Seeds Regulations (C.R.C., c. 1400)

• 35 (1) Subject to section 37, every package of seed of a variety that is graded with a Canada pedigreed grade name shall be fastened and tagged with an unregistered variety tag if the seed is

  • (a) of a kind, species or variety not exempt from registration pursuant to section 65;

  • (b) of a variety not registered under Part III; and

  • (c) sold in Canada.

• (2) The unregistered variety tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the name of the grade of the seed;

  • (d) the lot number;

  • (e) the crop certificate number; and

  • (f) if the seed is derived from a crop not grown in Canada, the country or the state of the official certifying agency and the pedigreed reference number of that agency.

• 36 (1) A pedigreed status tag may be applied to seed derived from a crop grown in Canada and not graded.

• (2) The pedigreed status tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the crop certificate number; and

  • (d) the pedigreed status of the seed.

37 Seed that has been graded with a Canada pedigreed grade name is exempt from the requirement to be sold in fastened packages where

• (a) the seed is sold in bulk and delivered by a bulk storage facility within the meaning of Part IV;

• (b) the seed is accompanied by a completed official tag at the time of the sale;

• (b.1) the seed, at the time of delivery, is accompanied by written information that, if the seed were in a fastened package, would be required by section 19, subsection 20(4) and sections 21 and 35 to be marked on the package or to be contained on the package’s label or tag; and

• (c) the vendor of the seed maintains complete and up-to-date records concerning the pedigree, conditioning, testing done in accordance with section 11 and disposal of the seed for a period of not less than one year following the disposal of the seed.

Advertising

38 Seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act in so far as it may be advertised for sale in Canada if

• (a) the variety has been reviewed by a recommending committee for registration pursuant to Part III;

• (b) an application for the registration of the variety has been received by the Registrar pursuant to Part III; and

• (c) the advertising indicates that registration is pending.

Seed Crop Inspection

• 39 (1) Seed crop inspection by inspectors of the Agency shall be limited to crops for the production of seed of pedigreed status and special seed crops.

• (2) The inspection of a seed crop shall be refused by an official of the Agency where

  • (a) the request therefor is received too late in the season to make the inspection or to make arrangements for the inspection; or

  • (b) inspectors or facilities for inspection are not available.

Seed Importations

• 40 (1) Subject to subsections (5) and (6), each seed lot that is imported into Canada shall be accompanied by a statement that contains the following information:

  • (a) the name of the kind or species of seed;

  • (b) the quantity of seed;

  • (c) the variety name of the seed for all kinds, species and varieties subject to registration under Part III, other than non-pedigreed seed of forage crops;

  • (d) the lot designation of the seed;

  • (e) the name and address of the exporter; and

  • (f) the name and address of the importer.

• (2) Except as provided by subsection (5) or (6), the seed shall be accompanied by a seed analysis certificate indicating that the seed has been tested pursuant to paragraph 11(1)(b).

• (3) Except as provided by subsection (5) or (6), the importer shall provide the Agency with a signed declaration stating

  • (a) the information specified in subsection (1);

  • (b) the country where the crop from which the seed is derived was grown;

  • (c) the telephone number of the importer; and

  • (d) the intended purposes of the imported seed.

• (4) Where seed is imported into Canada by a person other than an establishment registered pursuant to Part IV as an authorized importer, it shall be kept separate and intact in the original packages until a notice of release has been issued by the Agency indicating that the seed meets the requirements of these Regulations.

• (5) Subsections (1) to (4) do not apply in respect of a seed lot that

  • (a) is composed of onion or garlic sets, tree seeds, shrub seeds, ginseng seeds, aquatic plant seeds, true potato seeds or flower seeds, except wildflower seed mixtures;

  • (b) weighs 5 kg or less, in the case of seed of the kinds or species set out in any of Tables I to VI and XVI to XVIII to Schedule I, or seeds of similar size or herb seeds; or

  • (c) weighs 500 g or less, in the case of seed of the kinds or species set out in any of Tables VII to XII to Schedule I, or seeds of similar size.

• (6) Subsections (1) to (3) do not apply in respect of seed that is imported by an authorized importer where the authorized importer supplies the Agency with the establishment registration number at the time of importation and the information required by subsection (3) within 30 days after that time.

• (7) If seed has been imported into Canada by an authorized importer under subsection (6), it shall be kept separate and intact in the original containers until a notice of release has been completed by an individual accredited under section 13.1 to evaluate imported seed and accompanying documents for conformity with these Regulations or the seed has been tested and found to be in conformity with these Regulations.

• 41 (1) Subject to subsection (2), seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act if it is imported into Canada for the purpose of

  • (a) conditioning;

  • (b) research;

  • (c) seeding by the importer; or

  • (d) sale pursuant to subsection 5(4).

• (2) Seed of any variety of spring wheat, winter wheat or durum wheat that is imported into the Canadian Wheat Board Area is exempt from the operation of paragraph 3(1)(b) of the Act only if it is imported for the purpose of

  • (a) conditioning;

  • (b) research; or

  • (c) sale pursuant to subsection 5(4).

42 [Repealed, SOR/2008-228, s. 2]

Detentions

• 43 (1) Any seed or package seized pursuant to section 8 of the Act may be detained by an inspector at any place by attaching a detention tag to

  • (a) where only the seed is seized, the package provided by the Agency and in which the seed is placed;

  • (b) where only the package is seized, the package;

  • (c) where the package and the seed are seized, the package; and

  • (d) where a seed lot in packages is seized, at least one package of the seed lot.

• (2) On attaching a detention tag to the appropriate package referred to in subsection (1), the inspector shall deliver or mail a notice of the detention to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (3) No person shall alter or remove a detention tag attached to a package, or sell any seed or package detained, pursuant to subsection (1).

• (4) No person shall move any seed or package detained pursuant to subsection (1), except where an inspector issues a written authorization indicating that the seed or package must be placed in a safer or more convenient location.

• (5) Unless an official sample has already been taken of such seed, an inspector shall take an official sample of each seed lot that has been detained.

• (6) On release from detention of the seed or package, an inspector shall deliver or mail a notice of release to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (7) Costs incidental to the detention are payable and recoverable from the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

44 [Repealed, SOR/97-534, s. 3]

PART IISeed Potatoes

Interpretation

45 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)