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
(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
(b) research; or
(c) sale pursuant to subsection 5(4).
- SOR/96-252, s. 2;
- SOR/2008-228, s. 1.
42. [Repealed, SOR/2008-228, s. 2]
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.
- SOR/85-903, s. 3;
- SOR/96-252, s. 2;
- SOR/2000-184, s. 89.
44. [Repealed, SOR/97-534, s. 3]
PART IISEED POTATOES
45. In this Part,
“Act” means the Seeds Act; (Loi)
“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” 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” 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” [Repealed, SOR/2000-184, s. 84]
“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” 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” [Repealed, SOR/2002-198, s. 1]
“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” 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” 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” 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” 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” 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)
- SOR/86-849, s. 5;
- SOR/91-526, s. 1;
- SOR/93-331, s. 1;
- SOR/95-179, s. 1;
- SOR/97-118, s. 1;
- SOR/97-292, s. 34;
- SOR/2000-184, s. 84;
- SOR/2002-198, s. 1.
- Date modified: