Seeds Regulations

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.