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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 IISeed Potatoes (continued)

Application for Crop Inspection

  •  (1) An application by a grower for an inspection of a crop shall be made on a form provided by the Agency and shall include the following information and be accompanied by the following documents:

    • (a) seed potato tags or other documents that attest to the origin and class of each seed lot planted;

    • (b) a list of all of the grower’s crops;

    • (c) in the case of a crop that was planted with seed potatoes that were produced by the grower, information or documents that show that at least two field-grown lots from the grower’s farm unit have been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

    • (d) in the case of a crop that was planted with Elite II, Elite III, Elite IV or Foundation seed potatoes that were not produced by the grower, information or documents that show that those seed potatoes have been subjected to laboratory tests and not found positive for Clavibacter michiganensis subsp. sepedonicus; and

    • (e) in the case of an application made by a new seed potato grower, a document, issued by an inspector, that verifies that a clean-up and disinfection of the premises at the grower’s farm unit was completed before the arrival of the seed potatoes for planting and that the crop was not planted in a field where non-certified potatoes were grown in either of the previous two years.

  • (2) The application shall be delivered to the office of the Agency specified on the form by the following deadlines:

    • (a) in the case of field-grown crops, on or before June 30 of the crop year in respect of which the application is made;

    • (b) in the case of crops produced in a protected environment, 30 days after planting; and

    • (c) in the case of crops produced in an aseptic environment, before material is transferred to a new owner of the material or transferred to a protected environment.

  • (3) An application may be made after the deadline specified in subsection (2) if there is still time for the inspection to be carried out in accordance with these Regulations and the grower shows that the delay in submitting the application was beyond the grower’s control.

  • SOR/91-526, s. 1
  • SOR/95-215, s. 2
  • SOR/97-118, s. 7
  • SOR/97-292, s. 36
  • SOR/2000-183, s. 41
  • SOR/2000-184, s. 90
  • SOR/2002-198, s. 5
  • SOR/2017-94, s. 10(F)

Conditions for Crop Inspection

  •  (1) Subject to subsections (3) and (4), inspection of a crop shall be made if the crop is planted with seed potatoes that

    • (a) are of a variety that

      • (i) is registered in accordance with Part III, or

      • (ii) is not registered, if the potatoes are being grown solely for experimental purposes or for evaluation for the purposes of registration; and

    • (b) are of a class established in section 47 or are Breeder’s Selection seed potatoes.

  • (2) An inspector shall inspect a crop that is planted with imported seed potatoes if the seed potatoes meet the requirements of paragraphs 59(2)(a) to (c).

  • (3) An inspector shall not inspect a crop of a grower if

    • (a) in the current year,

      • (i) non-certified potatoes or Certified seed potatoes have been planted in fields under cultivation by the grower,

      • (ii) the crop is growing in a field where non-certified potatoes were planted in the previous two years, or

      • (iii) the crop is growing in a field where there has been an occurrence of bacterial ring rot, unless the inspector verifies that the field has been free of potatoes, including volunteers, for the previous two years; or

    • (b) in the previous year, potatoes infected with Clavibacter michiganensis subsp. sepedonicus were produced in fields under cultivation by the grower, or were found in buildings or on equipment used by the grower and a clean-up and disinfection of the building and equipment was not verified by an inspector.

  • (4) An inspector shall not inspect a crop of a grower if

    • (a) as a result of late planting, lack of cultivation, lack of vigour, the existence of weeds, leaf injury or pesticide injury, an inspector is unable to conduct a visual inspection of the crop;

    • (b) the distance between adjacent fields is less than the space required for one blank row;

    • (c) there are not at least 10 m of blank row at each end of the field to separate one class of a variety from another class of the same variety; or

    • (d) equipment used in relation to planting, cultivating or spraying the crop has been exposed to contamination by pathogens that are or may be detrimental to the crop, unless the equipment, each time before it has entered a field of a farm unit, has been thoroughly cleaned and disinfected in such a way as to destroy the contamination and the grower demonstrates to the inspector that the clean-up and disinfection has been completed.

  • SOR/80-517, s. 1
  • SOR/86-849, s. 6
  • SOR/91-526, s. 2
  • SOR/93-331, s. 2
  • SOR/95-179, s. 10
  • SOR/97-118, ss. 8, 18
  • SOR/2000-184, s. 90
  • SOR/2002-198, s. 6

Crop Inspection

  •  (1) At the time of inspection of a crop, an inspector shall inspect the crop to determine whether it meets the applicable standards stated in sections 47.11 to 47.8 and 61.1.

  • (2) Before the first inspection of the crop, the grower shall submit for examination by an inspector all seed potato tags and other documents pertaining to the source of the seed potatoes planted on the farm unit.

  • SOR/91-526, s. 3
  • SOR/97-118, s. 9
  • SOR/2002-198, s. 7

Crop Certificate

  •  (1) Subject to subsections (2) to (4), if an inspector has inspected crops on a farm unit and finds that they meet the applicable standards set out in sections 47.11 to 47.8 and 61.1, the inspector shall issue to the grower a crop certificate.

  • (1.1) In the case of Breeder’s Selection seed potatoes, the crop certificate shall specify for each crop

    • (a) the information by which the crop is identified on the application made under section 49;

    • (b) the number of plants or the number of hectares that passed inspection; and

    • (c) the certificate number.

  • (1.2) In the case of seed potatoes of a class and variety, the crop certificate shall specify for each crop

    • (a) the class and variety of the seed potatoes;

    • (b) the number of plants or the number of hectares that passed inspection; and

    • (c) the certificate number.

  • (2) An inspector shall not issue a crop certificate in respect of a particular crop where

    • (a) the crop was not top-killed as directed by an inspector;

    • (b) the crop has been treated with a sprout inhibitor; or

    • (c) the inspector determines that the crop has been exposed to a sprout inhibitor from any source.

  • (3) An inspector shall not issue a crop certificate in respect of any crop of a grower if

    • (a) the inspector determines, based on crop inspection and laboratory verification, that any crop under production by the grower is infected with Clavibacter michiganensis subsp. sepedonicus; or

    • (b) any common or custom equipment was used in cutting tubers infected with Clavibacter michiganensis subsp. sepedonicus, or in planting, spraying or cultivating a crop infected with Clavibacter michiganensis subsp. sepedonicus unless the equipment, each time prior to entering a field of a farm unit, has been thoroughly cleaned and disinfected in such a way as to destroy the contamination and the grower demonstrates to the inspector that the clean-up and disinfection has been completed.

  • (4) An inspector shall not issue a crop certificate in respect of a crop if the inspector determines that the crop has been infected with the potato spindle tuber viroid or that pathogen was present in the source of seed potatoes used to plant that crop.

  • (5) An inspector shall revoke a crop certificate issued pursuant to subsection (1) in respect of a particular crop at any time if the inspector determines that the corresponding lot

    • (a) has been exposed to sprout inhibitors or other harmful chemicals;

    • (b) has lost its identity;

    • (c) has lost its ability to propagate;

    • (d) is infested with a pest as defined in section 3 of the Plant Protection Act; or

    • (e) is infected with potato spindle tuber viroid or was produced from a source of seed potatoes infected with that pathogen.

  • (6) An inspector shall revoke all crop certificates issued pursuant to subsection (1) in respect of the crops of a farm unit where

    • (a) the inspector determines that any one of the lots is infected with Clavibacter michiganensis subsp. sepedonicus; or

    • (b) any one of the lots came in contact with any common or custom equipment used on a potato operation that was infected with Clavibacter michiganensis subsp. sepedonicus unless the inspector has verified that a clean-up and disinfection of the equipment had been completed before the use of the equipment on the crops.

  • (7) An inspector shall revoke a crop certificate issued pursuant to subsection (1) where the inspector determines that non-certified potatoes from another farm unit are stored with the certified seed potatoes or that the certified seed potatoes were stored, graded or handled with common equipment.

  • (8) After a crop certificate has been issued, an inspector shall, if requested by a certification authority, issue a North American Certified Seed Potato Health Certificate to substantiate the health status of a seed potato lot to which the crop certificate applies.

  • SOR/80-517, s. 2
  • SOR/91-526, s. 3
  • SOR/95-179, s. 11
  • SOR/97-118, ss. 10, 18
  • SOR/2002-198, s. 8

Tuber Storage

  •  (1) A grower shall store each lot in a manner that prevents varietal mixture and mixture with non-certified potatoes.

  • (2) Where lots of different classes of a single variety are stored in the same bin without separation to prevent mixture, the seed potatoes shall be given the certificate number of the lot with the lowest class.

  • (3) Where two or more lots of the same class of a single variety are stored in the same bin without separation to prevent mixture, the seed potatoes shall be given the certificate number of the lot with the highest disease percentage.

  • (4) A grower shall identify each lot in storage according to the name of the applicable class established in section 47 or the name “Breeder’s Selection”, as the case may be.

  • (5) A grower shall hold in storage any lot, or any part of any lot, that may have been exposed to freezing temperatures or that may be infected with late blight, Fusarium or other tuber-rotting organisms, until such time has passed during which any defects or symptoms could reasonably be expected to develop, so that an inspector is able to determine whether the lot meets the standards set out in subsections 48.1(2) to (10).

  • SOR/91-526, s. 3
  • SOR/2002-198, s. 9

Seed Potato Tags

  •  (1) Subject to subsection (6), an inspector shall provide seed potato tags to a grower for use by the grower in labelling seed potatoes, other than Breeder’s Selection seed potatoes, if

    • (a) a request from the grower has been received by the inspector in respect of a crop for which a crop certificate was issued; and

    • (b) a sample of the lot or growing crop for which the seed potato tags are provided, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

  • (2) A grower who receives seed potato tags shall grade seed potatoes in accordance with section 48 and subsections 48.1(2) to (10).

  • (3) A grower who receives seed potato tags shall attach them to the containers of seed potatoes that were produced from a crop in respect of which a crop certificate has been issued.

  • (4) If an inspector, on inspection, determines that seed potatoes for which seed potato tags were provided under subsection (1) do not meet the standards or grade size set out in sections 47.11 to 47.8, 48 and 48.1, the inspector shall request the grower to re-grade the seed potatoes, and if the grower refuses to re-grade or cannot re-grade the seed potatoes, the grower shall return the seed potato tags to the inspector.

  • (5) Every seed potato tag shall have printed on it

    • (a) the class, variety and size of the seed potatoes;

    • (b) the crop certificate number;

    • (c) any additional information that is necessary to meet the requirements of the laws of the country that will be importing the seed potatoes;

    • (d) the date on which the information set out in paragraphs (a) to (c) is printed on the seed potato tag; and

    • (e) the following statements, in French and English:

      THE GROWER declares that the seed potatoes contained in this shipment are from the crop for which a crop certificate was issued bearing the crop certificate number shown on this tag and that they are graded in accordance with section 48 and subsections 48.1(2) to (10) of the Seeds Regulations.

      A request for reinspection of the seed potato lot may be made to the Canadian Food Inspection Agency within two working days after receipt of the lot.

      NOTE

      Inspection for the purpose of certification was made either visually or through laboratory testing of samples, or both. Certification does not constitute a warranty, by either the Canadian Food Inspection Agency or the grower, that the seed potatoes meet the applicable standards set out in sections 47.11 to 47.8 of the Seeds Regulations.

      LE PRODUCTEUR déclare que les pommes de terre de semence qui font l’objet de la présente expédition proviennent de la culture certifiée par le certificat de culture dont le numéro figure sur la présente étiquette et qu’elles ont été classées conformément à l’article 48 et aux paragraphes 48.1(2) à (10) du Règlement sur les semences.

      Une demande de réinspection du lot de pommes de terre de semence peut être faite à l’Agence canadienne d’inspection des aliments dans les deux jours ouvrables suivant la réception du lot.

      REMARQUE

      L’inspection en vue de la certification a été effectuée soit visuellement, soit au moyen d’essais de laboratoire sur des échantillons, soit par les deux moyens. La certification ne constitue pas une garantie, de la part de l’Agence canadienne d’inspection des aliments ou du producteur, que les pommes de terre de semence satisfont aux normes applicables énoncées aux articles 47.11 à 47.8 du Règlement sur les semences.

  • (6) An inspector shall not provide seed potato tags to a grower in respect of a lot of Pre-Elite, Elite I or Elite II class of seed potatoes if the grower was not granted a crop certificate in each of the previous three years due to the presence of Clavibacter michiganensis subsp. sepedonicus in a field, in storage or on equipment of that grower.

  • SOR/91-526, s. 3
  • SOR/95-179, s. 12
  • SOR/97-118, ss. 11, 18
  • SOR/97-292, s. 37
  • SOR/2002-198, s. 10

Packaging and Marking

  •  (1) Subject to subsection (3) and section 56, seed potatoes shall be packaged in containers that

    • (a) contain not less than 20 kg;

    • (b) are new;

    • (c) are closed after packaging; and

    • (d) have no markings that refer to non-certified potatoes or are likely to result in the seed potatoes being mistaken as such.

  • (2) A seed potato tag shall be attached to each container referred to in subsection (1).

  • (3) Seed potatoes other than Nuclear Stock seed potatoes may be packaged in containers that contain less than 20 kg if an inspector issues a permit to that effect.

  • (4) A permit referred to in subsection (3) shall be issued by an inspector on the request of the packager and shall be valid for a period of one year.

  • (5) Nuclear Stock seed potatoes may be packaged in containers that contain less than 20 kg if an inspector’s certificate certifying that the seed potatoes are Nuclear Stock seed potatoes or a seed potato tag has been provided in respect of the seed potatoes.

  • SOR/91-526, s. 3
  • SOR/95-179, s. 13
  • SOR/2002-198, s. 11
 
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