Seeds Regulations (C.R.C., c. 1400)

Regulations are current to 2017-06-05 and last amended on 2017-05-19. Previous Versions

Conditions for Crop Inspection

  •  (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.

  • SOR/80-517, s. 1;
  • SOR/86-849, s. 6;
  • SOR/91-526, s. 2;
  • SOR/93-331, s. 2;
  • SOR/95-179, s. 10;
  • SOR/97-118, ss. 8, 18;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 6.

Crop Inspection

  •  (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.

  • SOR/91-526, s. 3;
  • SOR/97-118, s. 9;
  • SOR/2002-198, s. 7.

Crop Certificate

  •  (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.

  • SOR/80-517, s. 2;
  • SOR/91-526, s. 3;
  • SOR/95-179, s. 11;
  • SOR/97-118, ss. 10, 18;
  • SOR/2002-198, s. 8.

Tuber Storage

  •  (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).

  • SOR/91-526, s. 3;
  • SOR/2002-198, s. 9.
 
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