Seeds Regulations (C.R.C., c. 1400)

Short Title

1 These Regulations may be cited as the Seeds Regulations.

1.01 and 1.1 [Repealed, SOR/96-252, s. 2]

Interpretation

• 2 (1) The definitions in this subsection apply in these Regulations.

  biotechnology

  biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

  conformity verification body

  conformity verification body means an independent body that has an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to administer specific tasks, including assessing, recommending for acceptance and subsequent audit of establishments, operators, graders, samplers or laboratories that process, import, sample, test, grade or label seeds. (organisme de vérification de la conformité)

  seed

  seed includes seed derived through biotechnology. (semences)

  Seeds Fees Notice

  Seeds Fees Notice [Repealed, SOR/2007-223, s. 1]

• (2) The definitions in this subsection apply in Parts I, III and IV.

  accredited grader

  accredited grader means a person who is accredited pursuant to section 13.1; (classificateur agréé)

  Act

  Act means the Seeds Act; (Loi)

  Agency

  Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

  Association

  Association means the Canadian Seed Growers’ Association; (Association)

  Canada pedigreed grade name

  Canada pedigreed grade name means a designation that contains one of the words foundation, registered or certified; (dénomination de la catégorie Canada généalogique)

  Canadian Methods and Procedures for Testing Seed

  Canadian Methods and Procedures for Testing Seed means the methods and procedures for testing seed set out in the Canadian Methods and Procedures for Testing Seed prepared by the Agency, as amended from time to time; (méthodes et procédés canadiens d’essai des semences)

  Canadian Wheat Board Area

  Canadian Wheat Board Area means that part of Canada comprising

  • (a) the provinces of Manitoba, Saskatchewan and Alberta, and

  • (b) those parts of British Columbia known as the Peace River District and the Creston-Wynndell Area; (territoire de la Commission canadienne du blé)

  certified status

  certified status, with respect to seed, means that

  • (a) where the crop from which the seed is derived was grown in Canada,

    • (i) a crop certificate designated “Certified” has been issued for that crop by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

  • (b) where the crop from which the seed is derived was not grown in Canada,

    • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Certifiée)

  condition

  condition, with respect to seed, means to prepare by cleaning, processing, packing, treating or changing in any other manner the nature of a seed lot; (conditionner)

  crop certificate

  crop certificate means a document that is issued by the Association certifying the crop identified therein has met the standards for varietal purity established by the Association for crops of that kind or species; (certificat de récolte)

  Department

  Department [Repealed, SOR/2007-223, s. 1]

  domestic tag

  domestic tag means an official tag in respect of seed that is derived from a crop grown in Canada and graded with a Canada pedigreed grade name; (étiquette canadienne)

  fastened

  fastened, with respect to a package, means sealed in such a manner that it is impossible to open the package easily without leaving evidence of it having been opened; (scellé)

  flower seeds

  flower seeds means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts; (semences de fleurs)

  foundation status

  foundation status, with respect to seed, means that

  • (a) where the crop from which the seed is derived was grown in Canada,

    • (i) a crop certificate designated “Foundation” has been issued for that crop by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

  • (b) where the crop from which the seed is derived was not grown in Canada,

    • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Fondation)

  grade

  grade, with respect to seed, means to determine, establish or assign a grade name to seed based on the analysis of a representative sample of the seed lot and the seed standards prescribed by sections 6 and 7; (classer)

  inter-agency certification tag

  inter-agency certification tag means an official tag in respect of seed that is certified by an official certifying agency and graded with a Canada pedigreed grade name; (étiquette de certification inter-agences)

  licensed sampler

  licensed sampler means an individual licensed under subsection 13.1(2.1) to sample seed; (échantillonneur agréé)

  lot designation

  lot designation means a number, mark, symbol or test number that identifies a seed lot; (désignation de lot)

  lot number

  lot number, in the case of seed graded with one of the Canada Registered or Canada Foundation grade names, includes the pedigreed seed declaration number; (numéro de lot)

  official certifying agency

  official certifying agency means an organization in a foreign state that is empowered by the government of that state to certify seed crops and seed as to the varietal purity thereof where that state is

  • (a) a participating member of the Organisation for Economic Co-operation and Development’s schemes for the varietal certification of seed moving in international trade for that kind or species, or

  • (b) a member of the Association of Official Seed Certifying Agencies; (agence officielle de certification)

  official sample

  official sample means a sample of seed that has been drawn by an inspector; (échantillon officiel)

  official tag

  official tag means a label that is issued or approved by the Agency in respect of seed having pedigreed status. (étiquette officielle)

  officially recognized laboratory

  officially recognized laboratory means a seed testing laboratory that is designated by the Minister as an accredited laboratory under section 2.1 of the Act; (laboratoire reconnu officiellement)

  officially-recognized laboratory

  officially-recognized laboratory [Repealed, SOR/2007-223, s. 1]

  officially recognized sample

  officially recognized sample means a sample of seed that has been

  • (a) drawn by or under the supervision of a licensed sampler and prepared by a licensed sampler according to recognized standard methods; or

  • (b) drawn and prepared according to recognized standard methods by an individual accredited to do so by

    • (i) a government body, or an officially recognized body, that has the authority to regulate the import, export or marketing of seed,

    • (ii) an official certifying agency, or

    • (iii) a seed testing laboratory accredited by the International Seed Testing Association (ISTA) to issue international seed lot certificates, if the sample is to be tested by the accrediting laboratory or by another laboratory accredited by ISTA. (échantillon reconnu officiellement)

  officially-recognized sample

  officially-recognized sample [Repealed, SOR/2007-223, s. 1]

  officially recognized test

  officially recognized test means a test that is performed according to recognized standard methods on an officially recognized sample in an officially recognized laboratory or, in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of similar size, an accredited grader. (essai reconnu officiellement)

  officially-recognized test

  officially-recognized test [Repealed, SOR/2007-223, s. 1]

  pedigreed seed declaration

  pedigreed seed declaration means the form supplied by the Agency relating to the declaration of processing of seed of pedigreed status; (déclaration de semence généalogique)

  pedigreed seed declaration number

  pedigreed seed declaration number means the number on the pedigreed seed declaration; (numéro de la déclaration de semence généalogique)

  pedigreed status

  pedigreed status, with respect to seed, means that the seed is of foundation status, registered status or certified status or the seed is approved by the Association as being breeder seed or select seed; (qualité Généalogique)

  pedigreed status tag

  pedigreed status tag means an official tag in respect of seed that is derived from a crop that was grown in Canada and not graded; (étiquette de qualité Généalogique)

  PPTM varietal blend

  PPTM varietal blend means a varietal blend for plant pest tolerance management that is intended to maintain the efficacy of a plant pest tolerance characteristic; (mélange de variétés GRP)

  President

  President means the President of the Agency; (président)

  progeny

  progeny means seed or seed-like crops and includes cereal grains, oilseeds and pulses; (descendance)

  recognized standard method

  recognized standard method means the

  • (a) Canadian Methods and Procedures for Testing Seed,

  • (b) Rules for Testing Seed, published by the Association of Official Seed Analysts, as amended from time to time, or

  • (c) International Rules for Seed Testing, published by the International Seed Testing Association, as amended from time to time; (méthode normalisée reconnue)

  registered status

  registered status, with respect to seed, means that

  • (a) where the crop from which the seed is derived was grown in Canada,

    • (i) a crop certificate designated “Registered” has been issued for that crop by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

  • (b) where the crop from which the seed is derived was not grown in Canada,

    • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

    • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Enregistrée)

  Registrar

  Registrar [Repealed, SOR/2007-223, s. 1]

  seed lot

  seed lot means a quantity of seed, each portion of which is, within reasonable limits, uniform with respect to purity, germination, variety, type and quality; (lot de semence)

  specialty seed

  specialty seed means seed of a kind or species or of a mixture of kinds or species mixed with or attached to any fertilizer, soil, compost, peat, moss, mica, plastic, paper, cellulose or other material and includes artificial seeds; (semence spéciale)

  varietal blend

  varietal blend means a mixture of two or more varieties of the same kind or species of pedigreed status seed; (mélange de variétés)

  variety

  variety has the meaning assigned to cultivar by the International Union of Biological Sciences’ Commission for the Nomenclature of Cultivated Plants and denotes an assemblage of cultivated plants, including hybrids constituted by controlled cross-pollination, that

  • (a) are distinguished by common morphological, physiological, cytological, chemical or other characteristics, and

  • (b) retain their distinguishing characteristics when reproduced; (variété)

  variety name

  variety name includes a word, a number or a letter and number combination used to designate a variety. (nom de variété)

• (3) [Repealed, SOR/2018-108, s. 401]

• (4) [Repealed, SOR/2018-108, s. 401]

Services, Rights, Privileges and Use of Facilities

2.1 No service, right, privilege or use of a facility under these Regulations shall be provided or granted to a person who requests it unless the person includes the applicable fee set out in the Canadian Food Inspection Agency Fees Notice with the application or request or has agreed in writing to pay the fee on receipt of an invoice from the Agency.

PART ISeeds other than Seed Potatoes

Interpretation

3 In this Part, Registrar means the person designated by the President to accredit graders or license samplers.

Application

4 This Part does not apply in respect of seed potatoes.

Exemptions

• 5 (1) Seed approved by the Association as breeder seed or select seed is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be sold in Canada without conforming to the requirements set out in section 6, 9, 16, 18, 19 and 23 to 31.

• (2) Seed that is labelled for export is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be exported from Canada without conforming to the requirements set out in sections 6, 7, 9, 10, 16, 18, 19, subsection 20(5) and sections 21 and 23 to 31.

• (3) Seed that is imported into, or sold in, Canada for the purpose of conditioning, that is accompanied by a label or other documentation that shows that the seed is ungraded and is being imported or sold only for that purpose is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be imported into or sold in Canada without conforming to the standards set out in sections 6 and 23 to 31.

• (4) Seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act in so far as it may be sold or advertised for sale without being registered if

  • (a) the seed is of pedigreed status;

  • (b) the seed is labelled in accordance with section 35;

  • (c) the seed is to be sold

    • (i) for the production of pedigreed seed, or

    • (ii) where the variety is entered in variety registration trials, for the production of material for evaluation of its suitability for processing;

  • (d) the seed is sold pursuant to a contract that specifies that in the case of

    • (i) seed sold for the production of pedigreed seed, all of the progeny will be delivered to a destination specified in the contract, or

    • (ii) varieties that are entered into variety registration trials, all of the progeny will be delivered to an industrial mill or plant for the sole purpose of evaluating the variety for its suitability for processing; and

  • (e) all of the progeny of the seed is delivered to the destination specified in the contract referred to in paragraph (d).

• (5) Seeds of vegetables, roots and herbs are exempt from the operation of paragraph 3(1)(a) of the Act in so far as they may be sold without a grade name and without conforming with the standards for minimum percentage of germination under section 6 if they are labelled in accordance with section 30.

• (6) Seed of a kind or species set out in Schedule I that is imported for research purposes is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be imported into Canada without conforming with the standards for minimum percentage of germination set out in that Schedule.

• (7) [Repealed, SOR/2007-223, s. 3]

Standards

• 6 (1) Subject to subsection (3), the standards for seed of the kinds and species set out in Schedule I and the grade names therefor are as set out in that Schedule.

• (2) Seed of a kind or species not set out in Schedule I shall meet the minimum weed seed and other crop seed standards set out in the following Tables of Schedule I:

  • (a) for any kind or species with 15 or fewer seeds per gram, Table V;

  • (b) for any kind or species with 16 to 50 seeds per gram, Table II;

  • (c) for any kind or species with 51 to 250 seeds per gram, Table IV;

  • (d) for any kind or species with 251 to 600 seeds per gram, Table VIII;

  • (e) for any kind or species with 601 to 1,500 seeds per gram, Table IX;

  • (f) for any kind or species of grass with 1,500 or fewer seeds per gram, Table XI;

  • (g) for any kind or species of grass with 1,501 seeds or more per gram, Table XII;

  • (h) for any seed or mixture of seeds for land reclamation, soil conservation, green cover, wildlife grazing or habitat, wetland restoration and similar purposes, Table XIII;

  • (i) for herbs and vegetables, Table XX, unless they have 1,000 or more seeds per gram, in which case Table XII shall be used; and

  • (j) wildflower mixtures and similar products intended for landscape gardening use, Table XV.

• (3) Barley seed that has been treated with a product registered as a control product under the Pest Control Products Act for the control of true loose smut (Ustilago nuda) is exempt from the standards for true loose smut set out in column 9 of Table II to Schedule I.

• (4) Seed referred to in subsection (2) shall not be considered a weed seed for the purpose of that subsection.

• 7 (1) In addition to the standards prescribed by section 6, the following standards apply to seed:

  • (a) the seed shall not contain prohibited noxious weed seeds;

  • (a.1) the seed shall have been subject to appropriate mixing, blending and processing techniques so that it is as uniform as practicable;

  • (b) if graded with the name of one of the Canada Foundation grades, the seed shall be of foundation status and, if two or more seed lots of the same variety are mixed, a new crop certificate is required to be issued by the Association if the seed meets the standards established by the Association;

  • (c) if graded with the name of one of the Canada Registered grades, the seed shall be of foundation status or registered status and, if two or more seed lots of the same variety are mixed, a new crop certificate is required to be issued by the Association if the seed meets the standards established by the Association;

  • (d) if graded with the name of one of the Canada Certified grades, the seed shall be of foundation status, registered status or certified status and, if two or more seed lots of the same variety are mixed, the Agency shall be so informed;

  • (e) if graded with the name of one of the varietal blend grades, all of the seed shall be of pedigreed status;

  • (f) a Canada Certified No. 1 Forage Mixture or a Canada Certified No. 2 Forage Mixture may contain more than one variety of a kind or species;

  • (g) every Canada Certified No. 1 Cereal Mixture and Canada Certified No. 2 Cereal Mixture shall contain only seed of pedigreed status and only one variety per kind or species; and

  • (h) a Canada Certified No. 1 Lawn Mixture or a Canada Certified No. 2 Lawn Mixture may contain more than one variety of a kind or species.

• (1.1) Despite Table I to Schedule I, Canada Foundation No. 2 seed and Canada Registered No. 2 seed may contain one secondary noxious weed seed per 10 kg.

• (1.2) Despite Table I to Schedule I, Canada Certified No. 2 seed may contain one secondary noxious weed seed per 2 kg.

• (1.3) Despite Table II to Schedule I, Canada Foundation No. 2 oats and Canada Registered No. 2 oats may contain one secondary noxious weed seed per 10 kg.

• (1.4) Despite Table II to Schedule I, Canada Certified No. 1 oats may contain one secondary noxious weed seed per 2 kg.

• (1.5) Despite Table II to Schedule I, Canada Foundation No. 2 seed other than oats, Canada Registered No. 2 seed other than oats and Canada Certified No. 1 seed other than oats may contain one secondary noxious weed seed per 5 kg.

• (1.6) Despite Table III to Schedule I, Canada Certified No. 1 Cereal Mixture seed may contain one secondary noxious weed seed per 5 kg.

• (2) In addition to meeting the standards set out in Tables I to III to Schedule I, seed to which those Tables apply shall be free from tartarian buckwheat in Manitoba, Saskatchewan, Alberta and British Columbia.

• (3) In addition to meeting the standards set out in Tables I to III to Schedule I, seed to which those Tables apply shall be free from wild oats in Quebec, Nova Scotia, New Brunswick and Prince Edward Island.

• (4) Despite Table IV to Schedule I, Canada Foundation No. 2 seed, Canada Registered No. 2 seed and Canada Certified No. 1 seed may contain one secondary noxious weed seed per 50 g other than wild oats in flax.

• (4.1) Despite Table IV to Schedule I, Canada Foundation No. 1 seed and Canada Registered No. 1 seed of sorghum, Sudan grass and canarygrass may contain one other crop seed per 25 g.

• (4.2) Despite Table V to Schedule I, Canada Foundation No. 2 seed may contain one other crop seed per 2 kg.

• (5) Seed to which Table VII to Schedule I applies shall be free from seeds of cleavers (Galium aparine L.) and false cleavers (Galium spurium L.).

• (6) Column 5 of Table VIII to Schedule I does not apply to sweet clover seed.

• (7) Notwithstanding the kinds and species of seeds set out in Table XI to Schedule I,

  • (a) subcolumn 1 of column 10 of that Table applies only to Chewing’s fescue, meadow fescue, red fescue, creeping red fescue, tall fescue, annual ryegrass, intermediate ryegrass and perennial ryegrass;

  • (b) subcolumn 2 of column 10 of that Table applies only to smooth bromegrass, meadow bromegrass, sweet bromegrass, fine-leaved fescue, hard fescue, sheep fescue, various-leaved fescue, creeping foxtail, meadow foxtail, orchardgrass, beardless wheatgrass, northern wheatgrass, pubescent wheatgrass, slender wheatgrass, streambank wheatgrass, Altai wildrye, Dahurian wildrye and Russian wildrye;

  • (c) subcolumn 3 of column 10 of that Table applies only to crested wheatgrass, intermediate wheatgrass, Siberian wheatgrass, tall wheatgrass, western wheatgrass and tall oatgrass;

  • (d) subcolumn 4 of column 10 of that Table applies only to reed canarygrass;

  • (e) subcolumn 1 of column 11 of that Table applies only to Chewing’s fescue, meadow fescue, red fescue, creeping red fescue, tall fescue, annual ryegrass, intermediate ryegrass, perennial ryegrass and reed canarygrass; and

  • (f) subcolumn 2 of column 11 of that Table applies only to smooth bromegrass, meadow bromegrass, sweet bromegrass, fine-leaved fescue, hard fescue, sheep fescue, various-leaved fescue, creeping foxtail, meadow foxtail, tall oatgrass, orchardgrass, beardless wheatgrass, crested wheatgrass, intermediate wheatgrass, northern wheatgrass, pubescent wheatgrass, Siberian wheatgrass, slender wheatgrass, streambank wheatgrass, tall wheatgrass, western wheatgrass, Altai wildrye, Dahurian wildrye and Russian wildrye.

• (8) Despite the kinds and species of seed set out in Table XIII to Schedule I, column 5 of that Table does not apply to mixtures that contain 1% or more of sweet clover seed.

• (9) Notwithstanding Table XIII to Schedule I, Common No. 1 Forage Mixture may contain one primary noxious weed per 25 g where there is present, singly or combined, 10 per cent or more of common timothy, dwarf timothy, Canada bluegrass, Kentucky bluegrass or redtop seed.

• (10) Notwithstanding Table XIV to Schedule I, all mixtures described on a label to be suitable for shady places shall contain not less than 40 per cent by weight, singly or combined, of Chewing’s fescue, creeping red fescue or rough bluegrass seed.

• (10.1) In addition to the standards set out in Tables III and XV to Schedule I, kinds or species of seed listed in Schedule I shall meet the minimum percentage of germination set out in the Table in which they appear.

• (10.2) Despite Table XVIII to Schedule I, Canada Foundation No. 2 seed may contain one other crop seed per 2 kg.

• (11) The diameter of sets set out in column 2 of Table XXI to Schedule I do not apply to multiplier onions.

• (12) For the purposes of Table XXI to Schedule I, a tolerance of three per cent by weight is allowed for the oversized or undersized sets for each grade of onion sets.

8 Seed of any variety of field corn shall not be sold in Canada unless it is of pedigreed status.

9 Any seed that is a component of specialty seed shall meet the standards set out in sections 6 and 7 before being mixed with or attached to non-seed material.

Use of Variety Names

• 10 (1) No person shall, unless the seed is of that variety,

  • (a) use or allow to be used the variety name on any label or package of seed or in any invoice, circular or advertising related to seed; or

  • (b) otherwise represent any seed to be of a specified variety.

• (2) No person shall use or allow to be used a modified or qualified variety name in respect of seed of that variety.

• (3) No person shall use a variety name, or allow a variety name to be used, on any label or package of seed of a kind or species set out in Schedule II or in any invoice, circular or advertising related to seed of that kind or species unless

  • (a) except as provided in subsection (4), the seed is graded with a Canada pedigreed grade name and labelled under sections 32 to 37 when sold;

  • (b) in the case of a mixture or varietal blend,

    • (i) the mixture or varietal blend was made by an approved conditioner registered under Part IV and all of the seed named as to variety is of pedigreed status; or

    • (ii) if the mixture or varietal blend is imported, the seed is accompanied at the time of importation by a certificate of an official certifying agency confirming that all of the seed named as to variety is of pedigreed status; or

  • (c) the seed is of a vegetable-type variety.

• (4) Seed of a kind set out in Schedule II may be sold by variety name for the purpose of conditioning if the seed is of pedigreed status and

  • (a) if the seed is not in fastened packages, the seed is accompanied by the grower’s declaration referred to in paragraph 13(1)(c) and the seed moves

    • (i) directly from the grower of the seed to an approved conditioner registered under Part IV, or

    • (ii) between approved conditioners registered under Part IV; or

  • (b) if the seed is in fastened packages, a pedigreed status tag is attached to each package.

• (5) Seed loses its pedigreed status when

  • (a) sealed packages are opened elsewhere than in an approved conditioner registered under Part IV;

  • (b) the seed moves in unsealed packages to a place that is neither an approved conditioner nor a bulk storage facility registered under Part IV;

  • (c) the Association withdraws the crop certificate that was issued for the crop from which the seed is derived; or

  • (d) the seed has been contaminated such that it does not meet the standards for varietal purity established by the Association.

Seed Testing

• 11 (1) For the purposes of determining whether the seed meets the standards set out in sections 6 and 7, the seed shall be subject to the following tests

  • (a) in the case of seed to be graded with a Canada pedigreed grade name, other than seed corn, an officially recognized test;

  • (b) in the case of corn to be graded with a Canada pedigreed grade name, non-pedigreed seed of the kinds or species set out in Tables VII to XII to Schedule I, and for the purposes of subsection 40(2), a recognized standard method by

    • (i) an officially recognized laboratory,

    • (ii) in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of a similar size, an accredited grader,

    • (iii) a seed testing laboratory operating under the supervision of a Senior or Associate member of the Commercial Seed Analysts’ Association of Canada,

    • (iv) a seed testing laboratory operating under the supervision of a Registered Seed Technologist registered by the Society of Commercial Seed Technologists,

    • (v) a seed testing laboratory operated by or under the authority of a national or state government of a foreign country, or

    • (vi) a seed testing laboratory accredited by the International Seed Testing Association (ISTA); or

  • (c) in the case of all other seed, a recognized standard method.

• (2) Barley seed that has been labelled to indicate that it has been neither tested nor treated for true loose smut is exempt from being tested for true loose smut.

Sampling of Seed

• 12 (1) Samples of seed for the testing referred to in section 11 shall be taken in conformity with recognized standard methods.

• (2) Subject to subsection (3), a sample of seed submitted for testing shall be:

  • (a) where one gram of the seed lot contains 5,000 or more seeds, not less than 10 g;

  • (b) where one gram of the seed lot contains more than 25 seeds but less than 5,000 seeds, not less than 50,000 seeds; and

  • (c) where one gram of the seed lot contains 25 or less seeds, not less than 2 kg.

• (3) A working sample for determination of impurities shall be

  • (a) for the purpose of grading those kinds and species set out in Schedule I, the quantity indicated in Tables 1 and 2 of the Canadian Methods and Procedures for Testing Seed; and

  • (b) for all other purposes, one half of the quantity set out in subsection (2).

• (4) Subsections (2) and (3) do not apply if the sample is required for the purpose of checking only the percentage of germination.

Grading of Seed

• 13 (1) Except as provided in subsections (2) and (3), seed may be graded with a Canada pedigreed grade name only where

  • (a) the seed is of pedigreed status;

  • (b) the seed has been conditioned by the grower of the seed on the grower’s premises or by an approved conditioner registered pursuant to Part IV;

  • (c) the grower of the seed has completed and signed a declaration attesting that the seed is derived from a crop that has been issued a crop certificate and that the seed has not been contaminated by any other seed;

  • (d) the seed is graded by an accredited grader, based on

    • (i) the results of an officially recognized test, or

    • (ii) in the case of seed corn, a test done in accordance with paragraph 11(1)(b), and

  • (e) in the case of a varietal blend, the blend is a PPTM varietal blend of kinds or species set out in any of Tables I to II.1 and IV to VII of Schedule I.

• (2) Where seeds are not conditioned on the grower’s premises and it can be determined that the services of an approved conditioner are not available, a grower may, under the supervision of an inspector, have seed conditioned by other than an approved conditioner.

• (3) Imported seed may be graded with a Canada pedigreed grade name only where

  • (a) the seed meets the condition set out in paragraph 1(d); and

  • (b) the seed is imported in a package bearing a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status.

Samplers and Graders

• 13.1 (1) Any person who wishes to be accredited as a grader or licensed as a sampler shall

  • (a) apply for the accreditation or the licence in writing to

    • (i) a conformity verification body, or

    • (ii) the Registrar, if there is no conformity verification body;

  • (b) submit to an evaluation that is set by the Registrar and that measures knowledge of the principles and practices for the conditioning, sampling, testing and grading of seed of pedigreed status;

  • (c) where the individual wishes to be licensed to sample seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so sample;

  • (c.1) where the individual wishes to be accredited to retrieve, identify, classify and report weed seeds and other impurities from officially recognized samples, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so retrieve, identify, classify and report;

  • (c.2) where the individual wishes to be accredited to grade seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to grade seed; and

  • (d) where the individual wishes to be accredited to evaluate imported seed and accompanying documents for conformity with these Regulations, submit to an evaluation that is set by the Registrar that measures an individual’s ability to so evaluate.

• (1.1) When making an application under subparagraph (1)(a)(ii), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (2) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d), the Registrar shall accredit the individual as a grader for a period ending on December 31 of the following year and issue a certificate certifying that the individual is an accredited grader,

  • (a) on the recommendation of a conformity verification body; or

  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (2.1) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c), the Registrar shall issue to the individual a licence as a sampler for a period ending on December 31 of the following year,

  • (a) on the recommendation of a conformity verification body; or

  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (3) [Repealed, SOR/2007-223, s. 9]

• (4) [Repealed, SOR/2000-183, s. 39]

• (5) Unless the accreditation of a grader or the licence of a sampler has been suspended or cancelled under section 13.2, and subject to subsection 13.2(7), the Registrar shall annually renew the accreditation or the licence, either on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable annual fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation or licence is to be renewed.

• (6) The accreditation of a person as a grader or sampler is limited to those activities referred to in paragraphs (1)(b) to (d) for which the person has been evaluated and is qualified.

• (7) If a conformity verification body refuses to make a recommendation to the Registrar that an applicant’s accreditation as a grader or sampler be certified or renewed, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

• (8) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (9) The request shall include the reasons why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (10) On receipt of the request, the Registrar shall review the decision.

• (11) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.

• (12) If the Registrar finds that the conformity verification body should have recommended that the applicant’s accreditation as a grader or sampler be certified or renewed, the Registrar shall certify the accreditation or renew it, as the case may be, as if the recommendation had been made.

• (13) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.

• 13.2 (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if

  • (a) false or misleading information has been submitted in support of the application for the accreditation or licence; or

  • (b) the grader or sampler does not comply with a provision of the Act or these Regulations.

• (2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.

• (3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if

  • (a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;

  • (b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;

  • (c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;

  • (d) the grader or sampler provides false or misleading information to an inspector;

  • (e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or

  • (f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.

• (4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless

  • (a) an inspector has provided the grader or sampler with a written report setting out the reasons for the suspension or cancellation;

  • (b) the Registrar has given the grader or sampler an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

  • (c) the Registrar has sent a notice of suspension or cancellation of the accreditation or licence to the grader or sampler.

• (5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if

  • (a) the grader or sampler establishes that the basis for the cancellation was the result of an error and the grader or sampler took precautions and exercised due diligence to prevent the occurrence of the error;

  • (b) the grader or sampler undertakes to notify persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

  • (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time indicated by the Registrar.

• (6) A suspension of an accreditation or licence remains in effect until

  • (a) an inspector verifies that the grader or sampler has taken corrective measures; and

  • (b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.

• (7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).

• (8) [Repealed, SOR/2007-223, s. 10]

• (9) If an individual’s accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).

14 [Repealed, SOR/2012-13, s. 3]

Labelling

• 15 (1) Subject to subsection 20(5), the labelling information that is required by these Regulations shall be shown conspicuously, legibly and indelibly in either one or both official languages.

• (2) No label shall show

  • (a) any variation in the character, size, colour or placing of the printing that emphasizes or obscures any part of the labelling information required by these Regulations;

  • (b) any incorrect or misleading information or mark; or

  • (c) any brand name or mark that might be construed as the name of a variety.

• (3) Where any reference, direct or indirect, is made on a label to a place of production of the label or package and not to the place of production of the seed, the reference shall be accompanied by an additional statement indicating that the place of production refers only to the label or package.

• (4) Where seed that is produced, packaged and labelled in a country other than Canada has applied to it a label that shows the identity and principal place of business of the person in Canada for whom the seed was produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” or “imported for”, unless the geographic origin of the seed is stated on the label.

• 16 (1) All units of measurement required to be shown on a label shall be the units of the International System of Units, in accordance with the Weights and Measures Act.

• (2) Where a unit of measurement is expressed in units of the International System of Units in accordance with subsection (1), other units of measurement may also be used.

• 17 (1) Seed shall not be labelled with a grade name unless it has been

  • (a) graded pursuant to section 13, in the case of seed to be labelled with a Canada pedigreed grade name; and

  • (b) tested in accordance with section 11, in all other cases.

• (2) Every package of seed marked with the grade name “Canada Foundation Substandard”, “Canada Foundation Substandard (Purity)”, “Canada Registered Substandard” or “Canada Certified Substandard” shall indicate on a tag that is affixed to the package the percentage of germination of a representative sample of the seed determined pursuant to the appropriate test done in accordance with section 11 and the date on which the test was completed.

• (3) Every package of seed marked with a Varietal Blend grade name shall be labelled with the variety names and percentage of each variety.

• 18 (1) Subject to subsection (3), every package of seed of a kind or species set out in Schedule I shall be labelled with the following information as determined pursuant to the appropriate test done in accordance with section 11:

  • (a) the name and number of noxious weed seeds per unit weight;

  • (b) the name and number of other weed seeds per unit weight or, where the standard set out in Schedule I is based on percentage by weight, the name and percentage by weight of other weed seeds;

  • (c) the name and number of seeds of other crops per unit weight or, where the standard set out in Schedule I is based on percentage by weight, the name and percentage by weight of other crops;

  • (d) the percentage of germination of a representative sample of the seed; and

  • (e) the date on which the test was completed.

• (2) Subject to subsection (3), every package of seed of a kind or species that is not set out in Schedule I shall be labelled with the information referred to in paragraphs (1)(a) to (c) as determined pursuant to the appropriate test done in accordance with section 11.

• (3) Except for a package of seed marked with the grade name “Canada Foundation Substandard (Purity)”, subsections (1) and 2 do not apply where a vendor, in response to a request of a purchaser made within 1 year after the sale of a package, supplies the purchaser, in writing, within 30 days after the request is made, with the information specified in subsection (1) or (2), as the case may be.

• 19 (1) Every package containing 50 g or more of seed, other than tobacco seed, shall be marked with the net quantity of the seed contained in that package.

• (2) Every package containing 25 g or more of tobacco seed shall be marked with the net quantity of the seed contained in that package.

• (3) Subject to section 31, net quantity shall be declared by weight or by numerical count.

• (4) Notwithstanding subsection (3), corn that is labelled to indicate numerical count shall also be labelled to indicate net weight or number of seeds per unit weight.

• (5) Every package containing more than 5 kg of seed shall be marked with the lot designation of the seed.

• 20 (1) In this section, pest control product has the same meaning as in section 2 of the Pest Control Products Act.

• (2) Subject to subsection (3), any seed treated with a pest control product shall be thoroughly stained with a conspicuous colour to show that the seed has been so treated.

• (3) Seed that has been coated with any material that renders it conspicuous is exempt from the staining requirement.

• (4) Where seed has been treated with a pest control product, the precautionary symbol and signal word prescribed by the regulations made under the Pest Control Products Act to indicate the nature and degree of risk inherent in that product, together with the following statement, shall be marked on the package of the seed or on a conspicuous label attached to the package:

  Do not use for food or feed. This seed has been treated with (common or chemical name of pest control product)

• (5) In the case of seed that is sold in Canada and that has been treated with a pest control product, the precautionary symbol and signal word referred to in subsection (4) and the following statement shall be marked on the package of the seed, or on a conspicuous label attached to the package, in both official languages:

  “Do not use for food or feed. This seed has been treated with (common or chemical name of pest control product). Ne pas utiliser pour l’alimentation des personnes ou des animaux. Cette semence a été traitée avec (nom commun ou chimique du produit antiparasitaire).”

21 Where the registration of a variety is made subject to any of the terms and conditions set out in section 68, the seed shall be labelled when sold to indicate that the registration of the variety is restricted.

Exemptions from Labelling

• 22 (1) Non-pedigreed seeds grown, sold and delivered by a producer on the producer’s premises for seeding by a purchaser are exempt from the labelling requirements of sections 23 to 31 if the producer does not advertise the seed for sale.

• (2) Seed may be imported into Canada without meeting the labelling requirements of section 15 to 19, 21 and 23 to 31, but must meet those requirements before it is subsequently sold.

Seeds of Field Crops

23 Every package of seed of the kinds or species set out in Tables I to II.1 and IV to VII to Schedule I shall be labelled with the following information:

• (a) the name and address of the seller, packager or labeller;

• (b) the name of the kind or species of seed;

• (c) the name of the grade of the seed;

• (d) the variety name of the seed, if applicable;

• (e) in the case of imported seed corn, the name of the country of origin of production and, if from the United States, the state of origin of production;

• (f) in the case of seed corn that is a mixture of two or more varieties, except for PPTM varietal blends, the name and percentage of each of the component varieties and either the approximate Corn Heat Unit rating or the designation “early”, “medium” or “late”, as appropriate;

• (g) in the case of hybrid seed of corn or hybrid seed of sunflower, sold or offered for sale as a Canada Foundation grade, the total number of seeds of other crops, per kilogram and the percentage of germination; and

• (h) in the case of seed that is labelled as oilseed rape, rapeseed or canola and that is not labelled with a Canada pedigreed grade name, the name “Polish type” or “B. rapa”, “Argentine type” or “B. napus”, “B. juncea”, or the words “type not known”, as appropriate.

Mixtures of Cereals

• 24 (1) Subject to subsection (2), every package of a mixture of cereal seeds of the kinds or species set out in Table III to Schedule I shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller;

  • (b) the name of the grade of the seed;

  • (c) the name and percentage by weight of each kind or species of seed in the mixture; and

  • (d) the variety name of each variety of seed in the mixture, if applicable.

• (2) No Common No. 1 Cereal Mixture or Common No. 2 Cereal Mixture shall be labelled with a variety name.

Forage Crop Seed

25 Every package of seed of the kinds or species set out in Tables VIII to XII to Schedule I shall be labelled with the following information:

• (a) the name and address of the seller, packager or labeller;

• (b) the name of the kind or species of seed;

• (c) the name of the grade of the seed;

• (d) the variety name of the seed, if applicable;

• (e) in the case of alfalfa and red clover seed that is imported, the country of origin of production and, if from the United States, the state of origin of production; and

• (f) in the case of seed that is red clover or of a mixture containing five per cent or more of red clover, the words “double-cut” or “single-cut”, the letters “DC” or “SC”, or the words “type not known”, as appropriate.

Forage Seed Mixtures

• 26 (1) Every package of a mixture of forage seeds of the kinds or species set out in Table XIII to Schedule I shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller;

  • (b) the name of the grade of the seed;

  • (c) the name and percentage of each kind or species — and of each variety, if applicable — of seed that singly constitutes 3% or more by weight or, in the case of sweet clover, 1% or more by weight, of the mixture;

  • (d) the percentage by weight of the kinds or species of seed of the mixture not stated on the label pursuant to paragraph (c) preceded by the words “other kinds”; and

  • (e) in the case of alfalfa and red clover seed that is imported, the country of origin of production and, if from the United States, the state of origin of production, and the percentage included in the mixture.

• (2) Notwithstanding paragraph (1)(d), the label may show the name and percentage of each kind or species of seed in a package that singly constitutes one per cent or more by weight of the mixture.

• (3) The information to be labelled on a package pursuant to subsections (1) and (2) shall be

  • (a) on the principal display panel of the package if the labelling information is on the package, or on one side of the tag if the labelling information is on the tag; and

  • (b) of a consistent size of type.

Lawn Grass and Turf Grass Seed

27 Every package of seed of the kinds or species set out in Tables XI and XII to Schedule I and represented for use as lawn grass or turf grass shall be labelled with the following information:

• (a) the name and address of the seller, packager or labeller;

• (b) the name of the kind or species of seed;

• (c) the name of the grade of the seed; and

• (d) the variety name of the seed, if applicable.

Lawn Grass and Turf Grass Mixtures

• 28 (1) Every package of seed that is a lawn grass mixture or turf grass mixture shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller;

  • (b) the name of the grade of the seed; and

  • (c) if the package contains more than 5 kg of seed, the name of each kind or species — and of each variety, if applicable — of seed that constitutes

    • (i) five per cent or more by weight of the mixture,

    • (ii) three per cent or more by weight of the mixture, in the case of bentgrasses, or

    • (iii) two per cent or more by weight of the mixture, in the case of white clover.

• (2) Where the name of any kind, species or variety of seed contained in a lawn grass mixture or turf grass mixture is stated on a label to the exclusion of the other kinds, species or varieties in the mixture, or in a manner to emphasize that name, the percentage by weight of that kind, species or variety in the mixture shall be stated on the label in the same size and colour of type as the name.

Ground Cover Mixtures

• 29 (1) A label shall not contain any words or designs to indicate or imply that seed that is a ground cover mixture is suitable for use on home lawns or for forage production.

• (2) Every package of seed that is a ground cover mixture shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller;

  • (b) the name of the grade of the seed; and

  • (c) the name of each kind or species of seed

    • (i) that constitutes five per cent or more by weight of the mixture, or

    • (ii) that is listed in any provincial legislation as a noxious or restricted weed, where the seller, packager or labeller has the information referred to in subparagraph (i) and supplies the information in writing to purchasers on request.

• (3) Where the name of any kind, species or variety of seed contained in a ground cover mixture is stated on a label to the exclusion of the other kinds, species or varieties in the mixture, or in a manner to emphasize that name, the percentage by weight of that kind, species or variety in the mixture shall be stated on the label in the same size and colour of type as the name.

Flowers, Herbs, Roots, Vegetables and Other Miscellaneous Seed including Onion Sets and Multiplier Onions

30 Every package of seed of the kinds or species set out in Tables XVI to XXI to Schedule I and any kinds or species not set out in Schedule I shall be labelled with the following information:

• (a) the name and address of the seller, packager or labeller;

• (b) the name of the kind or species — and of the variety, if applicable — of the seed, or in the case of mixtures, the name of each kind or species — and of the varieties — of the seed, if applicable;

• (c) if the seed is sold or offered for sale on the basis of grade, the name of the grade of the particular seed; and

• (d) if a germination standard is prescribed for a particular kind or species under subsection 6(1) and the seed is not sold on the basis of a grade of a seed,

  • (i) the year in which the seed was tested for germination pursuant to the appropriate test prescribed by section 11 or the year for which the seed was packaged, and

  • (ii) the percentage of germination of the seed or a minimum guaranteed percentage of germination.

Specialty Seed

• 31 (1) All seed that is specialty seed shall be labelled to indicate the kind or species of seed and the approximate percentage or net quantity of seed in the product.

• (2) Every package of seed that is a specialty seed shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller; and

  • (b) the name of the grade of the seed, if applicable.

• (3) In addition to the labelling requirements referred to in subsection (2), every package of seed that is a specialty seed shall be labelled with the information required by the appropriate section of these Regulations with respect to that seed.

Seed Packaging and Official Tags

• 32 (1) An official tag shall only be applied by or under the direction of an inspector or accredited grader.

• (2) Except where seed is labelled with a Canada Substandard grade name, an official tag shall only contain the information required pursuant to sections 33 to 36.

• 33 (1) Subject to subsection (3) and sections 35 and 37, every package of seed derived from a crop grown and conditioned in Canada and graded with a Canada pedigreed grade name shall be fastened and tagged with a domestic tag.

• (2) The domestic tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the name of the grade of the seed;

  • (c) the variety name of the seed, or in the case of a PPTM varietal blend, the names of the varieties in the blend;

  • (d) except in the case of a mixture set out in Table III, XIII or XIV of Schedule I, the crop certificate number or, in the case of a blend of two or more original seed lots of certified status, whether of the same variety or a PPTM varietal blend, the two-digit seed year designation followed by the word “BLEND”; and

  • (e) the lot number.

• (3) An approved conditioner registered pursuant to Part IV is exempt from subsection (1) where

  • (a) the seed is of certified status;

  • (b) the package of seed has been fastened and labelled by that approved conditioner;

  • (c) the name of the seller, packager or labeller is marked on the package, and

    • (i) the information required by subsection (2) is marked on the package and the layout of the information, the area marked and the colour conform to the domestic tag, or

    • (ii) in the case of packages containing 2 kg or less of seed, the words “Certified Seed” appear in a blue rectangle that meets the colour requirements of the official tag and that has a length to width ratio of approximately 2:1 and the information set out in paragraphs (2)(a) to (c) and (e) appears elsewhere on the package; and

  • (d) in the case of packages referred to in subparagraph (c)(i), each time the approved conditioner proposes to obtain those packages, the approved conditioner notifies the Agency of that proposal.

• (4) The approved conditioner referred to in subsection (3) shall maintain complete and up-to-date records concerning the requests for and disposal of any package referred to in that subsection for a period of not less than two years following the disposal of the package.

• 34 (1) Subject to subsections (3) and (5) and sections 35 and 37, every package of seed derived in whole or in part from a crop not grown and conditioned in Canada and graded with a Canada pedigreed grade name shall be fastened and tagged with an inter-agency certification tag.

• (2) The inter-agency certification tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the name of the grade of the seed;

  • (c) the variety name of the seed or, in the case of a PPTM varietal blend, the names of the varieties in the blend;

  • (d) the lot number;

  • (e) the state or country of the official certifying agency; and

  • (f) the pedigreed reference number of the official certifying agency.

• (3) An approved conditioner registered pursuant to Part IV is exempt from subsection (1) where

  • (a) the seed is of certified status;

  • (b) the package of seed has been fastened and labelled by that approved conditioner;

  • (c) the name of the seller, packager or labeller is marked on the package, and

    • (i) the information required by subsection (2) is marked on the package and the layout of the information, the area marked and the colour conform to the inter-agency certification tag, or

    • (ii) in the case of packages containing 2 kg or less of seed the words “Certified Seed” appear in a blue rectangle that meets the colour requirements of the official tag and that has a length to width ratio of approximately 2:1 and the information set out in paragraphs (2)(a) to (e) appears elsewhere on the package; and

  • (d) in the case of packages referred to in subparagraph (c)(i), each time the approved conditioner proposes to obtain those packages, the approved conditioner notifies the Agency of that proposal.

• (4) The approved conditioner referred to in subsection (3) shall maintain complete and up-to-date records concerning the requests for and disposal of any package referred to in that subsection for a period of not less than two years following the disposal of the package.

• (5) A package of seed of certified status is exempt from subsection (1) if

  • (a) the package bears a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status;

  • (b) in the case of seed labelled with a Canada pedigreed grade name in Canada, the Canada pedigreed grade name appears on a document that accompanies each sale of the seed and that bears the name of the person selling the seed; and

  • (c) in the case of seed imported into Canada labelled with a Canada pedigreed grade name, the Canada pedigreed grade name and the accredited grader number appear on a label attached to or printed directly on each package of seed.

• 35 (1) Subject to section 37, every package of seed of a variety that is graded with a Canada pedigreed grade name shall be fastened and tagged with an unregistered variety tag if the seed is

  • (a) of a kind, species or variety not exempt from registration pursuant to section 65;

  • (b) of a variety not registered under Part III; and

  • (c) sold in Canada.

• (2) The unregistered variety tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the name of the grade of the seed;

  • (d) the lot number;

  • (e) the crop certificate number; and

  • (f) if the seed is derived from a crop not grown in Canada, the country or the state of the official certifying agency and the pedigreed reference number of that agency.

• 36 (1) A pedigreed status tag may be applied to seed derived from a crop grown in Canada and not graded.

• (2) The pedigreed status tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the crop certificate number; and

  • (d) the pedigreed status of the seed.

37 Seed that has been graded with a Canada pedigreed grade name is exempt from the requirement to be sold in fastened packages where

• (a) the seed is sold in bulk and delivered by a bulk storage facility within the meaning of Part IV;

• (b) the seed is accompanied by a completed official tag at the time of the sale;

• (b.1) the seed, at the time of delivery, is accompanied by written information that, if the seed were in a fastened package, would be required by section 19, subsection 20(4) and sections 21 and 35 to be marked on the package or to be contained on the package’s label or tag; and

• (c) the vendor of the seed maintains complete and up-to-date records concerning the pedigree, conditioning, testing done in accordance with section 11 and disposal of the seed for a period of not less than one year following the disposal of the seed.

Advertising

38 Seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act in so far as it may be advertised for sale in Canada if

• (a) the variety has been reviewed by a recommending committee for registration pursuant to Part III;

• (b) an application for the registration of the variety has been received by the Registrar pursuant to Part III; and

• (c) the advertising indicates that registration is pending.

Seed Crop Inspection

• 39 (1) Seed crop inspection by inspectors of the Agency shall be limited to crops for the production of seed of pedigreed status and special seed crops.

• (2) The inspection of a seed crop shall be refused by an official of the Agency where

  • (a) the request therefor is received too late in the season to make the inspection or to make arrangements for the inspection; or

  • (b) inspectors or facilities for inspection are not available.

Seed Importations

• 40 (1) Subject to subsections (5) and (6), each seed lot that is imported into Canada shall be accompanied by a statement that contains the following information:

  • (a) the name of the kind or species of seed;

  • (b) the quantity of seed;

  • (c) the variety name of the seed for all kinds, species and varieties subject to registration under Part III, other than non-pedigreed seed of forage crops;

  • (d) the lot designation of the seed;

  • (e) the name and address of the exporter; and

  • (f) the name and address of the importer.

• (2) Except as provided by subsection (5) or (6), the seed shall be accompanied by a seed analysis certificate indicating that the seed has been tested pursuant to paragraph 11(1)(b).

• (3) Except as provided by subsection (5) or (6), the importer shall provide the Agency with a signed declaration stating

  • (a) the information specified in subsection (1);

  • (b) the country where the crop from which the seed is derived was grown;

  • (c) the telephone number of the importer; and

  • (d) the intended purposes of the imported seed.

• (4) Where seed is imported into Canada by a person other than an establishment registered pursuant to Part IV as an authorized importer, it shall be kept separate and intact in the original packages until a notice of release has been issued by the Agency indicating that the seed meets the requirements of these Regulations.

• (5) Subsections (1) to (4) do not apply in respect of a seed lot that

  • (a) is composed of onion or garlic sets, tree seeds, shrub seeds, ginseng seeds, aquatic plant seeds, true potato seeds or flower seeds, except wildflower seed mixtures;

  • (b) weighs 5 kg or less, in the case of seed of the kinds or species set out in any of Tables I to VI and XVI to XVIII to Schedule I, or seeds of similar size or herb seeds; or

  • (c) weighs 500 g or less, in the case of seed of the kinds or species set out in any of Tables VII to XII to Schedule I, or seeds of similar size.

• (6) Subsections (1) to (3) do not apply in respect of seed that is imported by an authorized importer where the authorized importer supplies the Agency with the establishment registration number at the time of importation and the information required by subsection (3) within 30 days after that time.

• (7) If seed has been imported into Canada by an authorized importer under subsection (6), it shall be kept separate and intact in the original containers until a notice of release has been completed by an individual accredited under section 13.1 to evaluate imported seed and accompanying documents for conformity with these Regulations or the seed has been tested and found to be in conformity with these Regulations.

• 41 (1) Subject to subsection (2), seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act if it is imported into Canada for the purpose of

  • (a) conditioning;

  • (b) research;

  • (c) seeding by the importer; or

  • (d) sale pursuant to subsection 5(4).

• (2) Seed of any variety of spring wheat, winter wheat or durum wheat that is imported into the Canadian Wheat Board Area is exempt from the operation of paragraph 3(1)(b) of the Act only if it is imported for the purpose of

  • (a) conditioning;

  • (b) research; or

  • (c) sale pursuant to subsection 5(4).

42 [Repealed, SOR/2008-228, s. 2]

Detentions

• 43 (1) Any seed or package seized pursuant to section 8 of the Act may be detained by an inspector at any place by attaching a detention tag to

  • (a) where only the seed is seized, the package provided by the Agency and in which the seed is placed;

  • (b) where only the package is seized, the package;

  • (c) where the package and the seed are seized, the package; and

  • (d) where a seed lot in packages is seized, at least one package of the seed lot.

• (2) On attaching a detention tag to the appropriate package referred to in subsection (1), the inspector shall deliver or mail a notice of the detention to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (3) No person shall alter or remove a detention tag attached to a package, or sell any seed or package detained, pursuant to subsection (1).

• (4) No person shall move any seed or package detained pursuant to subsection (1), except where an inspector issues a written authorization indicating that the seed or package must be placed in a safer or more convenient location.

• (5) Unless an official sample has already been taken of such seed, an inspector shall take an official sample of each seed lot that has been detained.

• (6) On release from detention of the seed or package, an inspector shall deliver or mail a notice of release to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (7) Costs incidental to the detention are payable and recoverable from the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

44 [Repealed, SOR/97-534, s. 3]

PART IISeed Potatoes

Interpretation

45 In this Part,

Act

Act means the Seeds Act; (Loi)

Agency

Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

aseptic environment

aseptic environment means a facility which excludes microorganisms that are capable of causing contamination or infection; (milieu aseptique)

bacterial ring rot

bacterial ring rot means the disease caused by the bacterial pathogen Clavibacter michiganensis subsp. sepedonicus; (flétrissement bactérien)

Breeder’s Selection seed potatoes

Breeder’s Selection seed potatoes means seed potatoes that are direct progeny of true seed, or of selected tubers, and that are grown for the purpose of evaluation as a potential variety for commercial use; (pommes de terre de semences Choix du sélectionneur)

certificate number

certificate number means the number that appears on a crop certificate to identify a crop and that appears on a seed potato tag, a record of bulk movement, a permit issued under section 57, or a special certificate of authorization issued under section 61, to identify the tubers produced by that crop; (numéro de certificat)

class

class means a class of seed potatoes established in section 47; (classe)

common equipment

common equipment means any piece of farming, storing, transporting or sorting equipment that is used jointly by two or more growers; (équipement commun)

crop

crop means Breeder’s Selection seed potatoes, or a variety and class of seed potatoes, growing in an aseptic environment, a protected environment or in one or more fields of a farm unit; (culture)

Department

Department[Repealed, SOR/2000-184, s. 84]

Director

Director[Repealed, SOR/2000-184, s. 84]

farm unit

farm unit means

• (a) a single tract of land operated for the production and marketing of seed potatoes under the control of a grower, or

• (b) a number of separate tracts of land operated as a single unit, with the use of common equipment, facilities or storage, for the production and marketing of seed potatoes under the control of the same grower; (unité de production)

field

field means the identifiable area of land on which Breeder’s Selection seed potatoes, or seed potatoes of a particular variety and class, are planted or have been produced; (champ)

generation

generation[Repealed, SOR/2002-198, s. 1]

grower

grower means an individual, a cooperative, a corporation or a partnership that grows seed potatoes; (producteur)

laboratory tests

laboratory tests means tests that are conducted in a laboratory that is accredited under the Agency Laboratory Accreditation Program or in a laboratory that can reasonably be considered to be equivalent to a laboratory accredited under that program; (essais en laboratoire)

lot

lot means the quantity of harvested seed potatoes of a variety and class that is identifiable by one certificate number or the quantity of Breeder’s Selection seed potatoes that are identifiable by one certificate number; (lot)

non-certified potatoes

non-certified potatoes means

• (a) potatoes that do not meet the standards for any of the classes established in section 47 or the standards established for Breeder’s Selection seed potatoes in section 61.1, or

• (b) seed potatoes that have been transported without seed potato tags, a record of bulk movement, a permit issued under section 57 or a special certificate of authorization issued under section 61; (pommes de terre non certifiées)

nuclear stock

nuclear stock[Repealed, SOR/97-118, s. 1]

protected environment

protected environment means a facility for which there are appropriate procedures and physical barriers to prevent the entry of plant pathogens and insects; (milieu protégé)

PSTV

PSTV means the disease in a potato plant or tuber caused by the pathogen known as potato spindle tuber viroid; (filosité des tubercules)

record of bulk movement

record of bulk movement means a record provided to a grower under subsection 56(1); (dossier de transport en vrac)

seed potato

seed potato means a tuber, or any part of a tuber, or nuclear stock, that is certified under these Regulations for seed-reproduction purposes; (pomme de terre de semence)

seed potato tag

seed potato tag means a tag provided to a grower under subsection 53(1); (étiquette de pommes de terre de semence)

shipment

shipment means the movement of one lot, or any part thereof, of seed potatoes to a single consignee; (expédition)

table stock potato

table stock potato[Repealed, SOR/2002-198, s. 1]

tuber unit

tuber unit means the separate pieces of one tuber that are planted consecutively in two or more hills in a row; (tubercules individualisés)

variety

variety means a variety of seed potatoes that

• (a) is distinguished by common morphological, physiological, cytological, chemical or other common characteristics, and

• (b) retains its distinguishing characteristics when reproduced; (variété)

volunteer

volunteer means a growing plant that originates from a tuber that has been left in a field from a previous crop; (plant spontané)

zero tolerance

zero tolerance means

• (a) in respect of a disease, the requirement of the absence of the disease in a plant, or in any part thereof, including a tuber, and

• (b) in respect of a varietal mixture, the requirement of the absence of the mixture of two or more varieties. (tolérance zéro)

Application

46 This Part applies in respect of seed potatoes that are sold or advertised for sale in Canada, imported into Canada or exported from Canada.

46.1 [Repealed, SOR/2000-183, s. 40]

Classes of Seed Potatoes and Class Names

47 The following classes of seed potatoes are established, as listed, from the highest quality to the lowest:

• (a) Nuclear Stock;

• (b) Pre-Elite;

• (c) Elite I;

• (d) Elite II;

• (e) Elite III;

• (f) Elite IV;

• (g) Foundation; and

• (h) Certified.

Standards for Classes of Seed Potatoes

47.1 The standards for the classes of seed potatoes established in section 47 are those set out in sections 47.11 to 47.8.

Method of Inspection

47.101 The inspection of seed potatoes shall be made either visually or through laboratory tests or both.

Nuclear Stock

• 47.11 (1) Nuclear Stock seed potatoes shall be

  • (a) produced from potato tissue culture material that has been tested and found free of bacterial ring rot, PSTV and viruses;

  • (b) laboratory tested within 12 months before the completion of the multiplication process and found free of bacterial ring rot, PSTV and viruses;

  • (c) produced in an aseptic or protected environment;

  • (d) visibly free from varietal mixtures;

  • (e) free from pathogenic bacteria or viruses, saprophytic contamination or other symptoms of diseases that could affect the quality of the material; and

  • (f) if produced in a protected environment,

    • (i) inspected by an inspector at least once during the growing period, and

    • (ii) grown in a medium that has not been previously used.

• (2) Subject to paragraph 6(1)(d) of the Act, an inspector may ask a grower to provide records that contain the following information:

  • (a) the origin of each variety;

  • (b) the testing history of each variety;

  • (c) the pedigree of each variety; and

  • (d) evidence that subparagraph (1)(f)(ii) has been complied with.

• (3) Any material that is being produced as Nuclear Stock seed potatoes shall be removed without delay from an aseptic or protected environment if it tests positive for pathogenic bacterial or viral organisms or manifests signs or symptoms of saprophytic contamination.

• (4) A person who sells or transfers Nuclear Stock seed potatoes shall identify those seed potatoes with a seed potato tag or a certificate provided by an inspector that indicates that the seed potatoes are Nuclear Stock seed potatoes.

Pre-Elite

• 47.2 (1) Pre-Elite seed potatoes shall be

  • (a) produced from Nuclear Stock seed potatoes, from cuttings or plants that were produced in a protected environment or from tubers or selected clones, that were determined by laboratory tests to be free from any disease that could affect the quality of the seed;

  • (b) produced in a field where potatoes were not planted for the previous two years; and

  • (c) inspected by an inspector at least two times during the growing season.

• (2) Pre-Elite seed potatoes shall be given the status of field generation 1 if the crop is produced in the field for the first time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	0	0
  4	Total of blackleg and wilts	0	0
  5	Varietal mixtures	0.1	0

Elite I

• 47.3 (1) Elite I seed potatoes shall be

  • (a) produced from Nuclear Stock or Pre-Elite seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Elite I seed potatoes shall be given the status of field generation 2 if the crop is produced in the field for the second time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	0.1	0
  4	Total of blackleg and wilts	0.1	0.1
  5	Varietal mixtures	0.1	0

Elite II

• 47.4 (1) Elite II seed potatoes shall be

  • (a) produced from Elite I or a higher class of seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Elite II seed potatoes shall be given the status of field generation 3 if the crop is produced in the field for the third time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	0.2	0.1
  4	Total of blackleg and wilts	0.2	0.2
  5	Varietal mixtures	0.1	0

Elite III

• 47.5 (1) Elite III seed potatoes shall be

  • (a) produced from Elite II or a higher class of seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Elite III seed potatoes shall be given the status of field generation 4 if the crop is produced in the field for the fourth time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	0.3	0.2
  4	Total of blackleg and wilts	0.3	0.3
  5	Varietal mixtures	0.2	0.05

Elite IV

• 47.6 (1) Elite IV seed potatoes shall be

  • (a) produced from Elite III or a higher class of seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Elite IV seed potatoes shall be given the status of field generation 5 if the crop is produced in the field for the fifth time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	0.6	0.3
  4	Total of blackleg and wilts	0.5	0.5
  5	Varietal mixtures	0.2	0.1

Foundation

• 47.7 (1) Foundation seed potatoes shall be

  • (a) produced from Elite IV or a higher class of seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Foundation seed potatoes shall be given the status of field generation 6 if the crop is produced in the field for the sixth time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	1	0.5
  4	Total of blackleg and wilts	1	1
  5	Varietal mixtures	0.4	0.2

Certified

• 47.8 (1) Certified seed potatoes shall be

  • (a) produced from Foundation or a higher class of seed potatoes; and

  • (b) inspected by an inspector at least two times during the growing season.

• (2) Certified seed potatoes shall be given the status of field generation 7 if the crop is produced in the field for the seventh time.

• (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

  	Column 1	Column 2	Column 3
  Item	Disease or Varietal Mixture	Percentage on First or any Subsequent Inspection	Percentage on Final Inspection
  1	PSTV	0	0
  2	Bacterial ring rot	0	0
  3	Total of all viruses	3	2
  4	Total of blackleg and wilts	3	2
  5	Varietal mixtures	1	0.5

Tuber Grade Sizes

• 48 (1) All documentation for any quantity of graded seed potatoes, whether in containers or in bulk, shall specify, in millimetres, the minimum and maximum size of the graded tubers.

• (2) Subject to subsection (3), that specification of minimum and maximum size shall be in accordance with the following:

  • (a) the minimum size shall not be less than 30 mm; and

  • (b) the maximum size shall not be greater than 70 mm for long type varieties or 80 mm for round type varieties.

• (3) If a grower or supplier of graded seed potatoes has an agreement with a purchaser for the purchase of graded seed potatoes from the grower or supplier,

  • (a) the agreement shall state the quantity of graded seed potatoes to be purchased as well as their minimum and maximum sizes, which may be different from the minimum and maximum sizes set out in subsection (2); and

  • (b) the minimum and maximum sizes stated in the agreement may be used on all seed potato tags and records of bulk movement to denote the size for the graded seed potatoes.

• (4) Any quantity of seed potatoes supplied under the agreement shall be sorted and graded by the grower or supplier, and at least 95% of the tubers by weight must be within the minimum and maximum sizes set out in subsection (3).

• (5) Nuclear Stock seed potatoes and Breeder’s Selection seed potatoes are exempt from the requirements in subsection (1).

Standards for Tubers

• 48.1 (1) Seed potatoes of a class established in section 47 shall meet the standards prescribed in subsection (2).

• (2) The percentage of tubers in any lot showing symptoms of any disease or defect set out in Column I of an item of the table to this subsection shall not, at the point of shipping, exceed the percentage set out in Column II of that item and shall not, at destination, exceed the percentage set out in Column III of that item.

  	Column I	Column II	Column III
  Item	Disease or Defect	Percentage by Count at Shipping Point	Percentage by Count at Destination
  1	Soft rot or wet breakdown	0.1	0.5
  2	Dry rot, including late blight	1.0	1.0
  3	Scab and Rhizoctonia combined
  	(a) light	10.0	10.0
  	(b) moderate	5.0	5.0
  4	Stem-end discolouration due to top-killing, frost, heat or drought, with penetration from 6 to 13 mm	4.0	4.0
  5	Malformed and damage	2.0	3.0

• (3) For the purposes of the table to subsection (2),

  light Rhizoctonia

  light Rhizoctonia means that 1 to 5 per cent of the tuber surface is covered with Rhizoctonia sclerotia; (rhizoctonie légère)

  light scab

  light scab means that 1 to 5 per cent of the tuber surface is covered with common scab lesions; (gale légère)

  moderate Rhizoctonia

  moderate Rhizoctonia means that 5 to 10 per cent of the tuber surface is covered with Rhizoctonia sclerotia; (rhizoctonie modérée)

  moderate scab

  moderate scab means that 5 to 10 per cent of the tuber surface is covered with common scab lesions. (gale modérée)

• (4) In any lot, the number of tubers that are affected by light and moderate scab and Rhizoctonia combined shall not exceed 10 per cent of the total number of tubers in the lot.

• (5) [Repealed, SOR/2002-198, s. 4]

• (6) The percentage of tubers found in a lot of any class that is of a variety other than the variety of which the lot generally consists shall not exceed the percentage permitted by sections 47.11 to 47.8 for that class.

• (7) In any lot, the number of tubers in the aggregate that are affected by disease and defects, not including light scab, light Rhizoctonia and stem-end discolouration, shall not exceed 5 per cent of the total number of tubers in the lot.

• (8) At the point of shipping, not more than 5 per cent of tubers in a lot shall be affected by pressure bruising on over 10 per cent of their surface.

• (9) At the point of shipping, not more than 10 per cent of the tubers in a lot shall have sprouts longer than 2 cm.

• (10) In any lot, at least 98 per cent of tubers shall be firm and well shaped.

• (11) No tubers in any lot shall be washed.

Application for Crop Inspection

• 49 (1) An application by a grower for an inspection of a crop shall be made on a form provided by the Agency and shall include the following information and be accompanied by the following documents:

  • (a) seed potato tags or other documents that attest to the origin and class of each seed lot planted;

  • (b) a list of all of the grower’s crops;

  • (c) in the case of a crop that was planted with seed potatoes that were produced by the grower, information or documents that show that at least two field-grown lots from the grower’s farm unit have been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (d) in the case of a crop that was planted with Elite II, Elite III, Elite IV or Foundation seed potatoes that were not produced by the grower, information or documents that show that those seed potatoes have been subjected to laboratory tests and not found positive for Clavibacter michiganensis subsp. sepedonicus; and

  • (e) in the case of an application made by a new seed potato grower, a document, issued by an inspector, that verifies that a clean-up and disinfection of the premises at the grower’s farm unit was completed before the arrival of the seed potatoes for planting and that the crop was not planted in a field where non-certified potatoes were grown in either of the previous two years.

• (2) The application shall be delivered to the office of the Agency specified on the form by the following deadlines:

  • (a) in the case of field-grown crops, on or before June 30 of the crop year in respect of which the application is made;

  • (b) in the case of crops produced in a protected environment, 30 days after planting; and

  • (c) in the case of crops produced in an aseptic environment, before material is transferred to a new owner of the material or transferred to a protected environment.

• (3) An application may be made after the deadline specified in subsection (2) if there is still time for the inspection to be carried out in accordance with these Regulations and the grower shows that the delay in submitting the application was beyond the grower’s control.

Conditions for Crop Inspection

• 50 (1) Subject to subsections (3) and (4), inspection of a crop shall be made if the crop is planted with seed potatoes that

  • (a) are of a variety that

    • (i) is registered in accordance with Part III, or

    • (ii) is not registered, if the potatoes are being grown solely for experimental purposes or for evaluation for the purposes of registration; and

  • (b) are of a class established in section 47 or are Breeder’s Selection seed potatoes.

• (2) An inspector shall inspect a crop that is planted with imported seed potatoes if the seed potatoes meet the requirements of paragraphs 59(2)(a) to (c).

• (3) An inspector shall not inspect a crop of a grower if

  • (a) in the current year,

    • (i) non-certified potatoes or Certified seed potatoes have been planted in fields under cultivation by the grower,

    • (ii) the crop is growing in a field where non-certified potatoes were planted in the previous two years, or

    • (iii) the crop is growing in a field where there has been an occurrence of bacterial ring rot, unless the inspector verifies that the field has been free of potatoes, including volunteers, for the previous two years; or

  • (b) in the previous year, potatoes infected with Clavibacter michiganensis subsp. sepedonicus were produced in fields under cultivation by the grower, or were found in buildings or on equipment used by the grower and a clean-up and disinfection of the building and equipment was not verified by an inspector.

• (4) An inspector shall not inspect a crop of a grower if

  • (a) as a result of late planting, lack of cultivation, lack of vigour, the existence of weeds, leaf injury or pesticide injury, an inspector is unable to conduct a visual inspection of the crop;

  • (b) the distance between adjacent fields is less than the space required for one blank row;

  • (c) there are not at least 10 m of blank row at each end of the field to separate one class of a variety from another class of the same variety; or

  • (d) equipment used in relation to planting, cultivating or spraying the crop has been exposed to contamination by pathogens that are or may be detrimental to the crop, unless the equipment, each time before it has entered a field of a farm unit, has been thoroughly cleaned and disinfected in such a way as to destroy the contamination and the grower demonstrates to the inspector that the clean-up and disinfection has been completed.

Crop Inspection

• 51 (1) At the time of inspection of a crop, an inspector shall inspect the crop to determine whether it meets the applicable standards stated in sections 47.11 to 47.8 and 61.1.

• (2) Before the first inspection of the crop, the grower shall submit for examination by an inspector all seed potato tags and other documents pertaining to the source of the seed potatoes planted on the farm unit.

Crop Certificate

• 52 (1) Subject to subsections (2) to (4), if an inspector has inspected crops on a farm unit and finds that they meet the applicable standards set out in sections 47.11 to 47.8 and 61.1, the inspector shall issue to the grower a crop certificate.

• (1.1) In the case of Breeder’s Selection seed potatoes, the crop certificate shall specify for each crop

  • (a) the information by which the crop is identified on the application made under section 49;

  • (b) the number of plants or the number of hectares that passed inspection; and

  • (c) the certificate number.

• (1.2) In the case of seed potatoes of a class and variety, the crop certificate shall specify for each crop

  • (a) the class and variety of the seed potatoes;

  • (b) the number of plants or the number of hectares that passed inspection; and

  • (c) the certificate number.

• (2) An inspector shall not issue a crop certificate in respect of a particular crop where

  • (a) the crop was not top-killed as directed by an inspector;

  • (b) the crop has been treated with a sprout inhibitor; or

  • (c) the inspector determines that the crop has been exposed to a sprout inhibitor from any source.

• (3) An inspector shall not issue a crop certificate in respect of any crop of a grower if

  • (a) the inspector determines, based on crop inspection and laboratory verification, that any crop under production by the grower is infected with Clavibacter michiganensis subsp. sepedonicus; or

  • (b) any common or custom equipment was used in cutting tubers infected with Clavibacter michiganensis subsp. sepedonicus, or in planting, spraying or cultivating a crop infected with Clavibacter michiganensis subsp. sepedonicus unless the equipment, each time prior to entering a field of a farm unit, has been thoroughly cleaned and disinfected in such a way as to destroy the contamination and the grower demonstrates to the inspector that the clean-up and disinfection has been completed.

• (4) An inspector shall not issue a crop certificate in respect of a crop if the inspector determines that the crop has been infected with the potato spindle tuber viroid or that pathogen was present in the source of seed potatoes used to plant that crop.

• (5) An inspector shall revoke a crop certificate issued pursuant to subsection (1) in respect of a particular crop at any time if the inspector determines that the corresponding lot

  • (a) has been exposed to sprout inhibitors or other harmful chemicals;

  • (b) has lost its identity;

  • (c) has lost its ability to propagate;

  • (d) is infested with a pest as defined in section 3 of the Plant Protection Act; or

  • (e) is infected with potato spindle tuber viroid or was produced from a source of seed potatoes infected with that pathogen.

• (6) An inspector shall revoke all crop certificates issued pursuant to subsection (1) in respect of the crops of a farm unit where

  • (a) the inspector determines that any one of the lots is infected with Clavibacter michiganensis subsp. sepedonicus; or

  • (b) any one of the lots came in contact with any common or custom equipment used on a potato operation that was infected with Clavibacter michiganensis subsp. sepedonicus unless the inspector has verified that a clean-up and disinfection of the equipment had been completed before the use of the equipment on the crops.

• (7) An inspector shall revoke a crop certificate issued pursuant to subsection (1) where the inspector determines that non-certified potatoes from another farm unit are stored with the certified seed potatoes or that the certified seed potatoes were stored, graded or handled with common equipment.

• (8) After a crop certificate has been issued, an inspector shall, if requested by a certification authority, issue a North American Certified Seed Potato Health Certificate to substantiate the health status of a seed potato lot to which the crop certificate applies.

Tuber Storage

• 52.1 (1) A grower shall store each lot in a manner that prevents varietal mixture and mixture with non-certified potatoes.

• (2) Where lots of different classes of a single variety are stored in the same bin without separation to prevent mixture, the seed potatoes shall be given the certificate number of the lot with the lowest class.

• (3) Where two or more lots of the same class of a single variety are stored in the same bin without separation to prevent mixture, the seed potatoes shall be given the certificate number of the lot with the highest disease percentage.

• (4) A grower shall identify each lot in storage according to the name of the applicable class established in section 47 or the name “Breeder’s Selection”, as the case may be.

• (5) A grower shall hold in storage any lot, or any part of any lot, that may have been exposed to freezing temperatures or that may be infected with late blight, Fusarium or other tuber-rotting organisms, until such time has passed during which any defects or symptoms could reasonably be expected to develop, so that an inspector is able to determine whether the lot meets the standards set out in subsections 48.1(2) to (10).

Seed Potato Tags

• 53 (1) Subject to subsection (6), an inspector shall provide seed potato tags to a grower for use by the grower in labelling seed potatoes, other than Breeder’s Selection seed potatoes, if

  • (a) a request from the grower has been received by the inspector in respect of a crop for which a crop certificate was issued; and

  • (b) a sample of the lot or growing crop for which the seed potato tags are provided, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

• (2) A grower who receives seed potato tags shall grade seed potatoes in accordance with section 48 and subsections 48.1(2) to (10).

• (3) A grower who receives seed potato tags shall attach them to the containers of seed potatoes that were produced from a crop in respect of which a crop certificate has been issued.

• (4) If an inspector, on inspection, determines that seed potatoes for which seed potato tags were provided under subsection (1) do not meet the standards or grade size set out in sections 47.11 to 47.8, 48 and 48.1, the inspector shall request the grower to re-grade the seed potatoes, and if the grower refuses to re-grade or cannot re-grade the seed potatoes, the grower shall return the seed potato tags to the inspector.

• (5) Every seed potato tag shall have printed on it

  • (a) the class, variety and size of the seed potatoes;

  • (b) the crop certificate number;

  • (c) any additional information that is necessary to meet the requirements of the laws of the country that will be importing the seed potatoes;

  • (d) the date on which the information set out in paragraphs (a) to (c) is printed on the seed potato tag; and

  • (e) the following statements, in French and English:

    THE GROWER declares that the seed potatoes contained in this shipment are from the crop for which a crop certificate was issued bearing the crop certificate number shown on this tag and that they are graded in accordance with section 48 and subsections 48.1(2) to (10) of the Seeds Regulations.

    A request for reinspection of the seed potato lot may be made to the Canadian Food Inspection Agency within two working days after receipt of the lot.

    NOTE

    Inspection for the purpose of certification was made either visually or through laboratory testing of samples, or both. Certification does not constitute a warranty, by either the Canadian Food Inspection Agency or the grower, that the seed potatoes meet the applicable standards set out in sections 47.11 to 47.8 of the Seeds Regulations.

    LE PRODUCTEUR déclare que les pommes de terre de semence qui font l’objet de la présente expédition proviennent de la culture certifiée par le certificat de culture dont le numéro figure sur la présente étiquette et qu’elles ont été classées conformément à l’article 48 et aux paragraphes 48.1(2) à (10) du Règlement sur les semences.

    Une demande de réinspection du lot de pommes de terre de semence peut être faite à l’Agence canadienne d’inspection des aliments dans les deux jours ouvrables suivant la réception du lot.

    REMARQUE

    L’inspection en vue de la certification a été effectuée soit visuellement, soit au moyen d’essais de laboratoire sur des échantillons, soit par les deux moyens. La certification ne constitue pas une garantie, de la part de l’Agence canadienne d’inspection des aliments ou du producteur, que les pommes de terre de semence satisfont aux normes applicables énoncées aux articles 47.11 à 47.8 du Règlement sur les semences.

• (6) An inspector shall not provide seed potato tags to a grower in respect of a lot of Pre-Elite, Elite I or Elite II class of seed potatoes if the grower was not granted a crop certificate in each of the previous three years due to the presence of Clavibacter michiganensis subsp. sepedonicus in a field, in storage or on equipment of that grower.

Packaging and Marking

• 54 (1) Subject to subsection (3) and section 56, seed potatoes shall be packaged in containers that

  • (a) contain not less than 20 kg;

  • (b) are new;

  • (c) are closed after packaging; and

  • (d) have no markings that refer to non-certified potatoes or are likely to result in the seed potatoes being mistaken as such.

• (2) A seed potato tag shall be attached to each container referred to in subsection (1).

• (3) Seed potatoes other than Nuclear Stock seed potatoes may be packaged in containers that contain less than 20 kg if an inspector issues a permit to that effect.

• (4) A permit referred to in subsection (3) shall be issued by an inspector on the request of the packager and shall be valid for a period of one year.

• (5) Nuclear Stock seed potatoes may be packaged in containers that contain less than 20 kg if an inspector’s certificate certifying that the seed potatoes are Nuclear Stock seed potatoes or a seed potato tag has been provided in respect of the seed potatoes.

Repackaging

• 55 (1) Seed potatoes, other than Nuclear Stock seed potatoes, that were packaged in accordance with section 54 may be repackaged if the containers used for repackaging are new and, in the case of containers that contain less than 20 kg, if

  • (a) an inspector has issued a permit, on request of the packager, valid for a period of one year;

  • (b) subject to subsection (2), the container is labelled to show

    • (i) the name and address of the packager,

    • (ii) the size of the seed potatoes and, in the case of seed potatoes other than Breeder’s Selection seed potatoes, the class and variety of the seed potatoes, and

    • (iii) the crop certificate number; and

  • (c) in the case of seed potatoes other than Breeder’s Selection seed potatoes, the person repackaging the seed potatoes returns to the inspector who has issued the permit referred to in paragraph (a) the seed potato tags that were attached to the original containers or the record of bulk movement that accompanied the original shipment.

• (2) Seed potatoes that are imported from the United States for the purposes of repackaging shall be repackaged in new containers and labelled by the packager to show

  • (a) the name and address of the packager;

  • (b) the variety of the seed potatoes;

  • (c) the name of the state in which the seed potatoes were grown; and

  • (d) the crop certificate number.

Record of Bulk Movement

• 56 (1) Subject to subsection (9), an inspector shall provide a record of bulk movement to a grower in respect of seed potatoes, other than Breeder’s Selection seed potatoes, before they are shipped in bulk if

  • (a) a request from the grower has been received by the inspector in respect of a crop for which a crop certificate was issued; and

  • (b) a sample of the lot or growing crop for which the record of bulk movement is to be provided, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

• (2) A grower who receives a record of bulk movement shall grade the seed potatoes referred to in subsection (1) in accordance with section 48 and subsections 48.1(2) to (10).

• (3) A grower who receives a record of bulk movement shall clean and disinfect the equipment to be used in the handling and shipping in bulk of the seed potatoes before that handling and shipping.

• (4) No record of bulk movement that accompanies a bulk shipment of seed potatoes is valid unless it has written on it

  • (a) the weight, class, variety and size of the seed potatoes;

  • (b) the crop certificate number;

  • (c) the name of the consignee;

  • (d) any additional information that is necessary to meet the requirements of the laws of the country that will be importing the seed potatoes;

  • (e) the date on which the information set out in paragraphs (a) to (d) is printed on the record of bulk movement; and

  • (f) the following statements, in French and English:

    THE GROWER declares that the seed potatoes contained in this shipment are from the crop for which a crop certificate was issued bearing the crop certificate number shown on this record of bulk movement and that they are graded in accordance with section 48 and subsections 48.1(2) to (10) of the Seeds Regulations.

    THE GROWER declares that the vehicle carrying this shipment was disinfected, before loading, with a control product registered under the Pest Control Products Act for use against Clavibacter michiganensis subsp. sepedonicus.

    A request for reinspection of the seed potato lot may be made to the Canadian Food Inspection Agency within two working days after receipt of the lot.

    NOTE

    Inspection for the purpose of certification was made either visually or through laboratory testing of samples, or both. Certification does not constitute a warranty, by either the Canadian Food Inspection Agency or the grower, that the seed potatoes meet the applicable standards set out in sections 47.11 to 47.8 of the Seeds Regulations.

    LE PRODUCTEUR déclare que les pommes de terre de semence qui font l’objet de la présente expédition proviennent de la culture certifiée par le certificat de culture dont le numéro figure sur le présent dossier de transport en vrac et qu’elles ont été classées conformément à l’article 48 et aux paragraphes 48.1(2) à (10) du Règlement sur les semences.

    LE PRODUCTEUR déclare que le véhicule servant au transport de cette expédition a été désinfecté, avant le chargement, avec un produit antiparasitaire homologué conformément à la Loi sur les produits antiparasitaires pour la lutte contre la Clavibacter michiganensis subsp. sepedonicus.

    Une demande de réinspection du lot de pommes de terre de semence peut être faite à l’Agence canadienne d’inspection des aliments dans les deux jours ouvrables suivant la réception du lot.

    REMARQUE

    L’inspection en vue de la certification a été effectuée soit visuellement, soit au moyen d’essais de laboratoire sur des échantillons, soit par les deux moyens. La certification ne constitue pas une garantie, de la part de l’Agence canadienne d’inspection des aliments ou du producteur, que les pommes de terre de semence satisfont aux normes applicables énoncées aux articles 47.11 à 47.8 du Règlement sur les semences.

• (5) A record of bulk movement is not transferable.

• (6) Seed potatoes that are sold in bulk for the purposes of packaging and resale are not required to be graded in accordance with section 48 and subsections 48.1(2) to (10) where the grower has received a permit to that effect from an inspector before the sale.

• (7) The permit referred to in subsection (6) shall be issued by an inspector at the request of the grower after a sample of the lot or growing crop, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

• (8) At the time of packaging, seed potatoes referred to in subsection (6) shall be graded in accordance with section 48 and subsections 48.1(2) to (10).

• (9) An inspector shall not provide a record of bulk movement to a grower in respect of a lot of Pre-Elite, Elite I or Elite II class of seed potatoes if the grower was not granted a crop certificate in each of the previous three years due to the presence of Clavibacter michiganensis subsp. sepedonicus in a field, in storage or on equipment of that grower.

Tuber Damage

• 57 (1) Seed potatoes of any class that do not meet the standards set out in subsections 48.1(2) to (10) due to the existence of one defect of a mechanical or physiological nature may be sold in Canada where the President has issued a permit to the grower to that effect.

• (2) The President shall issue a permit referred to in subsection (1) where

  • (a) there is a shortage of seed potatoes of the particular variety and class in Canada that meet the applicable standards set out in sections 47.11 to 47.8;

  • (b) a sample of the lot or growing crop in respect of which the permit is to be issued, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the seed potatoes will be used by the purchaser solely for the purchaser’s own planting; and

  • (d) before the sale of the seed potatoes, the purchaser provides the President with a statement, signed by the grower and the consignee, that specifies the variety, class and certificate number of the seed potatoes and the nature of the defect.

• (3) A copy of the permit referred to in subsection (1) shall accompany each shipment.

• (4) In the case of a bulk-movement of seed potatoes referred to in subsection (1), the grower shall have the equipment that is to be used to transport the potatoes cleaned and disinfected before loading.

Potato Eyes and Cut-Seed Pieces

• 58 (1) Potato eyes and cut-seed pieces may be certified as seed potatoes where

  • (a) an inspector determines that the tubers, before cutting, meet the standards set out in section 48, subsections 48.1(2) to (10) and in subsection (2) of this section;

  • (b) they are cut from seed potatoes of a class established in section 47;

  • (c) the person who performed the cutting is authorized to do so by a permit issued annually by the President; and

  • (d) a sample of the lot or growing crop from which the potato eyes and cut-seed pieces originate, except for Pre-Elite, Elite I or Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

• (2) All potato eyes and cut-seed pieces shall

  • (a) have an average mass of at least 15 g at the time they are cut; and

  • (b) be firm and free of visible damage from bacteria, fungi or insects.

• (3) The President shall issue a permit referred to in paragraph (1)(c) where the person referred to in that paragraph submits a declaration stating that the person will maintain

  • (a) the lot identity; and

  • (b) sanitary conditions at the cutting facility.

• (4) Every container of potato eyes or cut-seed pieces shall be labelled by the packager to show

  • (a) the name and address of the packager; and

  • (b) the class, variety and crop certificate number of the lot from which they were cut.

• (5) Cut-seed pieces may be transported in bulk if they are accompanied by a record of bulk movement.

• (6) At least 95 per cent of the potato eyes or cut-seed pieces in any shipment shall have a depth of at least 20 mm.

Importation for Certification

• 59 (1) Seed potatoes of a variety that has been registered under Part III may be imported for certification if prior authorization to do so has been obtained from the President.

• (2) The President shall give an authorization referred to in subsection (1) where

  • (a) the seed potatoes have been certified in the country from which they are imported and packaged in accordance with the requirements of the recognized certification authority of that country;

  • (b) the certification and packaging requirements of the agency referred to in paragraph (a) are substantively equivalent to those contained in these Regulations; and

  • (c) a sample of the lot has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus and PSTV.

• (3) Seed potatoes that have not been registered under Part III may be imported if prior authorization to do so has been obtained from the President.

• (4) The President shall give an authorization referred to in subsection (3) where

  • (a) the seed potatoes are to be planted by the importer for experimental purposes or for production for export; and

  • (b) the requirements of paragraphs (2)(a) to (c) have been met.

Detention

• 60 (1) Where seed potatoes that are seized pursuant to the Act are detained, an inspector shall

  • (a) attach a detention tag to at least one of the containers of the seed potatoes or, where the seed potatoes are in bulk, place a detention tag where the potatoes are located; and

  • (b) deliver or mail to the person having the care or control of the seed potatoes a notice of the detention that describes the seed potatoes and the place where they are being detained.

• (2) The detention tag referred to in subsection (1) shall be in a form established by the President and shall set out

  • (a) a description of the seed potatoes seized and detained;

  • (b) the reason for the seizure and detention;

  • (c) the date of the seizure and detention;

  • (d) the name and signature of the inspector;

  • (e) the telephone number to call for further information in respect of the seizure and detention; and

  • (f) such other information as is necessary to identify the seed potatoes.

• (3) Except where an inspector provides written authorization for a change in location of detained seed potatoes, no person shall remove seed potatoes from the place where they are being detained.

• (4) No person shall alter or remove a detention tag that is attached to a container or bulk shipment of seed potatoes.

• (5) Where an inspector determines that any seized and detained seed potatoes meet the requirements of the Act and these Regulations, the inspector shall release the seed potatoes and shall deliver or mail a copy of the release document to the person referred to in paragraph (1)(b).

Reinspection

• 60.1 (1) An inspector may reinspect seed potatoes at any time, and shall place under detention any seed potatoes that were not graded in accordance with section 48 or that do not meet the standards set out in subsections 48.1(2) to (10).

• (2) A request for reinspection of a lot may be made within two working days after receipt of the lot, and the reinspection shall be carried out by an inspector as soon as possible but no later than five days after receipt of the request.

• (3) Seed potatoes placed under detention pursuant to subsection (1) may be re-graded in accordance with section 48 and subsections 48.1(2) to (10).

• (4) If seed potatoes are not graded in accordance with section 48 and do not meet the standards set out in subsections 48.1(2) to (10), the seed potato tags or record of bulk movement that is provided with respect to those potatoes shall be returned to the inspector.

Shipment of Breeder’s Selection Seed Potatoes or Non-Registered Varieties

• 61 (1) Breeder’s Selection seed potatoes, and seed potatoes of a non-registered variety, for which a crop certificate has been issued may be shipped between farm units within Canada only if a certificate of authorization is issued by the President and a copy of the certificate accompanies the shipment.

• (2) The President shall issue a certificate referred to in subsection (1) where

  • (a) the lot is to be grown for experimental purposes or for multiplication for the purposes of registration;

  • (b) a sample of the lot or growing crop, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the seed potatoes have been graded in accordance with section 48 and subsections 48.1(2) to (10);

  • (d) if shipped in containers, the seed potatoes meet the requirements of section 54; and

  • (e) if shipped in bulk, the seed potatoes meet the requirements of section 56.

Breeder’s Selection

• 61.1 (1) Certification of Breeder’s Selection seed potatoes on a farm unit shall comply with all of the following conditions:

  • (a) the parental material has been tested and not found positive for potato spindle tuber viroid;

  • (b) a sample of the lot or growing crop has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the application for inspection has been completed in accordance with section 49;

  • (d) all fees have been paid in accordance with section 62;

  • (e) the Breeder’s Selection seed potatoes are not grown within 10 m of any class of seed potatoes;

  • (f) the Breeder’s Selection seed potatoes are inspected at least twice during the growing season; and

  • (g) the Breeder’s Selection seed potatoes have met the standards set out in subsection 47.7(3) for Foundation seed potatoes.

• (2) The movement of Breeder’s Selection seed potatoes shall be in containers of 20 kg or less and are otherwise subject to the requirements set out in subsection 54(1).

Fees

• 62 (1) The fee that a grower shall pay for an inspection under this Part is the applicable fee provided for in the Canadian Food Inspection Agency Fees Notice.

• (2) The fee shall be submitted with the form referred to in subsection 49(1).

• (3) No portion of a fee referred to in subsection (1) is refundable after an inspector has begun an inspection of a crop in respect of which the fee was paid.

• (4) A crop certificate will not be issued for any fields under cultivation by that grower until all applicable fees have been paid.

62.1 No fees set out in the Canadian Food Inspection Agency Fees Notice are payable by a grower in the Province of Newfoundland with respect to crops grown in Newfoundland.

PART IIIVariety Registration

Interpretation

63 In this Part,

applicant

applicant means any person who

• (a) resides permanently in Canada,

• (b) applies to the Registrar for the registration of a variety, and

• (c) to whom any notice or correspondence under the Act and these Regulations may be sent; (demandeur)

Certificate of Registration

Certificate of Registration means a certificate issued by the Registrar certifying that the variety named therein is registered under these Regulations; (certificat d’enregistrement)

list of experts

list of experts means a list established pursuant to section 71; (liste d’experts)

merit

merit means, with respect to a variety, that the variety is equal or superior to appropriate reference varieties with regard to any single characteristic or combination of characteristics that renders the variety beneficial for a particular use in a specific area of Canada; (valeur)

recommending committee

recommending committee means a committee that is approved by the Minister under section 65.1; (comité de recommandation)

region

region means a province, a group of provinces, the Canadian Wheat Board Area or that part of Canada outside the Canadian Wheat Board Area; (région)

registrant

registrant means the person to whom a Certificate of Registration is issued; (titulaire)

Registrar

Registrar means the person designated by the President to register varieties; (registraire)

representative reference sample

representative reference sample means a sample of seed that is submitted in support of registration of a variety and guaranteed by the owner or breeder of the variety as truly representing the variety. (échantillon de référence représentatif)

Application

64 This Part applies in respect of seed and seed potatoes.

Exemptions

65 Every variety, other than a variety of a species, kind or type listed in Schedule III, is exempted from the prohibition set out in paragraph 3(1)(b) of the Act.

Recommending Committees

• 65.1 (1) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part I of Schedule III, to determine the merit of the varieties and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the members of the committee have the knowledge and expertise required to determine the merit of the varieties of that species, kind or type of crop;

  • (c) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (d) the procedures established by the committee for determining the merit of varieties of that species, kind or type of crop are appropriate for that purpose and are based on scientific principles;

  • (e) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (f) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (2) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part II of Schedule III and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (c) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (d) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (3) In carrying out its functions, a recommending committee must apply the testing protocols it has established, act in accordance with its operating procedures and, in the case of a committee approved under subsection (1), apply the procedures it has established to determine the merit of varieties.

• (4) For the purposes of subsections 67(1) and 67.1(1), the recommendation of a recommending committee must be based on the following:

  • (a) in the case of a species, kind or type of crop that is listed in Part I of Schedule III, the results of testing the variety in accordance with the relevant testing protocols and a determination of whether the variety has merit; and

  • (b) in the case of a species, kind or type of crop that is listed in Part II of Schedule III, the results of testing the variety in accordance with the relevant testing protocols.

Condition of Registration

66 No variety may be registered unless an application for the registration of the variety is made to the Registrar under this Part.

Applications for Registration

• 67 (1) An application for the registration of a variety shall be signed by the applicant and shall

  • (a) contain the following information, namely,

    • (i) the proposed variety name,

    • (ii) the scientific and common names of the kind or species to which the variety belongs,

    • (iii) a description of the pedigree, origin, history and methods of development of the variety,

    • (iv) a detailed description of the variety including, where applicable, morphological, agronomic, pathological, physiological and biochemical characteristics,

    • (v) a recommendation that is not more than two years old from a recommending committee stating whether the variety should be registered,

    • (vi) the results of the testing on which the recommendation is based,

    • (vii) a statement as to whether the variety is sold in other countries and, if so, the name or names under which it is sold,

    • (viii) particulars of the arrangements for the maintenance of seed stocks, and

    • (ix) the name and address of the Canadian representative of the variety; and

  • (b) be accompanied by

    • (i) where the applicant is a person other than the breeder or owner of the variety, a signed statement from the breeder or owner of the variety indicating that the applicant has been authorized by the breeder or owner of the variety to apply for the registration of the variety in Canada,

    • (ii) for every variety except varieties of potatoes, a representative reference sample of seed of that variety, and

    • (iii) for potatoes, a set of photographic slides or digital images that detail plant morphology.

• (1.1) Subparagraphs (1)(a)(v) and (vi) do not apply in respect of a species, kind or type of crop that is listed in Part III of Schedule III.

• (2) The Registrar may, in addition to the information referred to in subsection (1), require that the applicant provide such further information as may be necessary to determine the merit and identity of the variety.

• (3) The applicant or the registrant, as the case may be, shall provide the Registrar with any information pertaining to the genetic purity or the utility of a variety which differs in any way from the information supplied in support of the application for registration, forthwith upon receiving the information.

Eligibility Requirements for Variety Registration

• 67.1 (1) A variety of a species, kind or type of crop that is listed in Part I of Schedule III is eligible for registration if

  • (a) the variety has merit;

  • (b) the variety has been tested in accordance with the testing protocols of a recommending committee;

  • (c) the recommending committee has made a recommendation respecting registration of the variety;

  • (d) the variety or its progeny is not detrimental to human or animal health and safety or the environment when grown and used as intended;

  • (e) the representative reference sample of the variety does not contain off-types or impurities in excess of the Association’s standards for varietal purity;

  • (f) the variety meets the standards for varietal purity established by the Association or these Regulations for a variety of that species, kind or type;

  • (g) the variety is distinguishable from all other varieties that were or currently are registered in Canada;

  • (h) the variety name is not a registered trademark in respect of the variety;

  • (i) the variety name is not likely to mislead a purchaser with respect to the composition, genetic origin or utility of the variety;

  • (j) the variety name is not likely to be confused with the name of a variety that was or currently is registered;

  • (k) the variety name is not likely to offend the public;

  • (l) no false statement or falsified document and no misleading or incorrect information have been submitted in support of the application for registration; and

  • (m) the information provided to the Registrar is sufficient to enable the variety to be evaluated.

• (2) A variety of a species, kind or type of crop that is listed in Part II of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(b) to (m) are met.

• (3) A variety of a species, kind or type of crop that is listed in Part III of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(d) to (m) are met.

Registration

• 68 (1) Subject to subsections (2) and (3), if the requirements set out in sections 67 and 67.1 are met, the Registrar shall

  • (a) register the variety by entering in the Register of Varieties

    • (i) the variety name of the seed,

    • (ii) the kind or species of seed,

    • (iii) the registration number,

    • (iv) the registration date, and

    • (v) where appropriate, the information referred to in section 69; and

  • (b) issue a Certificate of Registration to the applicant.

• (2) The Registrar shall make the registration of a variety subject to the following terms and conditions, where applicable:

  • (a) in the case of a variety of a species, kind or type of crop that is listed in Part I or II of Schedule III, if a minimum of one year of testing demonstrates that the variety may be eligible for registration but that further testing is required before a final decision can be rendered, the registration shall be limited to an initial period of not more than three years that shall be extended on written request by the applicant if eligibility for registration continues to be demonstrated, but under no circumstances shall the total duration of the registration exceed five years;

  • (b) where the disease susceptibility or inferior quality characteristics of the variety may have an adverse effect in a particular region on the identity of other varieties registered for that region or where in a particular region the variety or progeny thereof may be detrimental to human or animal health and safety or the environment, the registration of the variety shall be restricted to that part of Canada outside that region; and

  • (c) where the biochemical or biophysical characteristics of a variety distinguish it from the majority of registered varieties of the same kind or species and it may have an adverse effect on the identity of those registered varieties, the registrant shall

    • (i) establish and maintain a quality control system for the management of potentially adverse effects of the variety, including management responsibility, contract review, product identification and traceability, inspection, testing, control of nonconforming product, corrective and preventive actions, records and training of personnel,

    • (ii) describe the quality control system in a document and submit the document and any subsequent amendments to that document to the Registrar for review and approval,

    • (iii) implement the quality control system, and

    • (iv) agree in writing, for the purpose of verifying compliance with subparagraph (iii), to provide the Registrar with information relating to the distribution, use and disposition of any seed of the variety or any progeny thereof.

• (3) Where the Registrar makes the registration of a variety subject to any of the terms and conditions referred to in paragraph (2)(c), the Registrar, where applicable, shall make the registration subject to the following additional terms and conditions:

  • (a) each vendor, purchaser and importer of a variety in respect of which paragraph (2)(c) applies shall consent to grow only a crop from that seed using sufficient isolation distances as specified for the production of seed of certified status for that kind or species in the Regulations and Procedures for Pedigreed Seed Crop Production published by the Association, as amended from time to time; and

  • (b) where the variety is visually indistinguishable from registered varieties for which the Canadian Grain Commission has established by regulation official grades and grade names with designated specifications, but the variety does not meet those specifications, the production, harvest and delivery of the crop shall be documented to ensure that all of the seed and its progeny can be accounted for.

• (4) The Registrar shall publish a list of all varieties registered under this Part once a year.

• 69 (1) Where a registration is made subject to any of the terms and conditions set out in subsections 68(2) and (3), the Registrar shall enter those terms and conditions in the Register of Varieties and shall mark on the face of the Certificate of Registration the word “RESTRICTED” or “LIMITÉ".

• (2) In addition to the requirements of subsection (1), the Registrar may mark any of the terms and conditions set out in subsections 68(2) and (3) on the face of the Certificate of Registration.

70 Where the situation that required the imposition of any of the terms or conditions set out in subsections 68(2) and (3) no longer exists, the Registrar shall enter the cancellation of the term or condition in the Register of Varieties and shall issue a new Certificate of Registration.

List of Experts

• 71 (1) The Registrar must annually establish a list of experts consisting of not less than six and not more than twenty persons whose professional qualifications, experience or achievements in the field of seed or variety development and evaluation render them experts for the purposes of advising the Registrar on matters involving the refusal or cancellation of any registration under this Part.

• (2) The Registrar shall not enter the name of any person on the list of experts unless that person consents to advise the Registrar, on request, on matters involving the refusal or cancellation of any registration under this Part without charging any fees or claiming any disbursements.

72 [Repealed, SOR/2009-186, s. 6]

Review

• 73 (1) Where the Registrar refuses to register a variety or registers the variety subject to any terms and conditions referred to in subsection 68(2) or (3), the Registrar shall send a notice, by registered mail, to the applicant giving the reasons therefor and advising that the applicant may request that the Registrar review the decision.

• (2) The notice referred to in subsection (1) is deemed to be received by the applicant on the seventh day after the day on which the notice was mailed.

• (3) An applicant who receives a notice referred to in subsection (1) may, within thirty days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (4) The request referred to in subsection (3) shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by such documentation or information as the applicant deems appropriate.

• (5) Where the Registrar receives a request referred to in subsection (3), the Registrar shall review the decision.

• (6) The review referred to in subsection (5) shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary to assist the Registrar in the review.

• (7) Where, during the course of a review, the Registrar chooses to be advised by an expert, or the applicant who has requested the review requests that the Registrar be so advised, the Registrar shall select from the list of experts a person who is available and who has no interest in the outcome of the review.

• (8) Where no person from the list of experts is selected because of non-availability or an interest in the outcome of the review, the Registrar may select any person who qualifies to be entered on the list of experts.

• (9) On completion of the review, the Registrar shall immediately notify, by registered mail, the applicant who requested the review of the decision made by the Registrar, including the reasons therefor.

Cancellation of Registration

74 The Registrar must cancel the registration of a variety if

• (a) the variety has demonstrated susceptibility to disease or such inferior quality as to have an adverse effect on Canadian agriculture and the food system;

• (b) the variety has demonstrated significant levels of contamination such that the genetic purity of the variety has been jeopardized;

• (c) the variety has been altered in such a manner that it differs from the representative reference sample;

• (d) the variety or its progeny may be detrimental to human or animal health and safety or the environment;

• (e) false or misleading information was submitted in support of the application for registration;

• (f) the variety name became a registered trademark in respect of that variety after registration;

• (g) the variety has been altered in such a manner as to convert it to a variety that is registered under a different name;

• (h) the variety has been found to be indistinguishable from another variety that was or currently is registered in Canada;

• (i) the variety is no longer subject to the variety registration requirements; or

• (j) the registrant has requested the cancellation of the registration of the variety.

• 75 (1) The Registrar must not cancel the registration of a variety unless the Registrar sends a notice, by registered mail, to the registrant giving the reasons for the cancellation and advising that the registrant may make representations concerning the cancellation to the Registrar in accordance with this section.

• (1.1) Subsection (1) does not apply if the registrant has requested the cancellation of the variety.

• (2) The notice referred to in subsection (1) is deemed to be received by the registrant on the seventh day after the day on which the notice is mailed.

• (3) A registrant who receives a notice referred to in subsection (1) may, within 30 days after the day on which the notice is received, make written representations to the Registrar concerning the cancellation.

• (4) The procedure set out in subsections 73(3) to (9) applies in respect of the review of the representations made under subsection (3), with such modifications as the circumstances require.

• (5) If, on conclusion of the review of the representations made under subsection (3), the Registrar determines that the registration must be cancelled, the cancellation is effective on the seventh day after the day on which the notice of that determination is mailed to the registrant.

• 76 (1) The Registrar must reinstate the registration of a variety if the former registrant makes a written request to reinstate the registration and the Registrar determines that the reasons for cancelling the registration are no longer valid.

• (2) A former registrant who makes a request to reinstate a registration is not required to submit the information referred to in section 67.

Change of a Variety Name

77 The registrant shall apply to the Registrar where the registrant wishes to change a variety name of a variety registered under this Part.

PART IVRegistration of Establishments that Prepare Seed and the Licensing of Operators

Interpretation

78 In this Part,

approved conditioner

approved conditioner means an establishment that prepares seed of pedigreed status and in respect of which a registration as an approved conditioner is in force; (conditionneur agréé)

authorized importer

authorized importer means an establishment that prepares imported seed and in respect of which a registration as an authorized importer is in force; (importateur autorisé)

bulk

bulk, with respect to seed, means not packaged in a fastened container; (en vrac)

bulk storage facility

bulk storage facility means an establishment that stores in bulk seed graded with a Canada pedigreed grade name and in respect of which a registration as a bulk storage facility is in force; (installation d’entreposage en vrac)

registrant

registrant means a person who applies for and is granted registration in respect of an establishment; (détenteur d’agrément)

Registrar

Registrar means the person designated by the President to register establishments and licence operators. (registraire)

Application

79 This Part does not apply in respect of seed potatoes.

Registration of an Establishment

• 80 (1) An application for the registration of an establishment as an approved conditioner, an authorized importer or a bulk storage facility shall be made in writing

  • (a) to a conformity verification body; or

  • (b) to the Registrar, if there is no conformity verification body.

• (2) When making an application under paragraph (1)(b), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

81 If an application is made under section 80 for the registration of an establishment as an approved conditioner, the establishment has the documents referred to in subsection 86(1) and the equipment referred to in subsection 86(2) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as an approved conditioner by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

81.1 If an application is made under section 80 for the registration of an establishment as an authorized importer, the establishment has the documents referred to in subsection 86(1) and the facilities referred to in subsection 86(3) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as an authorized importer by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

82 If an application is made under section 80 for the registration of an establishment as a bulk storage facility, the establishment has the documents referred to in subsection 86(1) and the facilities referred to in subsection 86(3) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as a bulk storage facility by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

83 [Repealed, SOR/2001-93, s. 9]

84 Unless the registration of an establishment is suspended or cancelled under section 87 or 88, and subject to section 92, the Registrar shall renew the registration of every establishment annually, on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment by the establishment, before January 1 of the year in respect of which the registration is to be renewed, of the applicable renewal fee set out in the Canadian Food Inspection Agency Fees Notice.

• 84.1 (1) If a conformity verification body refuses to make a recommendation to the Registrar that an establishment be registered as an approved conditioner under section 81, as an authorized importer under section 81.1 or as a bulk storage facility under section 82, or that the establishment’s registration be renewed under section 84, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

• (2) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (3) The request shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (4) On receipt of the request, the Registrar shall review the decision.

• (5) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.

• (6) If the Registrar finds that the conformity verification body should have recommended that the establishment be registered as an approved conditioner, an authorized importer or a bulk storage facility, or that the establishment’s registration be renewed, the Registrar shall register the establishment or renew its registration, as the case may be, as if the recommendation had been made.

• (7) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.

85 The operator of a registered establishment shall post in a conspicuous place in the registered establishment the Certificate of Registration issued under section 81, 81.1, 82 or 83 for the period during which the certificate remains in force.

Conditions Respecting Registered Establishments

• 86 (1) Every operator of a registered establishment shall keep at the establishment

  • (a) up-to-date copies of the Seeds Act, these Regulations and all other written material that the Agency delivers to the establishment from time to time; and

  • (b) a list that identifies

    • (i) the measures and documentation required to ensure that the establishment is in compliance with the requirements of these Regulations,

    • (ii) the persons who, where applicable, handle, store, sample, test, process, grade, label and document all seed in the establishment, and

    • (iii) the operators of the establishment.

• (2) Every approved conditioner shall have

  • (a) processing equipment of such construction and design that it may be properly cleaned between the processing of successive seed lots so as to eliminate residues and prevent contamination; and

  • (b) equipment for drawing representative samples of seed.

• (3) Every bulk storage facility and every authorized importer shall have adequate storage facilities to enable the identification and maintain the identity of different seed lots and to prevent cross-contamination.

Suspension and Cancellation of Registration

• 87 (1) Subject to subsection (2) and section 89, the Registrar shall suspend the registration of an establishment where

  • (a) false or misleading information was submitted in support of the application for registration;

  • (b) the establishment does not comply with a provision of the Act, the Seeds Act or these Regulations; or

  • (c) the applicable fee set out in the Canadian Food Inspection Agency Fees Notice for a service provided to that establishment has not been paid.

• (2) The Registrar shall not suspend the registration of an establishment where, before the registrant is heard pursuant to paragraph 89(b), the registrant takes corrective measures and an inspector verifies that those measures have been taken.

88 Subject to sections 89 and 90, the Registrar shall cancel the registration of an establishment where

• (a) the registrant does not pay the applicable annual renewal fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the registration is to be renewed;

• (b) the registrant maintains any false or misleading records or samples in respect of any seed in the establishment;

• (c) the registrant falsely represents any seed to be of pedigreed status;

• (d) the registrant provides false or misleading information to an inspector;

• (e) the registration of an establishment has been suspended three times within a 24 month period; or

• (f) the suspension of a registration has been in effect for one year and the registrant has not yet implemented corrective measures.

88.1 The Registrar shall cancel the registration of an establishment at the request of the registrant.

89 The Registrar shall not suspend or cancel the registration of an establishment unless

• (a) an inspector has provided the registrant with a written report setting out the reasons for the suspension or cancellation;

• (b) the Registrar has given the registrant an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

• (c) the Registrar has sent a notice of suspension or cancellation of registration to the registrant.

90 The Registrar shall not cancel the registration of an establishment for a reason set out in any of paragraphs 88(a) to (d) where

• (a) the registrant establishes that the basis for the cancellation was the result of an error and the registrant took precautions and exercised due diligence to prevent the occurrence of the error;

• (b) the registrant undertakes to bring the error to the attention of the persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

• (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time period indicated by the Registrar.

91 A suspension of a registration shall remain in effect until

• (a) an inspector verifies that the registrant has taken corrective measures; and

• (b) the Registrar notifies the registrant in writing that the suspension is lifted.

92 The Registrar shall not, before the expiration of a period of 24 months following a cancellation of a registration, accept an application for the registration of an establishment from a registrant whose registration was cancelled for a reason set out in any of paragraphs 88(b) to (e).

Operation of Registered Establishments

• 93 (1) Every registered establishment shall have an individual identified as the operator of the establishment who

  • (a) is licensed as an operator pursuant to these Regulations;

  • (b) supervises all operations in the establishment; and

  • (c) is ultimately responsible, where applicable, for the proper handling, storage, sampling, testing, processing, grading, labelling and documentation of all seed in the establishment.

• (2) Every operator shall inform the Agency, not less than 48 hours before shipment, of the first 10 seed lots that are handled by the establishment under the supervision of that operator.

• (3) Every operator shall maintain records and samples, including certificates of analysis, crop certificates where applicable and representative samples, to ascertain the status and grade of every seed lot that has been handled by the establishment for a period of one year after the final disposition of the seed lot, and, in the case of Foundation and Registered status seed, for a period of two years after the disposition of the seed lot.

• (4) When seed of pedigreed status is conditioned or graded, the operator shall

  • (a) complete, within 30 days after the conditioning or grading, a pedigreed seed declaration that contains sufficient information to permit the tracing of all claims made with respect to the seed, including the name of the grower, crop certificate number, quantity of seed and official tag use; and

  • (b) keep the declaration for a period of one year after the final disposition of the seed and, in the case of foundation status and registered status seed, for a period of two years after the final disposition of the seed.

Operators

94 No individual shall operate a registered establishment without being licensed by the Registrar for that purpose.

Licences

• 95 (1) Subject to section 97, an individual who wishes to be licensed as an operator of a registered establishment shall

  • (a) apply for a licence in writing to

    • (i) a conformity verification body, or

    • (ii) the Registrar, if there is no conformity verification body; and

  • (b) submit to an evaluation that is set by the Registrar that measures knowledge of the principles and practices for the handling, storage, labelling and documentation of seed.

• (2) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an approved conditioner shall submit to an evaluation that is set by the Registrar that measures the individual’s knowledge of the principles and practices for the preparing, sampling, testing and grading of seed of pedigreed status.

• (3) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an authorized importer shall submit to an evaluation that is set by the Registrar that measures the individual’s knowledge of the requirements for importing seed.

96 The Registrar shall, on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, issue a licence to the individual as an operator of an approved conditioner, a bulk storage facility or an authorized importer, as the case may be, if the individual has obtained a mark of

• (a) at least 80 per cent on the evaluations referred to in paragraphs 95(1)(b) and (2)(a), and

• (b) at least 90 per cent on the evaluation referred to in paragraph 95(2)(b).

97 [Repealed, SOR/2001-93, s. 13]

98 Unless a licence is suspended or cancelled under section 99 or 100, and subject to section 104, the Registrar shall renew the licence of an operator annually, on the recommendation of a conformity verification body or, if there is no conformity verification body, on the payment by the operator, before January 1 of the year in respect of which the licence is to be renewed, of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• 98.1 (1) If a conformity verification body refuses to make a recommendation to the Registrar that an individual be licensed under section 96 or that an individual’s licence be renewed under section 98, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

• (2) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (3) The request shall include the reasons why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (4) On receipt of the request, the Registrar shall review the decision.

• (5) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.

• (6) If the Registrar finds that the conformity verification body should have recommended that the individual be licensed, or that the individual’s licence be renewed, the Registrar shall license the individual or renew the individual’s licence, as the case may be, as if the recommendation had been made.

• (7) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.

Suspension and Cancellation of Licences

• 99 (1) Subject to subsection (2) and section 101, the Registrar shall suspend the licence of an operator where

  • (a) false or misleading information has been submitted in support of the application for a licence;

  • (b) the operator does not comply with a provision of the Act, the Seeds Act or these Regulations; or

  • (c) the applicable fee set out in the Canadian Food Inspection Agency Fees Notice for a service provided to that operator has not been paid.

• (2) The Registrar shall not suspend the licence of an operator where, before the operator is heard pursuant to paragraph 101(b), the operator takes corrective measures and an inspector verifies that those measures have been taken.

100 Subject to sections 101 and 102, the Registrar shall cancel the licence of an operator where

• (a) the operator does not pay the applicable annual renewal fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the licence is to be renewed;

• (b) the operator maintains any false or misleading records or samples in respect of any seed in the establishment;

• (c) the operator falsely represents any seed to be of pedigreed status;

• (d) the operator provides false or misleading information to an inspector;

• (e) the licence of the operator has been suspended three times within a 24 month period; or

• (f) the suspension of a licence has been in effect for one year and the operator has not yet implemented corrective measures.

101 The Registrar shall not suspend or cancel the licence of an operator unless

• (a) an inspector has provided the operator with a written report setting out the reasons for the suspension or cancellation;

• (b) the Registrar has given the operator an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

• (c) the Registrar has sent a notice of suspension or cancellation of licence to the operator.

102 The Registrar shall not cancel the licence of an operator for a reason set out in any of paragraphs 100(a) to (d) where

• (a) the operator establishes that the basis for the cancellation was the result of an error and the operator took precautions and exercised due diligence to prevent the occurrence of the error;

• (b) the operator undertakes to bring the error to the attention of the persons likely to be affected by it by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

• (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time period indicated by the Registrar.

103 A suspension of a licence shall remain in effect until

• (a) an inspector verifies that the operator has taken corrective measures; and

• (b) the Registrar notifies the operator in writing that the suspension is lifted.

• 104 (1) The Registrar shall not renew the licence of an operator whose licence has been suspended three times, unless, after the third suspension, the operator has successfully completed the applicable evaluations referred to in section 95.

• (2) [Repealed, SOR/2001-93, s. 15]

105 If an individual’s operator’s licence has been cancelled for a reason set out in any of paragraphs 100(b) to (e), the Registrar shall not issue an operator’s licence to the individual again unless 24 months have gone by since the cancellation and the individual satisfies the conditions referred to in sections 95 and 96.

106 [Repealed, SOR/97-534, s. 4]

PART VRelease of Seed

Interpretation

• 107 (1) In this Part,

  confined release

  confined release means release under conditions intended to minimize the establishment and spread, in the environment, of seed or of genetic material from plants derived from the seed, and the interaction of the seed or genetic material with the environment; (dissémination en milieu confiné)

  environment

  environment means the components of the Earth and includes

  • (a) air, land and water,

  • (b) all layers of the atmosphere,

  • (c) all organic and inorganic matter and living organisms, and

  • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

  novel trait

  novel trait, in respect of seed, means a characteristic of the seed that

  • (a) has been intentionally selected, created or introduced into a distinct, stable population of cultivated seed of the same species through a specific genetic change, and

  • (b) based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to any characteristic of a distinct, stable population of cultivated seed of the same species in Canada, having regard to weediness potential, gene flow, plant pest potential, impact on non-target organisms and impact on biodiversity; (caractère nouveau)

  release

  release means any discharge or emission of seed into the environment or exposure of seed to the environment and includes the growing and field testing of plants; (dissémination)

  unconfined release

  unconfined release means release on an unrestricted basis. (dissémination en milieu ouvert)

• (2) For the purposes of this Part, seed is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that

  • (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;

  • (b) constitute or may constitute a danger to the environment on which life depends; or

  • (c) constitute or may constitute a danger in Canada to human life or health.

Exemptions

108 The following seed is exempt from the operation of this Part:

• (a) seed grown in Canada outside of containment before the coming into force of this Part in such a manner that the seed constitutes a distinct, stable population in the Canadian environment;

• (b) seed grown in containment in such a manner that there is no release into the environment of any genetic material from the plants derived from the seed; and

• (c) seed that is derived from seed referred to in paragraph (a), or from seed in respect of which an unconfined release has been authorized under paragraph 111(1)(b), and that is substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to seed of the same species, having regard to weediness potential, gene flow, plant pest potential, impact on non-target organisms and impact on biodiversity.

Notification and Authorization

• 109 (1) Subject to subsections (2) to (4), no person shall undertake either the confined release or unconfined release of seed unless

  • (a) notification of the proposed release has been provided in writing to the Minister, accompanied by the information set out in section 110; and

  • (b) the Minister has authorized the release under section 111.

• (2) Subsection (1) does not apply in respect of seed of a variety that is registered under Part III.

• (3) Subsection (1) does not apply in respect of an unconfined release that was authorized by the Minister before the coming into force of this Part.

• (4) Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of a proposed confined release is the same as information that has already been provided to the Minister before the coming into force of this Part, or that is provided on or after the coming into force of this Part in relation to another notification or authorization, the information is not required to be provided again.

Information Requirements

• 110 (1) Subject to subsection (4), the accompanying information that is required to be provided to the Minister by a person pursuant to paragraph 109(1)(a) is the following:

  • (a) the name of the person or body responsible for the proposed release and the name of the person who will be in charge of carrying out the release;

  • (b) the purpose and objectives of the proposed release;

  • (c) the plants derived from the unmodified host seed;

  • (d) in the case of seed with a novel trait,

    • (i) the novel trait expressed by the plants derived from the modified seed and, where the novel trait was introduced from another species, details of the donor organism and of the methods of incorporation of the novel trait into the host seed, where applicable, and

    • (ii) the plants derived from the modified seed resulting from the introduction of the novel trait, including details relating to expression of the novel trait and the stability of the incorporation of the novel trait into the plants derived from the modified seed, and a comparison of the characteristics of the plants derived from the modified seed with those derived from the unmodified host seed;

  • (e) all other information and test data in respect of the plants referred to in paragraph (d) that are relevant to identifying the risk to the environment, including the risk to human health, and that are in the person’s possession or to which the person ought reasonably to have access;

  • (f) other government agencies, either Canadian or foreign, that have been provided with information in respect of the plants referred to in subparagraph (d)(ii), and the purpose for which the information was provided; and

  • (g) a description of the analytical methodologies followed in generating any submitted data, including quality control and quality assurance procedures.

• (2) In addition to the information referred to in subsection (1) and subject to subsection (4), the following accompanying information shall be provided to the Minister with any notification in respect of a proposed confined release:

  • (a) the proposed starting date, completion date and site of the confined release; and

  • (b) the proposed confined release protocol, including

    • (i) any confinement measures intended to mitigate the establishment and spread, in the environment, of the seed or of genetic material from plants derived from the seed, and the interaction of the seed or genetic material with the environment,

    • (ii) the monitoring plan and procedures to be followed both during and after the confined release,

    • (iii) the method to be used for the safe disposal of the seed and all progeny and plant material, and

    • (iv) the contingency plan to minimize any adverse effect of an accidental movement, outside of the confined release site, of the seed or genetic material from plants derived from the seed.

• (3) In addition to the information referred to in subsection (1) and subject to subsection (4), data describing potential interactions of the seed, or plants derived from the seed, with other life forms and an evaluation of the potential risk of harm posed to the environment, including the risk of harm posed to human health, as a result of those interactions shall be provided to the Minister with any notification in respect of a proposed unconfined release.

• (4) The information required by subparagraph (1)(d)(ii), paragraph (1)(e) or (g) or subsection (2) or (3) or any part of that information may be omitted if the Minister determines, on the basis of a written scientific rationale provided by the person referred to in subsection (1), that the information or part is not relevant or cannot practicably be obtained and is not required for the Minister’s decision under section 111, and notifies the person of that determination.

Decision of the Minister

• 111 (1) Subject to subsection (3), on receiving the notification provided under paragraph 109(1)(a), the Minister shall, after considering all relevant matters, including the information provided under that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the proposed release

  • (a) authorize a confined release, where the proposed release could pose a risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk;

  • (b) authorize an unconfined release, where the proposed release poses minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or

  • (c) refuse to authorize the release, where the proposed release poses an unacceptable risk to the environment.

• (2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall

  • (a) consider such matters as

    • (i) the effects of the release on the environment, and

    • (ii) the magnitude of the exposure to the environment of the seed involved in the proposed release; and

  • (b) assess whether the seed is toxic.

• (3) The Minister may decide not to grant an authorization to a person under subsection (1) if the Minister has reasonable grounds for believing that the person may not comply with the conditions that would be imposed under that subsection in respect of the release or the requirements of section 111.1 in respect of the release.

Requirements Applying to Confined Release

• 111.1 (1) In this section, feed and livestock have the meanings assigned by section 2 of the Feeds Act.

• (2) Every person who is granted an authorization under paragraph 111(1)(a) for the confined release of seed with a novel trait, or who is in charge of carrying out the confined release,

  • (a) shall prevent the seed and any plants derived from the seed from entering into any feed for livestock, or entering into any food for humans;

  • (b) shall provide the Agency on request with copies of, or allow the Agency to examine,

    • (i) any contracts that the person enters into or has entered into with any persons in relation to the confined release, and

    • (ii) the person’s records with respect to the confined release, including records of any trials of the seed;

  • (c) shall be responsible for all costs of the actions required to remedy any situation caused by an accidental release of the seed; and

  • (d) shall be responsible for all costs of collection, storage and disposal of the seed and plants derived from the seed if the Minister requires the person to stop the confined release.

New Information Requirements

• 112 (1) Where, at any time after providing notification pursuant to paragraph 109(1)(a) or receiving authorization pursuant to subsection 111(1), a person becomes aware of any new information regarding risk to the environment, including risk to human health, that could result from the release, the person shall immediately provide the new information to the Minister.

• (1.1) For greater certainty, the new information referred to in subsection (1) includes new information with respect to the matters described in subsection 110(1) if that new information is in regard to risk to the environment, including risk to human health, that could result from the release.

• (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the release and determines that there is

  • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

    • (ii) change the conditions respecting the release, or

    • (iii) remove any of the conditions respecting the release;

  • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) impose additional conditions respecting the release, or

    • (ii) change the conditions respecting the release; or

  • (c) an unacceptable risk, the Minister shall

    • (i) refuse to authorize the release, or

    • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

• (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 111(2)(a) and make the assessment referred to in paragraph 111(2)(b).