMP and/or HACCP development the Request for Funding will be based on the summary of an on-site GMP Assessment of the Applicant’s facility and food safety system by a food safety contractor hired by the SSFPA. “GMP Assessment” means the systematic identification of the "gaps" in the Applicant's existing food safety system relative to the A BC HACCP Plan GMP Checklist developed by the BC Ministry of Health. The summary of this audit is the “Assessment Summary”.

2. for Certification of a Recognized Food Safety System the summary of an on-site assessment by the relevant certification body will be used to illustrate requirements for certification. This assessment will be paid for by the program. The Request for Funding will be based on the summary.

As well the Applicant acknowledges that:

The Assessment Summary and the HACCP/FSSC22000 Assessment Summary are intended to be sufficient for the Applicant to identify activities needed to achieve completion of the Project for the applicable grant level. While the Assessment reflects the SSFPA assessor’s best effort to identify the activities required to move towards GMPs or meet HACCP/ISO 22000 Standards, the applicant is fully responsible and liable for the assessment and any subsequent project activities performed by any other food safety contractor he/she may hire.

2. The Funding The Applicant shall have in place all other amounts i.e. 10%, of funding specified as the “Applicant’s Contribution”. The SSFPA may, at any time during the Term, require the Applicant to undergo a proof of activity audit or financial audit, or both, in which case the cost to the Applicant of hiring an external contractor or auditor to provide such proof of activity audit or financial audit shall be an expense eligible for FSSI funding at the program 90:10 ratio. All amounts in this Agreement shall be in Canadian funds.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 13

3. The Term This Agreement shall commence on the date when the last of the parties has signed this Agreement and ends on March 31, 2012(“the Term") unless earlier terminated in accordance with the terms of this agreement or extended by written agreement of both parties. All Applicant claim forms, invoices, receipts, supporting documents and proof of activity must be received by the SSFPA at or before March 15, 2012 to enable the SSFPA to complete payment by March 31, 2012. Failure to comply with this undertaking shall entitle the SSFPA to terminate this Agreement without payment or appeal. All of the Applicant’s obligations, undertakings and representations, which either expressly herein or by their nature, shall all survive the earlier termination or expiration of this Agreement. Nothing contained in this Agreement shall be interpreted to mean that the SSFPA, her contractor(s), the British Columbia Ministry of Agriculture and Lands (British Columbia), or Agriculture and Agri-Food Canada (Canada) have any responsibility relating to any future funding following the Applicant’s completion of the Project. 4. Eligible Activities and Costs Activities and Costs eligible for the FSSI (processor) funding are as described in the Application Guidelines and in the Application. It is the Applicant's responsibility to establish to the satisfaction of the SSFPA that costs are eligible and directly attributable to the Project. Final determination of eligibility of costs for reimbursement is the sole discretion of the SSFPA.

Spending is only eligible for FSSI funding after the SSFPA has received and approved in writing your Request(s) for Funding. 5. Payment of the Funding The Applicant shall be paid in up to two instalments subject to satisfying the payment requirements as described in the Application Guidelines. These include providing the SSFPA Representative with supporting documentation. In either case all documents must be submitted by the document submission deadline of March 15, 2012. The Applicant’s representative shall certify each claim for payment in writing as being accurate and correct and that the Eligible Costs claimed have been incurred or incurred and paid as of the date of such claim for payment. Submitted materials shall contain complete and sufficient information on the accounting and progress of the Applicant’s Project to allow the SSFPA to make a final report on the Project as required by the Program. Submitted materials will also include food safety materials developed by the Applicant, for the purpose of verifying activity and adding to the SSFPA food safety resource database for Food Processors. The Funding will be paid to the Applicant only after completion of eligible activity and the Applicant submits to the SSFPA required materials, receipts, invoice(s) and supporting documents for eligible costs.

Invoice and receipt information shall clearly indicate:

Date of expense;

Invoice number;

Applicant (legal name), address, phone number, contact person;

Supplier name;

Taxes paid;

A description of the specific expense;

the total dollar amount for each expense.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 14

Upon receipt, the SSFPA will determine if the Applicant has met the requirements and that the costs claimed are eligible for reimbursement. If the activities are completed and the costs are eligible, subject to the terms of this agreement, the SSFPA will pay the Applicant under the funding an amount equal to 90% of the approved eligible costs within 60 days of receipt of the invoice(s) provided that the requirements of this agreement have been met. 6. Monitoring, Books and Records The Applicant shall keep detailed and accurate financial accounts and records relative to the Project and Eligible Costs of the Project for a period of not less than six (6) years after the expiry of this Agreement, and shall allow the SSFPA, British Columbia or their duly authorized representative reasonable access to such records and the premises for the purpose of ensuring the Applicant is complying with the terms of this agreement. Books, accounts and records, shall be kept in accordance with generally accepted accounting principles. The Federal Minister has:

1. a right of access to the Applicant’s documents and premises including a copy of all signed agreements between the SSFPA and the Applicant;

2. a right to contact an Applicant for the purpose of Program and Project evaluation after Canada notifies the SSFPA about the evaluation; and

3. a right to conduct an audit even though an audit may not always be undertaken. The SSFPA or British Columbia may, at any time, evaluate the Applicant's performance of this agreement and the results it has achieved and the Applicant will co-operate with the SSFPA or British Columbia in the completion of any evaluation of the Project or of the Grant. The Applicant will permit any representatives of the SSFPA or the British Columbia Minister of Agriculture and Lands, including any agent or independent contractor, to evaluate the performance of this agreement through:

1. on site visits;

2. observation of the Project in progress;

3. oral or written communication with any employees, officers or agents of the Applicant; and

4. post-payment verification of eligible costs for which payment was claimed and reimbursement paid under the Grant.

The SSFPA or British Columbia may inspect the Applicant's premises and the books and records kept pursuant to this agreement at any reasonable time during the Applicant's normal business operations.

7. Reporting As outlined in the Application Guidelines, the applicant must submit at least two reports (one interim and one final), giving an accounting of expenditures and describing progress on each Work Plan Activity. The Program Manager will make enquires 45 days after project start-up; The applicant will be expected to provide a verbal report at that time. At any other time, within 10 days of being requested to do so by the SSFPA, the Applicant shall provide an accounting to the SSFPA, in a form satisfactory to the SSFPA, for all Project work. 8. Termination and Default The Applicant agrees that this Agreement is subject to the termination and default provisions described in the Application Guidelines.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 15

9. Disallowed costs are a debt If after payment of the Grant the SSFPA, British Columbia, or Canada determines that a payment for an ineligible expense or an overpayment has been made, the Applicant shall on demand repay any overpayments, unexpended balances and disallowed costs which until repaid constitute a debt to the Crown. 10. Indemnity The Applicant shall, both during and following the expiry or termination of this Agreement, indemnify and save harmless the SSFPA, British Columbia, and Canada, including their agents, employees and contractors from and against all demands, claims, actions, proceedings, losses, damages and costs of any kind or any other proceedings made against them in any manner, attributable to any injury, death, damage to or loss of property, business or reputation arising or alleged to arise from the agreement signed between the SSFPA and the Applicant, except to the extent that the injury, death, damage or loss has been caused by the negligence of the SSFPA, British Columbia, and Canada, their agents, employees or contractors. 11. SSFPA’s Liability limited

The Applicant acknowledges:

1. the Project is developmental in nature and that the Applicant may not be fully satisfied with any food safety process created in the course of the Project;

2. the program is developmental in nature and companies that participated in the FSI program may not be eligible for the same, if any, funding under the FSSI (processor) program.

3. the SSFPA shall not be responsible for any materials or equipment acquired by or used by the Applicant or the work of any contractor hired by the Applicant, in carrying out the Project or for the manner in which any activity under the Project is carried out;

4. the on-site assessments are being done using the A BC HACCP Plan checklist developed by the BC Ministry of Health or the HACCP/FSSC 22000 standards of accredited HACCP / FSSC22000 Certifying bodies. While auditing and/or consulting done by the FSSI Contractors is intended to help processors comply to these standards, no guarantee can be made to the final acceptability of the information offered or work done;

5. the SSFPA's maximum liability under this agreement is the amount of the Grant. 12. Appeals An arbitration panel has been established comprising of non-involved representatives of the SSFPA and British Columbia to hear requests for appeal or redress following notification of decisions by the SSFPA. Such requests must be made in writing within 14 days of the Applicant receiving said notification of decision. The decision of this panel is final and will be returned in writing to the Applicant within 14 days of receiving the request. To be considered, any request must be received by the SSPFA before March 01, 2012. 13. Project Amendment Process After the Project commences, the Applicant may request changes to the category of the Project or to their Work Plan, as outlined in the Guidelines. All changes to the Project must be submitted in writing to the SSFPA and no changes in the Project activities or costs will be eligible for the Grant unless they are approved by the SSFPA prior to commencement of the changed activity. Either party may request an amendment to this Agreement. No amendment of this Agreement nor waiver of any of the terms and conditions contained in this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the SSFPA and the Applicant.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 16

14. Intellectual Property Any intellectual property resulting from the activities undertaken by an Applicant under this Agreement will be owned by the Province of British Columbia. 15. Privacy and Protection of Personal information As described in the Application Guidelines the Applicant and the SSFPA including their officers, employees and contractors (including contractors), shall comply with the Freedom of Information and Protection of Privacy Act of British Columbia and the Personal Information Protection and Electronic Documents Act (Canada) respecting information relative to the Project. The SSFPA may disclose this Agreement, excluding the Application. If the SSFPA is asked to disclose the Application, the SSFPA will consult with the Applicant in accordance with the Freedom of Information and Protection of Privacy Act of British Columbia, prior to any disclosure. 16. Applicant’s Obligations And Representations The Applicant shall be solely responsible for carrying out the duties and obligations related to the Project in a safe and prudent manner, including compliance with all applicable laws. The Applicant shall provide the SSFPA with details of any other government financial assistance, federal, provincial or municipal, whether applied for or received by the Applicant towards the Project. The Applicant shall declare any amounts owing under legislation or contribution agreements and shall recognize that amounts due to the Applicant may be offset against amounts owing to the Government. The Applicant shall fully cooperate with the SSFPA, British Columbia, or Canada in the administration of this Agreement, including but not restricted to allowing them access to the Plant and the Activity site at all reasonable times. The Applicant agrees and consents to the SSFPA providing British Columbia or Canada with copies of the Application; the Recipient’s GMPs program(s); the Recipient’s HACCP Plan(s), and any final accounting or progress reports. The Applicant shall ensure that in any of the Applicant’s public references to, or announcements of the Activity, that such public references and announcements shall sufficiently acknowledge the funding made available by the SSFPA, British Columbia and Canada under the Program. The Applicant shall ensure that all work comprising the Project complies with any standards accepted in the industry and the Applicant shall, in performing such work, observe and comply or cause its employees and contractors to observe and comply with all applicable federal, provincial, and municipal laws and regulations, including but not limited to, environmental, labour, health and safety laws and regulations. The Applicant shall ensure that the entire funding provided by or on behalf of the SSFPA shall be used solely for the purposes of paying the Eligible Costs of the Project. The Applicant represents that: (b) it is a valid and existing registered business under the laws of the Province of British Columbia and shall

continue to be a valid and existing registered business during the entire Term of this Project;

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 17

(c) no material adverse change has occurred in the operations and financial condition of the Applicant since the date of the Application; Companies funded under the FSI program who wish to apply to the FSSI must declare any changes since their last on-site assessment.

(d) the execution, delivery, and performance of this Application are within the proper corporate power and

capacity of the Applicant and have been authorized by proper corporate proceedings; (e) If the Applicant is an unincorporated business or proprietorship, each individual signing the Application on

behalf of the Applicant shall be personally responsible for performing the Applicant’s obligations and undertakings under the Application.

(f) all of the Applicant’s representations set forth in the Application and all obligations, undertakings and

representations set forth in this Schedule shall remain true in substance and in fact, and the Applicant acknowledges that the SSFPA will enter into this Agreement in reliance thereupon; and

(g) the Application Guidelines and attached Schedules (I and II), plus the Application and attached Schedule (I)

shall be binding upon the successors and any permitted assigns of the Applicant. 17. General Provisions Nothing in this Schedule shall be interpreted to authorize the Applicant to contract for or incur any obligation on behalf of the SSFPA, its contractor(s), British Columbia, or Canada or to make the Applicant an agent of the SSFPA, British Columbia, or Canada. Where the context requires or permits, the singular number should be read as if the plural and the masculine gender as if the feminine or neuter, as the case may be, where expressed. Any conflict or inconsistency between any term or condition in the main body of this schedule and either the Application Guidelines or Application shall be governed by the term or condition in the main body of this Schedule. This Agreement shall be interpreted and enforced in accordance with the laws of the Province of British Columbia and of Canada applicable therein. 18. SSFPA Representative For the purpose of this Program, the SSFPA Representative shall be: Candice Appleby, Responsible Officer, Small Scale Food Processor Association.

If for any reason the SSFPA Representative is to be replaced by another individual, such replacement shall be designated by the SSFPA

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 18

19. Notices For the purpose of this Agreement any notice, consent, or other communication required to be given hereunder, must be in writing to be effective, and is effective when delivered by any means, including fax transmission or electronic mail, personal delivery or prepaid or registered mail, as follows:

(a) If to the SSFPA: Candice Appleby

Small Scale Food Processor Association 2214 Sun Valley Drive Nanaimo, BC V9T 6E8

Phone: 1-866-547-7372 Fax: 250-954-3723 Email: [email protected]

(b) If to the Applicant; according to the information given on the Application form.

and should either the SSFPA Representative or the Applicant change its address or representative, the one Party shall promptly provide the other Party with written notice of such change. 20. PROHIBITION, CONFLICT OF INTEREST The Applicant shall ensure that no member of the Legislative Assembly of the Province of British Columbia or the House of Commons of the Parliament of Canada shall be admitted to any part of this Agreement or gain any direct or indirect benefit under this Agreement. The Applicant shall ensure that no undisclosed conflict of interest or potential conflict of interest exists in regards to the Applicant’s performance of its obligations and undertakings under the FSSI (processor) program.

Application Form Version 3.2 for use in the 2011-2012 FSSI (Processor) Program Page 19

North American Industry Classification (NAICS) 2007 311 Food Manufacturing

3112 Grain and Oilseed Milling

31121 Flour Milling and Malt Manufacturing

31122 Starch and Vegetable Fat and Oil Manufacturing

31123 Breakfast Cereal Manufacturing

3113 Sugar and Confectionery Product Manufacturing

31131 Sugar Manufacturing

31132 Chocolate and Confectionery Manufacturing from Cacao Beans

31133 Confectionery Manufacturing from Purchased Chocolate

31134 Non-Chocolate Confectionery Manufacturing

3114 Fruit and Vegetable Preserving and Specialty Food Manufacturing

31141 Frozen Food Manufacturing

31142 Fruit and Vegetable Canning, Pickling and Drying

3115 Dairy Product Manufacturing

31151 Dairy Product (except Frozen) Manufacturing

31152 Ice Cream and Frozen Dessert Manufacturing

3116 Meat Product Manufacturing

31161 Animal Slaughtering and Processing

311615 Poultry Processing US

3118 Bakeries and Tortilla Manufacturing

31181 Bread and Bakery Product Manufacturing

311811 Retail Bakeries US

311814 Commercial Bakeries and Frozen Bakery Product Manufacturing CAN

31182 Cookie, Cracker and Pasta Manufacturing

311821 Cookie and Cracker Manufacturing US

311822 Flour Mixes and Dough Manufacturing from Purchased Flour US

311823 Dry Pasta Manufacturing US

31183 Tortilla Manufacturing

311830 Tortilla Manufacturing

3119 Other Food Manufacturing

31191 Snack Food Manufacturing

311911 Roasted Nut and Peanut Butter Manufacturing US

311919 Other Snack Food Manufacturing US

31192 Coffee and Tea Manufacturing

311920 Coffee and Tea Manufacturing US

31193 Flavouring Syrup and Concentrate Manufacturing

311930 Flavouring Syrup and Concentrate Manufacturing

31194 Seasoning and Dressing Manufacturing

311940 Seasoning and Dressing Manufacturing MEX

31199 All Other Food Manufacturing

311990 All Other Food Manufacturing CAN

3121 Beverage Manufacturing