(2) No person shall use or allow to be used a modified or qualified variety name in respect of seed of that variety.
(3) No person shall use a variety name, or allow a variety name to be used, on any label or package of seed of a kind or species set out in Schedule II or in any invoice, circular or advertising related to seed of that kind or species unless
(a) except as provided in subsection (4), the seed is graded with a Canada pedigreed grade name and labelled under sections 32 to 37 when sold;
(b) in the case of a mixture or varietal blend,
(i) the mixture or varietal blend was made by an approved conditioner registered under Part IV and all of the seed named as to variety is of pedigreed status; or
(ii) if the mixture or varietal blend is imported, the seed is accompanied at the time of importation by a certificate of an official certifying agency confirming that all of the seed named as to variety is of pedigreed status; or
(c) the seed is of a vegetable-type variety.
(4) Seed of a kind set out in Schedule II may be sold by variety name for the purpose of conditioning if the seed is of pedigreed status and
(a) if the seed is not in fastened packages, the seed is accompanied by the grower’s declaration referred to in paragraph 13(1)(c) and the seed moves
(b) if the seed is in fastened packages, a pedigreed status tag is attached to each package.
(5) Seed loses its pedigreed status when
(a) sealed packages are opened elsewhere than in an approved conditioner registered under Part IV;
(b) the seed moves in unsealed packages to a place that is neither an approved conditioner nor a bulk storage facility registered under Part IV;
(c) the Association withdraws the crop certificate that was issued for the crop from which the seed is derived; or
(d) the seed has been contaminated such that it does not meet the standards for varietal purity established by the Association.
- SOR/79-367, s. 2
- SOR/82-437, s. 2
- SOR/86-850, s. 5(F)
- SOR/88-242, s. 2
- SOR/89-368, s. 4(F)
- SOR/96-252, s. 2
- SOR/2003-6, s. 103
- Date modified: