Seeds Regulations (C.R.C., c. 1400)

• 13.2 (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if

  • (a) false or misleading information has been submitted in support of the application for the accreditation or licence; or

  • (b) the grader or sampler does not comply with a provision of the Act or these Regulations.

• (2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.

• (3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if

  • (a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;

  • (b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;

  • (c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;

  • (d) the grader or sampler provides false or misleading information to an inspector;

  • (e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or

  • (f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.

• (4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless

  • (a) an inspector has provided the grader or sampler with a written report setting out the reasons for the suspension or cancellation;

  • (b) the Registrar has given the grader or sampler an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

  • (c) the Registrar has sent a notice of suspension or cancellation of the accreditation or licence to the grader or sampler.

• (5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if

  • (a) the grader or sampler establishes that the basis for the cancellation was the result of an error and the grader or sampler took precautions and exercised due diligence to prevent the occurrence of the error;

  • (b) the grader or sampler undertakes to notify persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

  • (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time indicated by the Registrar.

• (6) A suspension of an accreditation or licence remains in effect until

  • (a) an inspector verifies that the grader or sampler has taken corrective measures; and

  • (b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.

• (7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).

• (8) [Repealed, SOR/2007-223, s. 10]

• (9) If an individual’s accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).

14 [Repealed, SOR/2012-13, s. 3]

Labelling

• 15 (1) Subject to subsection 20(5), the labelling information that is required by these Regulations shall be shown conspicuously, legibly and indelibly in either one or both official languages.

• (2) No label shall show

  • (a) any variation in the character, size, colour or placing of the printing that emphasizes or obscures any part of the labelling information required by these Regulations;

  • (b) any incorrect or misleading information or mark; or

  • (c) any brand name or mark that might be construed as the name of a variety.

• (3) Where any reference, direct or indirect, is made on a label to a place of production of the label or package and not to the place of production of the seed, the reference shall be accompanied by an additional statement indicating that the place of production refers only to the label or package.

• (4) Where seed that is produced, packaged and labelled in a country other than Canada has applied to it a label that shows the identity and principal place of business of the person in Canada for whom the seed was produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” or “imported for”, unless the geographic origin of the seed is stated on the label.

• 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.