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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2020-09-09 and last amended on 2020-04-23. Previous Versions

PART ISeeds other than Seed Potatoes (continued)

Standards (continued)

 Seed of any variety of field corn shall not be sold in Canada unless it is of pedigreed status.

  • SOR/96-252, s. 2

 Any seed that is a component of specialty seed shall meet the standards set out in sections 6 and 7 before being mixed with or attached to non-seed material.

  • SOR/96-252, s. 2

Use of Variety Names

  •  (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.

  • SOR/79-367, s. 2
  • SOR/82-437, s. 2
  • SOR/86-850, s. 5(F)
  • SOR/88-242, s. 2
  • SOR/89-368, s. 4(F)
  • SOR/96-252, s. 2
  • SOR/2003-6, s. 103
  • SOR/2015-55, s. 11(F)

Seed Testing

  •  (1) For the purposes of determining whether the seed meets the standards set out in sections 6 and 7, the seed shall be subject to the following tests

    • (a) in the case of seed to be graded with a Canada pedigreed grade name, other than seed corn, an officially recognized test;

    • (b) in the case of corn to be graded with a Canada pedigreed grade name, non-pedigreed seed of the kinds or species set out in Tables VII to XII to Schedule I, and for the purposes of subsection 40(2), a recognized standard method by

      • (i) an officially recognized laboratory,

      • (ii) in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of a similar size, an accredited grader,

      • (iii) a seed testing laboratory operating under the supervision of a Senior or Associate member of the Commercial Seed Analysts’ Association of Canada,

      • (iv) a seed testing laboratory operating under the supervision of a Registered Seed Technologist registered by the Society of Commercial Seed Technologists,

      • (v) a seed testing laboratory operated by or under the authority of a national or state government of a foreign country, or

      • (vi) a seed testing laboratory accredited by the International Seed Testing Association (ISTA); or

    • (c) in the case of all other seed, a recognized standard method.

  • (2) Barley seed that has been labelled to indicate that it has been neither tested nor treated for true loose smut is exempt from being tested for true loose smut.

  • SOR/96-252, s. 2
  • SOR/2003-6, s. 104
  • SOR/2007-223, s. 6

Sampling of Seed

  •  (1) Samples of seed for the testing referred to in section 11 shall be taken in conformity with recognized standard methods.

  • (2) Subject to subsection (3), a sample of seed submitted for testing shall be:

    • (a) where one gram of the seed lot contains 5,000 or more seeds, not less than 10 g;

    • (b) where one gram of the seed lot contains more than 25 seeds but less than 5,000 seeds, not less than 50,000 seeds; and

    • (c) where one gram of the seed lot contains 25 or less seeds, not less than 2 kg.

  • (3) A working sample for determination of impurities shall be

    • (a) for the purpose of grading those kinds and species set out in Schedule I, the quantity indicated in Tables 1 and 2 of the Canadian Methods and Procedures for Testing Seed; and

    • (b) for all other purposes, one half of the quantity set out in subsection (2).

  • (4) Subsections (2) and (3) do not apply if the sample is required for the purpose of checking only the percentage of germination.

  • SOR/96-252, s. 2
  • SOR/2003-6, s. 105
  • SOR/2007-223, s. 7(E)

Grading of Seed

  •  (1) Except as provided in subsections (2) and (3), seed may be graded with a Canada pedigreed grade name only where

    • (a) the seed is of pedigreed status;

    • (b) the seed has been conditioned by the grower of the seed on the grower’s premises or by an approved conditioner registered pursuant to Part IV;

    • (c) the grower of the seed has completed and signed a declaration attesting that the seed is derived from a crop that has been issued a crop certificate and that the seed has not been contaminated by any other seed;

    • (d) the seed is graded by an accredited grader, based on

      • (i) the results of an officially recognized test, or

      • (ii) in the case of seed corn, a test done in accordance with paragraph 11(1)(b), and

    • (e) in the case of a varietal blend, the blend is a PPTM varietal blend of kinds or species set out in any of Tables I to II.1 and IV to VII of Schedule I.

  • (2) Where seeds are not conditioned on the grower’s premises and it can be determined that the services of an approved conditioner are not available, a grower may, under the supervision of an inspector, have seed conditioned by other than an approved conditioner.

  • (3) Imported seed may be graded with a Canada pedigreed grade name only where

    • (a) the seed meets the condition set out in paragraph 1(d); and

    • (b) the seed is imported in a package bearing a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status.

  • SOR/78-314, s. 1
  • SOR/86-850, s. 6
  • SOR/88-242, s. 3
  • SOR/93-162, s. 4
  • SOR/96-252, s. 2
  • SOR/2007-223, s. 8
  • SOR/2012-13, s. 2
 
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