5 (1) Seed approved by the Association as breeder seed or select seed is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be sold in Canada without conforming to the requirements set out in section 6, 9, 16, 18, 19 and 23 to 31.
(2) Seed that is labelled for export is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be exported from Canada without conforming to the requirements set out in sections 6, 7, 9, 10, 16, 18, 19, 21 and 23 to 31.
(3) Seed that is imported into, or sold in, Canada for the purpose of conditioning, that is accompanied by a label or other documentation that shows that the seed is ungraded and is being imported or sold only for that purpose is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be imported into or sold in Canada without conforming to the standards set out in sections 6 and 23 to 31.
(4) Seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act in so far as it may be sold or advertised for sale without being registered if
(a) the seed is of pedigreed status;
(b) the seed is labelled in accordance with section 35;
(c) the seed is to be sold
(i) for the production of pedigreed seed, or
(ii) where the variety is entered in variety registration trials, for the production of material for evaluation of its suitability for processing;
(d) the seed is sold pursuant to a contract that specifies that in the case of
(i) seed sold for the production of pedigreed seed, all of the progeny will be delivered to a destination specified in the contract, or
(ii) varieties that are entered into variety registration trials, all of the progeny will be delivered to an industrial mill or plant for the sole purpose of evaluating the variety for its suitability for processing; and
(e) all of the progeny of the seed is delivered to the destination specified in the contract referred to in paragraph (d).
(5) Seeds of vegetables, roots and herbs are exempt from the operation of paragraph 3(1)(a) of the Act in so far as they may be sold without a grade name and without conforming with the standards for minimum per cent germination referred to in section 6 if they are labelled pursuant to section 30.
(6) Seed of a kind or species set out in Schedule I that is imported for research purposes is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be imported into Canada without conforming with the standards for minimum per cent germination set out in that Schedule.
(7) Flower seed is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be imported into Canada without conforming with the seed analysis certificate requirement referred to in subsection 40(2).
- SOR/96-252, s. 2
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