Seeds Regulations (C.R.C., c. 1400)

Regulations are current to 2016-09-18 and last amended on 2015-02-27. Previous Versions

Potato Eyes and Cut-Seed Pieces

  •  (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.

  • SOR/91-526, s. 3;
  • SOR/97-118, s. 14;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 15.

Importation for Certification

  •  (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.

  • SOR/86-849, s. 7;
  • SOR/91-526, s. 3;
  • SOR/97-118, s. 15;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 16.

Detention

  •  (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).

  • SOR/91-526, s. 3;
  • SOR/97-118, s. 16;
  • SOR/2000-184, s. 91.

Reinspection

  •  (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.

  • SOR/91-526, s. 3;
  • SOR/2002-198, s. 17.

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

[SOR/2002-198, s. 18]
  •  (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.

  • SOR/91-526, s. 3;
  • SOR/97-118, s. 17;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 19.

Breeder’s Selection

  •  (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).

  • SOR/2002-198, s. 20.
 
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