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Seeds Regulations

Version of section 10 from 2015-02-27 to 2024-03-06:

  •  (1) No person shall, unless the seed is of that variety,

    • (a) use or allow to be used the variety name on any label or package of seed or in any invoice, circular or advertising related to seed; or

    • (b) otherwise represent any seed to be of a specified variety.

  • (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

      • (i) directly from the grower of the seed to an approved conditioner registered under Part IV, or

      • (ii) between approved conditioners registered under Part IV; or

    • (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
  • SOR/2015-55, s. 11(F)

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