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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2022-09-22 and last amended on 2020-04-23. Previous Versions

PART ISeeds other than Seed Potatoes (continued)

Detentions (continued)

 [Repealed, SOR/97-534, s. 3]

PART IISeed Potatoes

Interpretation

 In this Part,

Act

Act means the Seeds Act; (Loi)

Agency

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

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

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

Department[Repealed, SOR/2000-184, s. 84]

Director

Director[Repealed, SOR/2000-184, s. 84]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

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

generation[Repealed, SOR/2002-198, s. 1]

grower

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

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

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

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

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

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
  • SOR/2017-94, s. 1(F)

Application

 This Part applies in respect of seed potatoes that are sold or advertised for sale in Canada, imported into Canada or exported from Canada.

  • SOR/91-526, s. 1

 [Repealed, SOR/2000-183, s. 40]

Classes of Seed Potatoes and Class Names

 The following classes of seed potatoes are established, as listed, from the highest quality to the lowest:

  • (a) Nuclear Stock;

  • (b) Pre-Elite;

  • (c) Elite I;

  • (d) Elite II;

  • (e) Elite III;

  • (f) Elite IV;

  • (g) Foundation; and

  • (h) Certified.

  • SOR/91-526, s. 1
  • SOR/97-118, s. 2

Standards for Classes of Seed Potatoes

 The standards for the classes of seed potatoes established in section 47 are those set out in sections 47.11 to 47.8.

  • SOR/91-526, s. 1
  • SOR/97-118, s. 2

Method of Inspection

 The inspection of seed potatoes shall be made either visually or through laboratory tests or both.

  • SOR/2002-198, s. 2

Nuclear Stock

  •  (1) Nuclear Stock seed potatoes shall be

    • (a) produced from potato tissue culture material that has been tested and found free of bacterial ring rot, PSTV and viruses;

    • (b) laboratory tested within 12 months before the completion of the multiplication process and found free of bacterial ring rot, PSTV and viruses;

    • (c) produced in an aseptic or protected environment;

    • (d) visibly free from varietal mixtures;

    • (e) free from pathogenic bacteria or viruses, saprophytic contamination or other symptoms of diseases that could affect the quality of the material; and

    • (f) if produced in a protected environment,

      • (i) inspected by an inspector at least once during the growing period, and

      • (ii) grown in a medium that has not been previously used.

  • (2) Subject to paragraph 6(1)(d) of the Act, an inspector may ask a grower to provide records that contain the following information:

    • (a) the origin of each variety;

    • (b) the testing history of each variety;

    • (c) the pedigree of each variety; and

    • (d) evidence that subparagraph (1)(f)(ii) has been complied with.

  • (3) Any material that is being produced as Nuclear Stock seed potatoes shall be removed without delay from an aseptic or protected environment if it tests positive for pathogenic bacterial or viral organisms or manifests signs or symptoms of saprophytic contamination.

  • (4) A person who sells or transfers Nuclear Stock seed potatoes shall identify those seed potatoes with a seed potato tag or a certificate provided by an inspector that indicates that the seed potatoes are Nuclear Stock seed potatoes.

  • SOR/97-118, s. 2
  • SOR/97-292, s. 35
  • SOR/2000-184, s. 91
  • SOR/2002-198, s. 3
  • SOR/2017-94, s. 2

Pre-Elite

  •  (1) Pre-Elite seed potatoes shall be

    • (a) produced from Nuclear Stock seed potatoes, from cuttings or plants that were produced in a protected environment or from tubers or selected clones, that were determined by laboratory tests to be free from any disease that could affect the quality of the seed;

    • (b) produced in a field where potatoes were not planted for the previous two years; and

    • (c) inspected by an inspector at least two times during the growing season.

  • (2) Pre-Elite seed potatoes shall be given the status of field generation 1 if the crop is produced in the field for the first time.

  • (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

    TABLE

    Pre-Elite

    Column 1Column 2Column 3
    ItemDisease or Varietal MixturePercentage on First or any Subsequent InspectionPercentage on Final Inspection
    1PSTV00
    2Bacterial ring rot00
    3Total of all viruses00
    4Total of blackleg and wilts00
    5Varietal mixtures0.10
  • SOR/91-526, s. 1
  • SOR/95-179, s. 2
  • SOR/97-118, s. 3
  • SOR/2002-198, s. 3
  • SOR/2017-94, s. 3(F)

Elite I

  •  (1) Elite I seed potatoes shall be

    • (a) produced from Nuclear Stock or Pre-Elite seed potatoes; and

    • (b) inspected by an inspector at least two times during the growing season.

  • (2) Elite I seed potatoes shall be given the status of field generation 2 if the crop is produced in the field for the second time.

  • (3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.

    TABLE

    Elite I

    Column 1Column 2Column 3
    ItemDisease or Varietal MixturePercentage on First or any Subsequent InspectionPercentage on Final Inspection
    1PSTV00
    2Bacterial ring rot00
    3Total of all viruses0.10
    4Total of blackleg and wilts0.10.1
    5Varietal mixtures0.10
  • SOR/91-526, s. 1
  • SOR/95-179, s. 3
  • SOR/97-118, s. 4
  • SOR/2002-198, s. 3
  • SOR/2017-94, s. 4(F)
 
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