Seeds Regulations (C.R.C., c. 1400)

• 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.