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Vol. 136, No. 13 — March 30, 2002
Regulations Amending the Seeds Regulations
Statutory Authority
Seeds Act
Sponsoring Agency
Canadian Food Inspection Agency
REGULATORY IMPACT ANALYSIS STATEMENT
Description
The purpose of the Seeds Act and Regulations is to create the legal framework for the testing, inspection, quality and sale of seeds, including seed potatoes.
Part II of the Seeds Regulations (the Regulations) provides the regulatory framework that governs seed potatoes by setting out the standards and parameters of the Seed Potato Certification Program. Seed potato certification ensures that potato propagative materials meet prescribed requirements for pest freedom and varietal purity. The Certification Program is the focus of the present amendment.
The production system of the seed potato industry has seen significant changes both in technological advances (laboratory diagnostic analysis and tissue culture micro-propagation) and cultural management techniques. However, Part II of the Seeds Regulations has not been amended to reflect these changes. The intention of these amendments therefore is to modernize and streamline many of the provisions of Part II.
These amendments address the following issues in Part II of the Seeds Regulations:
Disease Tolerance Levels
Several classes of seed potato share the same disease tolerance levels. These amendments propose a move toward a graduated scale of disease tolerances in the standard according to the class of seed potato. This graduated scale is consistent with biological principles and international standards and will allow Canadian growers to market seeds at a higher class, while still being competitive with international seed potato growers in the same market.
Varietal Purity Standards
The objective of these amendments is to allow a gradual tolerance for other varieties in each of the field generations. The existing Regulations do not have a gradual approach to varietal impurities, in fact a varietal mix on final inspection was allowed only in Foundation and Certified class of seed potatoes. The proposed Regulations would allow for a minimal varietal mix at the Elite III class, which is the accepted class of commerce. These amendments would allow high class seed to retain the zero tolerance level on final inspection, but provide the opportunity for remedial measures when a level of mixing (impurity) is significantly low. This reduces the financial hardship on growers when a foreign plant is found on final inspection.
Seed Potato Certification Application Deadline
The application deadlines currently in the Regulations are frequently missed by growers and, therefore, are unsuitable based on several factors. Many growers have difficulty submitting in writing, the reasons why the application deadline could not be met, because the reasons are frequently beyond the growers' control. Environmental factors that could delay planting and cause the grower to miss the application deadline are the ground temperature being too cold or the ground being too wet. These factors result from conditions such as flooding, snow, heavy rainfall and late spring conditions. The modification of the application date will standardize the program across Canada and not impede inspection staff from reviewing and approving applications and conducting the first field inspection in a timely manner.
Tuber Uniting
The activity of tuber uniting is an extremely slow process which involves the use of specific and expensive equipment, such as a "tuber unit planter." This procedure involves the cutting and sequential planting of each tuber portion as it is cut, either by hand or with very specialized equipment. This process is very labour intensive and severely restricts the amount of acreage which can be planted and grown by seed producers, thereby contributing to a significantly higher cost of production. Moreover, this requirement is no longer necessary due to several advances in technology and propagation techniques. It is considered a management tool to be used at the discretion of the grower. The certification system is favouring a resultsoriented program in contrast to a management-styled program.
Land Use Requirements (Crop Rotation)
The seed potato industry contends that the requirement to produce Elite I and Elite II classes of seed potatoes on land that has been free of potatoes for the previous two years and one year respectively places a burden on the grower by limiting the production of a seed farm. The elimination of the land use requirement does not compromise the integrity of the Certification Program as the standards applied to the field and crop ensure demonstrable quality in the marketplace and has no negative environmental impact on the productivity of the land base.
Post Harvest Testing of Elite I Class of Seed Potatoes
The requirement for growers to submit a crop sample for winter testing is present only to allow mass planting of the seed to produce Elite II. The removal of tuber unit planting makes this requirement redundant. Removal of this requirement would reduce the cost to the grower and place more flexibility in management techniques.
Refusal to Inspect a Crop
Several conditions exist that justify refusal to inspect a crop; however, a change is required where planting restrictions hinder some small growers who have small fields planted to meet niche (market garden) markets. The Regulations presently define that a field must be 0.01 ha in size in order to be inspected, however seed producers have sales for novelty varieties that do not meet the minimum field size requirement. The result is that consumer demand for the seed of a novelty variety is not satisfied. This phenomenon is very common for those varieties which are not commercially significant.
60-metre Rule
Removal of this requirement will allow growers better utilization of land base for the production of seed potatoes without repercussions due to adjacent growers' management of adjacent fields. Each grower understands what management tools are available to them to achieve the desired results. The proposed Regulations are positioning the program to be more results-oriented.
Breeder's Selection
With the introduction of the Plant Breeders' Rights Act in 1990, many growers have requested the ability to breed new cultivars, however the Regulations do not allow this practice to occur. Private breeding of new cultivars is becoming more prominent for the establishment of new varieties and the Regulations should be amended to reflect this situation and allow for evaluation of prospective varieties under common production systems.
Farm Disease History and Lot Disease Status
International certification agencies require additional certification information of imported seed potatoes for assessing class equivalency. This amendment strengthens the authority to require this information.
PVYn Testing of Elite I Class of Seed Potatoes
Presently, all fields that are Pre-Elite (Generation 2) planted are required to be leaf-tested and found negative for PVYn. However, the Canada-United States PVYn Management Plan has been recently amended to require only a percentage of (10 percent) Pre-Elite fields to be tested. Canada will still meet the terms of the management plan but will not be required to test each lot produced within the system. To date no positive finds of the virus have ever been detected; therefore, the test is deemed expensive and unnecessary by both industry and the Agency.
Bulk Movement Certificates and Tags
The amendments to these provisions allow the Agency to have more flexibility in information requirements for official tags and bulk movement certificates to meet market requirements. The names of these documents have also been changed to reflect more accurately their purpose.
General Housekeeping Amendments
Other amendments to the Regulations concern administrative or housekeeping amendments.
Alternatives
Option 1: Deregulate
Deregulation would have a negative effect on trade. All countries who market seed potatoes internationally are regulated. If deregulation was allowed to occur, Canada would effectively have no method to market seed potatoes in international markets. Furthermore, the annual revenue attributed to seed potato exports in Canada would be lost. Domestic trade in seed potatoes will result in a loss in quality, a greater incidence of disease and a reduction, in general, of potato production revenues.
Option 2: Status Quo
Under this option, the need to modernize the Regulations would not be addressed and the Regulations would therefore continue to be inconsistent with technological advances. Moreover, the Agency would be lagging behind in its international commitments and the seed potato industry, which has requested these amendments, would be dissatisfied. Gross export revenues would be expected to decrease over time due to competing countries who continually modernize their certification standards to become more competitive in the international marketplace. Producers would continue to incur costs associated for the post-harvest testing of Elite I class of seed potatoes. Producers would incur unnecessary costs of production and sales for those lots which are reduced in class due to variety and purity standards currently in place.
Option 3: Amend Part II of the Seeds Regulations — Preferred Option
This is the preferred option as it will be non-intrusive, be beneficial to the seed potato industry and will have binding legal authority. These amendments will modernize Part II of the Seeds Regulations and ensure that Canada's requirements for seed potatoes are consistent with our international partners. The proposed amendments will offer widespread benefits to both growers and to the Agency. As outlined above, growers and the Agency will not only see savings in time but also savings in resources.
Benefits and Costs
Costs
The preferred option is neither a major nor a significant regulatory initiative. These amendments do not introduce any new costs to the grower or to the Agency and, in some cases, costs both to producers and to the Agency will be reduced. These amendments do not impose any additional regulatory burden on growers. In fact, the amendments lessen regulatory burden by reducing the administrative requirements placed on the seed potato industry. For example, removal of tuber-uniting and land use restrictions will enable the producer to realize savings in farm input costs associated with the specific process involving a tuber unit planter.
Benefits
Cost Reductions for Producers
With the removal of the tuber uniting requirement and land use restrictions, producers will benefit from increased operational efficiencies on their farming operation. Less farming input costs would be required to maintain current farming operation size. Farm expansion may be possible due to the removal of land use restrictions; this would equate to greater marketing potentials.
The removal of post-harvest testing to mass plant Elite I seed potatoes will benefit the grower by removing the cost associated with testing and by increasing efficiency due to labour and time restrictions.
In allowing a gradual approach for disease and varietal mixtures between classes, the producer is able to receive fair market value for a class of seed potatoes that would otherwise have been demoted to a lower class.
Cost Reductions for the Agency
Reduced time required and therefore reduced resource requirements to ascertain whether tuber unit plantings were followed at the time of application and during field inspections.
Allowing a gradual approach for disease and varietal mixtures between classes will create time efficiencies due to a reduction of re-inspections or visits to a producer in order to address difficult situations.
Changing the application deadline will result in applications being completed properly and therefore less resources would be required to correct incomplete applications.
Reduced testing for PVYn will decrease costs within the Agency.
Consultation
Three years of consultation and consensus building between the Agency and the seed potato industry have resulted in the drafting of this regulatory initiative. The following meetings were conducted with industry stakeholders at which times these amendments were discussed:
— National Potato Consultative Committee Meeting, Halifax, October 1998;
— Canadian Horticultural Council Seed Potato Sub-Committee Meeting, Banff, November 1999;
— Canadian Horticultural Council Seed Potato Sub-Committee Meeting, Quebec City, June 2000;
— Canadian Horticultural Council Seed Potato Sub-Committee Meeting, Las Vegas, December 2000; and
— Canadian Horticultural Council Seed Potato Sub-Committee Meeting, Fredericton, March 2001.
The membership of these committees comprises private individuals associated with a potato association who have industry representation, as well as individual growers selected to represent the interest of the group. Committee representatives distribute the information to their respective members who then advise the representative on how to proceed on a given issue.
All committee members have recommended and support the proposed amendments.
Because these amendments will have widespread impact on potato growers from across the country, it was felt that a series of national meetings with a high rate of participation from stakeholders was necessary. Stakeholders were directly requested to review the proposed amendments with their constituents, including provincial representatives, and provide feedback at the next meeting. Many conference calls were held with stakeholders to continue the consultation process and to address specific issues. Agency regional representatives were also charged with the responsibility of distributing information to their local clientele. Details were reviewed, amendments suggested and consensus sought in forming a national position.
Compliance and Enforcement
The Agency will continue to inspect at the levels proposed by these amendments and by the Regulations.
The implementation of these amendments will require less time commitment from inspectors because the clauses for tuber uniting and post-harvest testing of Elite 1 seed potatoes will be eliminated.
Contact
Mr. Robert Carberry, Executive Director, Plant Products Directorate, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9, (6l3) 225-2342, extension 4751 (Telephone), (613) 228-6606 (Facsimile).
PROPOSED REGULATORY TEXT
Notice is hereby given that the Governor in Council, pursuant to subsection 4(1) (see footnote a) of the Seeds Act, proposes to make the annexed Regulations Amending the Seeds Regulations.
Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Robert Carberry, Executive Director, Plant Products Directorate, Canadian Food Inspection Agency, 59 Camelot Drive, Nepean, Ontario K1A 0Y9. Telephone: (6l3) 225-2342 (4751); Fax: (613) 228-6606.
Ottawa, March 21, 2002
EILEEN BOYD
Assistant Clerk of the Privy Council
REGULATIONS AMENDING THE SEEDS REGULATIONS
AMENDMENTS
1. (1) The definitions "generation" and "table stock potato" in section 45 of the Seeds Regulations (see footnote 1) are repealed.
(2) The definitions "certificate number", "crop", "farm unit", "field", "grower", "laboratory tests", "lot", "non-certified potatoes" and "seed potato" in section 45 of the Regulations are replaced by the following:
"certificate number" means the number that appears on a crop certificate to identify a crop and that appears on a seed potato tag, a record of bulk movement, a permit issued under section 57, or a special certificate of authorization issued under section 61, to identify the tubers produced by that crop; (numéro de certificat)
"crop" means Breeder's Selection seed potatoes, or a variety and class of seed potatoes, growing in an aseptic environment, a protected environment or in one or more fields of a farm unit; (culture)
"farm unit" means
(a) a single tract of land operated for the production and marketing of seed potatoes under the control of a grower, or
(b) a number of separate tracts of land operated as a single unit, with the use of common equipment, facilities or storage, for the production and marketing of seed potatoes under the control of the same grower; (unité de production)
"field" means the identifiable area of land on which Breeder's Selection seed potatoes, or seed potatoes of a particular variety and class, are planted or have been produced; (champ)
"grower" means an individual, a cooperative, a corporation or a partnership that grows seed potatoes; (producteur)
"laboratory tests" means tests that are conducted in a laboratory that is accredited under the Agency Laboratory Accreditation Program or in a laboratory that can reasonably be considered to be equivalent to a laboratory accredited under that program; (essais en laboratoire)
"lot" means the quantity of harvested seed potatoes of a variety and class that is identifiable by one certificate number or the quantity of Breeder's Selection seed potatoes that are identifiable by one certificate number; (lot)
"non-certified potatoes" means
(a) potatoes that do not meet the standards for any of the classes established in section 47 or the standards established for Breeder's Selection seed potatoes in section 61.1, or
(b) seed potatoes that have been transported without seed potato tags, a record of bulk movement, a permit issued under section 57 or a special certificate of authorization issued under section 61; (pommes de terre non certifiées)
"seed potato" means a tuber, or any part of a tuber, that is certified under these Regulations for seed-reproduction purposes; (pomme de terre de semence)
(3) Section 45 of the Regulations is amended by adding the following in alphabetical order:
"Breeder's Selection seed potatoes" means seed potatoes that are direct progeny of true seed, or of selected tubers, and that are grown for the purpose of evaluation as a potential variety for commercial use; (pommes de terre de semences Choix du sélectionneur)
"record of bulk movement" means a record provided to a grower under subsection 56(1); (dossier de transport en vrac)
"seed potato tag" means a tag provided to a grower under subsection 53(1); (étiquette de pommes de terre de semence)
2. The Regulations are amended by adding the following after section 47.1:
Method of Inspection
47.101 The inspection of seed potatoes shall be made either visually or through laboratory tests or both.
3. Sections 47.11 to 47.8 of the Regulations are replaced by the following:
47.11 (1) Nuclear Stock seed potatoes shall be
(a) produced from potato tissue culture material that has been tested and found free of bacterial ring rot, PSTV and viruses;
(b) laboratory tested within 12 months before the completion of the multiplication process and found free of bacterial ring rot, PSTV and viruses;
(c) produced in an aseptic or protected environment;
(d) visibly free from varietal mixtures;
(e) free from pathogenic bacteria or viruses, saprophytic contamination or other symptoms of diseases that could affect the quality of the material; and
(f) if produced in a protected environment,
(i) inspected by an inspector at least once during the growing period,
and
(ii) grown in a medium that has not been previously used.
(2) Subject to paragraph 6(1)(d) of the Act, an inspector may ask a grower to provide records that contain the following information:
(a) the origin of each variety;
(b) the testing history of each variety;
(c) the pedigree of each variety; and
(d) evidence that subparagraph (1)(f)(ii) has been complied with.
(3) Any material that is being produced as Nuclear Stock seed potatoes shall be removed without delay from an aseptic or protected environment if it tests positive for pathogenic bacterial or viral organisms or manifests signs or symptoms of saprophytic contamination.
(4) No person shall sell or transfer all the rights of ownership of Nuclear Stock seed potatoes unless he or she possesses a seed potato tag or inspector's certificate that indicates that the seed potatoes are Nuclear Stock seed potatoes.
Pre-Elite
47.2 (1) Pre-Elite seed potatoes shall be
(a) produced from Nuclear Stock seed potatoes, from cuttings or plants that were produced in a protected environment or from tubers or selected clones, that were determined by laboratory tests to be free from any disease that could affect the quality of the seed;
(b) produced in a field where potatoes were not planted for the previous two years; and
(c) inspected by an inspector at least two times during the growing season.
(2) Pre-Elite seed potatoes shall be given the status of field generation 1 if the crop is produced in the field for the first time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
PRE-ELITE
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 0 | 0 |
| 4. | Total of blackleg and wilts |
0 | 0 |
| 5. | Varietal mixtures | 0.1 | 0 |
Elite I
47.3 (1) Elite I seed potatoes shall be
(a) produced from Nuclear Stock or Pre-Elite seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Elite I seed potatoes shall be given the status of field generation 2 if the crop is produced in the field for the second time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
ELITE I
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 0.1 | 0 |
| 4. | Total of blackleg and wilts | 0.1 | 0.1 |
| 5. | Varietal mixtures | 0.1 | 0 |
Elite II
47.4 (1) Elite II seed potatoes shall be
(a) produced from Elite I or a higher class of seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Elite II seed potatoes shall be given the status of field generation 3 if the crop is produced in the field for the third time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
ELITE II
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 0.2 | 0.1 |
| 4. | Total of blackleg and wilts | 0.2 | 0.2 |
| 5. | Varietal mixtures | 0.1 | 0 |
Elite III
47.5 (1) Elite III seed potatoes shall be
(a) produced from Elite II or a higher class of seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Elite III seed potatoes shall be given the status of field generation 4 if the crop is produced in the field for the fourth time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
ELITE III
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 0.3 | 0.2 |
| 4. | Total of blackleg and wilts | 0.3 | 0.3 |
| 5. | Varietal mixtures | 0.2 | 0.05 |
Elite IV
47.6 (1) Elite IV seed potatoes shall be
(a) produced from Elite III or a higher class of seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Elite IV seed potatoes shall be given the status of field generation 5 if the crop is produced in the field for the fifth time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
ELITE IV
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 0.6 | 0.3 |
| 4. | Total of blackleg and wilts | 0.5 | 0.5 |
| 5. | Varietal mixtures | 0.2 | 0.1 |
Foundation
47.7 (1) Foundation seed potatoes shall be
(a) produced from Elite IV or a higher class of seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Foundation seed potatoes shall be given the status of field generation 6 if the crop is produced in the field for the sixth time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
FOUNDATION
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 1 | 0.5 |
| 4. | Total of blackleg and wilts | 1 | 1 |
| 5. | Varietal mixtures | 0.4 | 0.2 |
Certified
47.8 (1) Certified seed potatoes shall be
(a) produced from Foundation or a higher class of seed potatoes; and
(b) inspected by an inspector at least two times during the growing season.
(2) Certified seed potatoes shall be given the status of field generation 7 if the crop is produced in the field for the seventh time.
(3) The percentage of plants showing visible varietal mixture or visible symptoms of disease set out in column 1 of an item of the table to this section on the first inspection, any subsequent inspection and the final inspection shall not exceed the applicable percentages set out in columns 2 and 3 of that item.
TABLE
CERTIFIED
Item |
Column 1 Disease or Varietal Mixture |
Column 2 Percentage on First or any Subsequent Inspection |
Column 3 Percentage on Final Inspection |
|---|---|---|---|
| 1. | PSTV | 0 | 0 |
| 2. | Bacterial ring rot | 0 | 0 |
| 3. | Total of all viruses | 3 | 2 |
| 4. | Total of blackleg and wilts | 3 | 2 |
| 5. | Varietal mixtures | 1 | 0.5 |
Tuber Grade Sizes
48. (1) All documentation for any quantity of graded seed potatoes, whether in containers or in bulk, shall specify, in millimetres, the minimum and maximum size of the graded tubers.
(2) Subject to subsection (3), that specification of minimum and maximum size shall be in accordance with the following:
(a) the minimum size shall not be less than 30 mm; and
(b) the maximum size shall not be greater than 70 mm for long type varieties or 80 mm for round type varieties.
(3) If a grower or supplier of graded seed potatoes has an agreement with a purchaser for the purchase of graded seed potatoes from the grower or supplier,
(a) the agreement shall state the quantity of graded seed potatoes to be purchased as well as their minimum and maximum sizes, which may be different from the minimum and maximum sizes set out in subsection (2); and
(b) the minimum and maximum sizes stated in the agreement may be used on all seed potato tags and records of bulk movement to denote the size for the graded seed potatoes.
(4) Any quantity of seed potatoes supplied under the agreement shall be sorted and graded by the grower or supplier, and at least 95% of the tubers by weight must be within the minimum and maximum sizes set out in subsection (3).
(5) Nuclear Stock seed potatoes and Breeder's Selection seed potatoes are exempt from the requirements in subsection (1).
4. Subsections 48.1(5) and (6) of the Regulations are replaced by the following:
(6) The percentage of tubers found in a lot of any class that is of a variety other than the variety of which the lot generally consists shall not exceed the percentage permitted by sections 47.11 to 47.8 for that class.
5. Section 49 of the Regulations is replaced by the following:
49. (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.
6. Section 50 of the Regulations is replaced by the following:
50. (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.
7. Section 51 of the Regulations is replaced by the following:
51. (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.
8. (1) Subsection 52(1) of the Regulations is replaced by the following:
52. (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) Paragraph 52(6)(b) of the Regulations is replaced by the following:
(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.
(3) Section 52 of the Regulations is amended by adding the following after subsection (7):
(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.
9. (1) Subsection 52.1(1) of the Regulations is replaced by the following:
52.1 (1) A grower shall store each lot in a manner that prevents varietal mixture and mixture with non-certified potatoes.
(2) Subsection 52.1(4) of the Regulations is replaced by the following:
(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.
10. (1) Section 53 of the Regulations and the heading before it are replaced by the following:
Seed Potato Tags
53. (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 un 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.
11. (1) Subsections 54(2) and (3) of the Regulations are replaced by the following:
(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.
(2) Section 54 of the Regulations is amended by adding the following after subsection (4):
(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.
12. (1) The portion of subsection 55(1) of the Regulations before paragraph (a) is replaced by the following:
55. (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
(2) Subparagraph 55(1)(b)(ii) of the Regulations is replaced by the following:
(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
(3) Paragraph 55(1)(c) of the Regulations is replaced by the following:
(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.
13. The heading before section 56 of the Regulations is replaced by the following:
Record of Bulk Movement
14. (1) Subsections 56(1) to (5) of the Regulations are replaced by the following:
56. (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.
(2) Subsection 56(9) of the Regulations is replaced by the following:
(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.
15. Subsection 58(5) of the Regulations is replaced by the following:
(5) Cut-seed pieces may be transported in bulk if they are accompanied by a record of bulk movement.
16. (1) Subsection 59(1) of the Regulations is replaced by the following:
59. (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) Paragraph 59(2)(a) of the Regulations is replaced by the following:
(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;
(3) Subsection 59(3) of the Regulations is replaced by the following:
(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.
17. Subsection 60.1(4) of the Regulations is replaced by the following:
(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.
18. The heading before section 61 of the Regulations is replaced by the following:
Shipment of Breeder's Selection Seed Potatoes or Non-Registered Varieties
19. Subsection 61(1) of the Regulations is replaced by the following:
61. (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.
20. The Regulations are amended by adding the following after section 61:
Breeder's Selection
61.1 (1) Certification of Breeder's Selection seed potatoes on a farm unit shall comply with all of the following conditions:
(a) the parental material has been tested and not found positive for potato spindle tuber viroid;
(b) a sample of the lot or growing crop has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;
(c) the application for inspection has been completed in accordance with section 49;
(d) all fees have been paid in accordance with section 62;
(e) the Breeder's Selection seed potatoes are not grown within 10 m of any class of seed potatoes;
(f) the Breeder's Selection seed potatoes are inspected at least twice during the growing season; and
(g) the Breeder's Selection seed potatoes have met the standards set out in subsection 47.7(3) for Foundation seed potatoes.
(2) The movement of Breeder's Selection seed potatoes shall be in containers of 20 kg or less and are otherwise subject to the requirements set out in subsection 54(1).
21. Section 62 of the Regulations is replaced by the following:
62. (1) The fee that a grower shall pay for an inspection under this Part is the applicable fee provided for in the Canadian Food Inspection Agency Fees Notice.
(2) The fee shall be submitted with the form referred to in subsection 49(1).
(3) No portion of a fee referred to in subsection (1) is refundable after an inspector has begun an inspectionof a crop in respect of which the fee was paid.
(4) A crop certificate will not be issued for any fields under cultivation by that grower until all applicable fees have been paid.
COMING INTO FORCE
22. These Regulations come into force on the day on which they are registered.
[13-1-o]
S.C. 2001, c. 4, s. 117
C.R.C., c. 1400
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