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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2022-11-16 and last amended on 2020-04-23. Previous Versions

PART IISeed Potatoes (continued)

Repackaging

  •  (1) Seed potatoes, other than Nuclear Stock seed potatoes, that were packaged in accordance with section 54 may be repackaged if the containers used for repackaging are new and, in the case of containers that contain less than 20 kg, if

    • (a) an inspector has issued a permit, on request of the packager, valid for a period of one year;

    • (b) subject to subsection (2), the container is labelled to show

      • (i) the name and address of the packager,

      • (ii) the size of the seed potatoes and, in the case of seed potatoes other than Breeder’s Selection seed potatoes, the class and variety of the seed potatoes, and

      • (iii) the crop certificate number; and

    • (c) in the case of seed potatoes other than Breeder’s Selection seed potatoes, the person repackaging the seed potatoes returns to the inspector who has issued the permit referred to in paragraph (a) the seed potato tags that were attached to the original containers or the record of bulk movement that accompanied the original shipment.

  • (2) Seed potatoes that are imported from the United States for the purposes of repackaging shall be repackaged in new containers and labelled by the packager to show

    • (a) the name and address of the packager;

    • (b) the variety of the seed potatoes;

    • (c) the name of the state in which the seed potatoes were grown; and

    • (d) the crop certificate number.

  • SOR/91-526, s. 3
  • SOR/2002-198, s. 12

Record of Bulk Movement

[
  • SOR/2002-198, s. 13
]
  •  (1) Subject to subsection (9), an inspector shall provide a record of bulk movement to a grower in respect of seed potatoes, other than Breeder’s Selection seed potatoes, before they are shipped in bulk 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 record of bulk movement is to be 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 a record of bulk movement shall grade the seed potatoes referred to in subsection (1) in accordance with section 48 and subsections 48.1(2) to (10).

  • (3) A grower who receives a record of bulk movement shall clean and disinfect the equipment to be used in the handling and shipping in bulk of the seed potatoes before that handling and shipping.

  • (4) No record of bulk movement that accompanies a bulk shipment of seed potatoes is valid unless it has written on it

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

    • (b) the crop certificate number;

    • (c) the name of the consignee;

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

    • (e) the date on which the information set out in paragraphs (a) to (d) is printed on the record of bulk movement; and

    • (f) 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 record of bulk movement and that they are graded in accordance with section 48 and subsections 48.1(2) to (10) of the Seeds Regulations.

      THE GROWER declares that the vehicle carrying this shipment was disinfected, before loading, with a control product registered under the Pest Control Products Act for use against Clavibacter michiganensis subsp. sepedonicus.

      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 le présent dossier de transport en vrac et qu’elles ont été classées conformément à l’article 48 et aux paragraphes 48.1(2) à (10) du Règlement sur les semences.

      LE PRODUCTEUR déclare que le véhicule servant au transport de cette expédition a été désinfecté, avant le chargement, avec un produit antiparasitaire homologué conformément à la Loi sur les produits antiparasitaires pour la lutte contre la Clavibacter michiganensis subsp. sepedonicus.

      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.

  • (5) A record of bulk movement is not transferable.

  • (6) Seed potatoes that are sold in bulk for the purposes of packaging and resale are not required to be graded in accordance with section 48 and subsections 48.1(2) to (10) where the grower has received a permit to that effect from an inspector before the sale.

  • (7) The permit referred to in subsection (6) shall be issued by an inspector at the request of the grower after a sample of the lot or growing crop, 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.

  • (8) At the time of packaging, seed potatoes referred to in subsection (6) shall be graded in accordance with section 48 and subsections 48.1(2) to (10).

  • (9) An inspector shall not provide a record of bulk movement 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/82-661, s. 3
  • SOR/85-903, s. 6
  • SOR/91-526, s. 3
  • SOR/95-179, s. 14
  • SOR/97-118, ss. 12, 18
  • SOR/97-292, s. 38
  • SOR/2002-198, s. 14

Tuber Damage

  •  (1) Seed potatoes of any class that do not meet the standards set out in subsections 48.1(2) to (10) due to the existence of one defect of a mechanical or physiological nature may be sold in Canada where the President has issued a permit to the grower to that effect.

  • (2) The President shall issue a permit referred to in subsection (1) where

    • (a) there is a shortage of seed potatoes of the particular variety and class in Canada that meet the applicable standards set out in sections 47.11 to 47.8;

    • (b) a sample of the lot or growing crop in respect of which the permit is to be issued, 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;

    • (c) the seed potatoes will be used by the purchaser solely for the purchaser’s own planting; and

    • (d) before the sale of the seed potatoes, the purchaser provides the President with a statement, signed by the grower and the consignee, that specifies the variety, class and certificate number of the seed potatoes and the nature of the defect.

  • (3) A copy of the permit referred to in subsection (1) shall accompany each shipment.

  • (4) In the case of a bulk-movement of seed potatoes referred to in subsection (1), the grower shall have the equipment that is to be used to transport the potatoes cleaned and disinfected before loading.

  • SOR/91-526, s. 3
  • SOR/95-179, s. 15
  • SOR/97-118, s. 13
  • SOR/2000-184, s. 90

Potato Eyes and Cut-Seed Pieces

  •  (1) Potato eyes and cut-seed pieces may be certified as seed potatoes where

    • (a) an inspector determines that the tubers, before cutting, meet the standards set out in section 48, subsections 48.1(2) to (10) and in subsection (2) of this section;

    • (b) they are cut from seed potatoes of a class established in section 47;

    • (c) the person who performed the cutting is authorized to do so by a permit issued annually by the President; and

    • (d) a sample of the lot or growing crop from which the potato eyes and cut-seed pieces originate, except for Pre-Elite, Elite I or Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus.

  • (2) All potato eyes and cut-seed pieces shall

    • (a) have an average mass of at least 15 g at the time they are cut; and

    • (b) be firm and free of visible damage from bacteria, fungi or insects.

  • (3) The President shall issue a permit referred to in paragraph (1)(c) where the person referred to in that paragraph submits a declaration stating that the person will maintain

    • (a) the lot identity; and

    • (b) sanitary conditions at the cutting facility.

  • (4) Every container of potato eyes or cut-seed pieces shall be labelled by the packager to show

    • (a) the name and address of the packager; and

    • (b) the class, variety and crop certificate number of the lot from which they were cut.

  • (5) Cut-seed pieces may be transported in bulk if they are accompanied by a record of bulk movement.

  • (6) At least 95 per cent of the potato eyes or cut-seed pieces in any shipment shall have a depth of at least 20 mm.

  • SOR/91-526, s. 3
  • SOR/97-118, s. 14
  • SOR/2000-184, s. 90
  • SOR/2002-198, s. 15

Importation for Certification

  •  (1) Seed potatoes of a variety that has been registered under Part III may be imported for certification if prior authorization to do so has been obtained from the President.

  • (2) The President shall give an authorization referred to in subsection (1) where

    • (a) the seed potatoes have been certified in the country from which they are imported and packaged in accordance with the requirements of the recognized certification authority of that country;

    • (b) the certification and packaging requirements of the agency referred to in paragraph (a) are substantively equivalent to those contained in these Regulations; and

    • (c) a sample of the lot has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus and PSTV.

  • (3) Seed potatoes that have not been registered under Part III may be imported if prior authorization to do so has been obtained from the President.

  • (4) The President shall give an authorization referred to in subsection (3) where

    • (a) the seed potatoes are to be planted by the importer for experimental purposes or for production for export; and

    • (b) the requirements of paragraphs (2)(a) to (c) have been met.

  • SOR/86-849, s. 7
  • SOR/91-526, s. 3
  • SOR/97-118, s. 15
  • SOR/2000-184, s. 90
  • SOR/2002-198, s. 16

Detention

  •  (1) Where seed potatoes that are seized pursuant to the Act are detained, an inspector shall

    • (a) attach a detention tag to at least one of the containers of the seed potatoes or, where the seed potatoes are in bulk, place a detention tag where the potatoes are located; and

    • (b) deliver or mail to the person having the care or control of the seed potatoes a notice of the detention that describes the seed potatoes and the place where they are being detained.

  • (2) The detention tag referred to in subsection (1) shall be in a form established by the President and shall set out

    • (a) a description of the seed potatoes seized and detained;

    • (b) the reason for the seizure and detention;

    • (c) the date of the seizure and detention;

    • (d) the name and signature of the inspector;

    • (e) the telephone number to call for further information in respect of the seizure and detention; and

    • (f) such other information as is necessary to identify the seed potatoes.

  • (3) Except where an inspector provides written authorization for a change in location of detained seed potatoes, no person shall remove seed potatoes from the place where they are being detained.

  • (4) No person shall alter or remove a detention tag that is attached to a container or bulk shipment of seed potatoes.

  • (5) Where an inspector determines that any seized and detained seed potatoes meet the requirements of the Act and these Regulations, the inspector shall release the seed potatoes and shall deliver or mail a copy of the release document to the person referred to in paragraph (1)(b).

  • SOR/91-526, s. 3
  • SOR/97-118, s. 16
  • SOR/2000-184, s. 91

Reinspection

  •  (1) An inspector may reinspect seed potatoes at any time, and shall place under detention any seed potatoes that were not graded in accordance with section 48 or that do not meet the standards set out in subsections 48.1(2) to (10).

  • (2) A request for reinspection of a lot may be made within two working days after receipt of the lot, and the reinspection shall be carried out by an inspector as soon as possible but no later than five days after receipt of the request.

  • (3) Seed potatoes placed under detention pursuant to subsection (1) may be re-graded in accordance with section 48 and subsections 48.1(2) to (10).

  • (4) If seed potatoes are not graded in accordance with section 48 and do not meet the standards set out in subsections 48.1(2) to (10), the seed potato tags or record of bulk movement that is provided with respect to those potatoes shall be returned to the inspector.

  • SOR/91-526, s. 3
  • SOR/2002-198, s. 17
  • SOR/2017-94, s. 11(F)

Shipment of Breeder’s Selection Seed Potatoes or Non-Registered Varieties

[
  • SOR/2002-198, s. 18
]
  •  (1) Breeder’s Selection seed potatoes, and seed potatoes of a non-registered variety, for which a crop certificate has been issued may be shipped between farm units within Canada only if a certificate of authorization is issued by the President and a copy of the certificate accompanies the shipment.

  • (2) The President shall issue a certificate referred to in subsection (1) where

    • (a) the lot is to be grown for experimental purposes or for multiplication for the purposes of registration;

    • (b) a sample of the lot or growing crop, 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;

    • (c) the seed potatoes have been graded in accordance with section 48 and subsections 48.1(2) to (10);

    • (d) if shipped in containers, the seed potatoes meet the requirements of section 54; and

    • (e) if shipped in bulk, the seed potatoes meet the requirements of section 56.

  • SOR/91-526, s. 3
  • SOR/97-118, s. 17
  • SOR/2000-184, s. 90
  • SOR/2002-198, s. 19
 
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