Vol. 143, No. 13 — June 24, 2009

Registration

SOR/2009-161 June 4, 2009

SEEDS ACT

Order Amending the Weed Seeds Order, 2005

The Minister of Agriculture and Agri-Food, pursuant to subsection 4(2) (see footnote a) of the Seeds Act (see footnote b) , hereby makes the annexed Order Amending the Weed Seeds Order, 2005.

Ottawa, June 1, 2009

GERRY RITZ
Minister of Agriculture and Agri-Food

ORDER AMENDING THE WEED SEEDS ORDER, 2005

AMENDMENTS

1. Item 19 of Class 1 of the schedule to the Weed Seeds Order, 2005 (see footnote 1) is repealed.

2. Class 2 of the schedule to the Order is amended by adding the following after item 13:

Item	Column 1 Latin Name	Column 2 Common Name
13.1	Setaria faberi R. A. W. Herrm.	Giant foxtail

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT
ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue and objectives

Giant foxtail (Setaria faberi), a weed, is now too widely distributed to meet the criteria of a Class 1 Prohibited Noxious weed species and should be reclassified as a Class 2 Primary Noxious weed species in the Weed Seeds Order.

Informal surveys, pedigreed field crop inspections, and provincial agriculture sources indicate Giant foxtail is now present in most of the corn and soybean production areas of Ontario and Quebec. The Weed Seeds Order made under the Seeds Act classifies weedy species based on their potential to cause economic or environmental harm. Species are added, removed, or reclassified within the Weed Seeds Order over time as plant distributions change.

The Canadian Food Inspection Agency (CFIA) has already provided significant opportunity for consultations. Therefore, the reclassification of Giant foxtail from Class 1 to Class 2 is proceeding directly to the Canada Gazette, Part II, as a Ministerial Order.

Description and rationale

The Seeds Regulations (the Regulations) govern the testing, inspection, quality and sale of seed to facilitate the availability of pure, effective seed for Canadian consumers and export markets. The Weed Seeds Order is a Ministerial order made under the Seeds Act.

Giant foxtail is an annual grass in the tribe Paniceae, of the family Poaceae (grass family) with the potential to produce over 10 000 seeds per plant. It is native to eastern Asia and has spread widely throughout the North American corn belt after being accidentally introduced from China in the 1920s. It is one of the most important weeds of the American corn belt and the subject of intensive research.

Giant foxtail grows in disturbed areas, including roadsides, waste ground and cultivated fields. As it is an annual, it does well in crop fields. It is a major pest in Glycine max (soybean), Medicago sativa (alfalfa), Solanum tuberosum (potato), Zea mays (corn) and a minor weed in Helianthus annuus (sunflower), Lycopersicon esculentum (tomato), Prunus persica (peach) and Vitis vinifera (grapevine).

Giant foxtail is currently classified as a Class 1 Prohibited Noxious weed species. The 2005 Weed Seeds Order amendment defined Class 1 Prohibited Noxious as weed species that have the potential to be serious weeds in at least a part of Canada, are not native, are not present in Canada or if present, have not reached the limits of their ecological range, and are difficult to eradicate or control by any means once established. No seeds of the species listed in Class 1 are permitted in any seed imported into or sold in Canada.

In the summer of 2007, this species was reported in 25% of Quebec and 3% of Ontario pedigreed seed crop production fields. It has also been detected in exported grain.

Class 2 species are only permitted at low levels in the lowest grades of seed; therefore, their spread via seed is restricted. They have the potential to be serious weeds in at least a part of Canada, are either native to Canada or have reached the limits of their ecological range, and would be difficult to eradicate or control by good cultural practices once established in cultivated fields.

Amending the classification of Giant foxtail from Class 1 to Class 2 will align Canadian policy more closely with its obligations under the International Plant Protection Convention.

Consultation

CFIA has provided opportunities for both the public and stakeholders to provide comments and suggestions regarding the proposed amendment.

Between April 18 and May 30, 2008, CFIA consulted with a core group of subject-matter experts to hear their concerns regarding the proposed reclassification of Giant foxtail. Subsequently, CFIA solicited comments regarding the proposed amendment between July 4 and August 15, 2008, via CFIA’s Web site.

On October 29, 2008, at a workshop hosted by the Canadian Seed Institute, CFIA officials discussed possible amendments to the Weed Seeds Order, including the proposal to reclassify Giant foxtail. All major stakeholder groups were represented at this workshop, including the Canadian Seed Growers’ Association, Canadian Seed Institute, Canadian Seed Trade Association, provincial governments, Canadian Weed Science Society and seed analysts.

In addition, CFIA officials made presentations to the Canadian Weed Science Society (November 27, 2008) and at the Ontario Certified Crop Advisors’ annual meeting (January 15, 2009) regarding the Weed Seeds Order and the proposal to reclassify Giant foxtail.

At all meetings, CFIA officials were available to answer and address any concerns regarding the proposal to reclassify Giant foxtail from Class 1 to Class 2. Officials explained that this reclassification of the species from a higher level to a lower level reflects the current distribution of Giant foxtail and it will have negligible effects on stakeholders, industry and the environment.

There has been considerable opportunity for stakeholders to pose questions and raise issues related to this change.

Supporting comments

Overall, a large majority of researchers, weed specialists and growers are supportive of CFIA’s decision to proceed with the proposed reclassification.

Proponents of the reclassification have stated that Giant foxtail is too widely distributed and is problematic if it remains as a Class 1 species. Agriculture and Agri-Food Canada (AAFC) weed researchers, Ontario and Quebec seed growers’ associations, Ontario and Quebec provincial weed specialists, and one Saskatchewan seed grower have written to the CFIA to express support for the proposed reclassification.

Non-Supporting comments

CFIA did receive comments that are not supportive of the proposed reclassification.

A provincial weed specialist in Saskatchewan disagrees with this reclassification as the species is not known to occur in Saskatchewan; therefore, a Class 1 designation is still appropriate in that province.

An Ontario seed grower disagrees with this reclassification, stating that the seed growers’ quality reputation would be jeopardized if Giant foxtail were reclassified.

CFIA has responded to all comments received, pointing out that Giant foxtail will still remain in the Weed Seeds Order, albeit as a Class 2, Primary Noxious weed species. Enforcement efforts to manage the weed will continue.

One additional response was received concerning the ability of seed and awns of Giant foxtail to become embedded in the skin or soft tissue of pets and livestock. This concern is partially addressed by the proposed Class 2 listing for Giant foxtail. The Class 2 listing recognizes the negative consequences of further spread of the species and attempts to curtail its dispersal via seed. This concern relates to many grass species, not only Giant foxtail.

Implementation, enforcement and service standards

Weeds are classified according to the seriousness of the effects that they may have in agricultural production systems if found in seed. Amendments are necessary to address any new weed problems and to reclassify weeds accordingly.

There will be no need to change current compliance and enforcement strategies as a result of this Order.

Contact

Anita Gilmer
Seed Section
Canadian Food Inspection Agency
Telephone: 613-221-7547
Email: anita.gilmer@inspection.gc.ca

Footnote a
R.S., c. 49 (1st Suppl.), s. 4(4)

Footnote b
R.S., c. S-8

Footnote 1
SOR/2005-220

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).