Seeds Regulations (C.R.C., c. 1400)

Services, Rights, Privileges and Use of Facilities

2.1 No service, right, privilege or use of a facility under these Regulations shall be provided or granted to a person who requests it unless the person includes the applicable fee set out in the Canadian Food Inspection Agency Fees Notice with the application or request or has agreed in writing to pay the fee on receipt of an invoice from the Agency.

PART ISeeds other than Seed Potatoes

Interpretation

3 In this Part, Registrar means the person designated by the President to accredit graders or license samplers.

Application

4 This Part does not apply in respect of seed potatoes.

Exemptions

• 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, subsection 20(5) and sections 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 percentage of germination under section 6 if they are labelled in accordance with 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 percentage of germination set out in that Schedule.

• (7) [Repealed, SOR/2007-223, s. 3]

Standards

• 6 (1) Subject to subsection (3), the standards for seed of the kinds and species set out in Schedule I and the grade names therefor are as set out in that Schedule.

• (2) Seed of a kind or species not set out in Schedule I shall meet the minimum weed seed and other crop seed standards set out in the following Tables of Schedule I:

  • (a) for any kind or species with 15 or fewer seeds per gram, Table V;

  • (b) for any kind or species with 16 to 50 seeds per gram, Table II;

  • (c) for any kind or species with 51 to 250 seeds per gram, Table IV;

  • (d) for any kind or species with 251 to 600 seeds per gram, Table VIII;

  • (e) for any kind or species with 601 to 1,500 seeds per gram, Table IX;

  • (f) for any kind or species of grass with 1,500 or fewer seeds per gram, Table XI;

  • (g) for any kind or species of grass with 1,501 seeds or more per gram, Table XII;

  • (h) for any seed or mixture of seeds for land reclamation, soil conservation, green cover, wildlife grazing or habitat, wetland restoration and similar purposes, Table XIII;

  • (i) for herbs and vegetables, Table XX, unless they have 1,000 or more seeds per gram, in which case Table XII shall be used; and

  • (j) wildflower mixtures and similar products intended for landscape gardening use, Table XV.

• (3) Barley seed that has been treated with a product registered as a control product under the Pest Control Products Act for the control of true loose smut (Ustilago nuda) is exempt from the standards for true loose smut set out in column 9 of Table II to Schedule I.

• (4) Seed referred to in subsection (2) shall not be considered a weed seed for the purpose of that subsection.

• 7 (1) In addition to the standards prescribed by section 6, the following standards apply to seed:

  • (a) the seed shall not contain prohibited noxious weed seeds;

  • (a.1) the seed shall have been subject to appropriate mixing, blending and processing techniques so that it is as uniform as practicable;

  • (b) if graded with the name of one of the Canada Foundation grades, the seed shall be of foundation status and, if two or more seed lots of the same variety are mixed, a new crop certificate is required to be issued by the Association if the seed meets the standards established by the Association;

  • (c) if graded with the name of one of the Canada Registered grades, the seed shall be of foundation status or registered status and, if two or more seed lots of the same variety are mixed, a new crop certificate is required to be issued by the Association if the seed meets the standards established by the Association;

  • (d) if graded with the name of one of the Canada Certified grades, the seed shall be of foundation status, registered status or certified status and, if two or more seed lots of the same variety are mixed, the Agency shall be so informed;

  • (e) if graded with the name of one of the varietal blend grades, all of the seed shall be of pedigreed status;

  • (f) a Canada Certified No. 1 Forage Mixture or a Canada Certified No. 2 Forage Mixture may contain more than one variety of a kind or species;

  • (g) every Canada Certified No. 1 Cereal Mixture and Canada Certified No. 2 Cereal Mixture shall contain only seed of pedigreed status and only one variety per kind or species; and

  • (h) a Canada Certified No. 1 Lawn Mixture or a Canada Certified No. 2 Lawn Mixture may contain more than one variety of a kind or species.

• (1.1) Despite Table I to Schedule I, Canada Foundation No. 2 seed and Canada Registered No. 2 seed may contain one secondary noxious weed seed per 10 kg.

• (1.2) Despite Table I to Schedule I, Canada Certified No. 2 seed may contain one secondary noxious weed seed per 2 kg.

• (1.3) Despite Table II to Schedule I, Canada Foundation No. 2 oats and Canada Registered No. 2 oats may contain one secondary noxious weed seed per 10 kg.

• (1.4) Despite Table II to Schedule I, Canada Certified No. 1 oats may contain one secondary noxious weed seed per 2 kg.

• (1.5) Despite Table II to Schedule I, Canada Foundation No. 2 seed other than oats, Canada Registered No. 2 seed other than oats and Canada Certified No. 1 seed other than oats may contain one secondary noxious weed seed per 5 kg.

• (1.6) Despite Table III to Schedule I, Canada Certified No. 1 Cereal Mixture seed may contain one secondary noxious weed seed per 5 kg.

• (2) In addition to meeting the standards set out in Tables I to III to Schedule I, seed to which those Tables apply shall be free from tartarian buckwheat in Manitoba, Saskatchewan, Alberta and British Columbia.

• (3) In addition to meeting the standards set out in Tables I to III to Schedule I, seed to which those Tables apply shall be free from wild oats in Quebec, Nova Scotia, New Brunswick and Prince Edward Island.

• (4) Despite Table IV to Schedule I, Canada Foundation No. 2 seed, Canada Registered No. 2 seed and Canada Certified No. 1 seed may contain one secondary noxious weed seed per 50 g other than wild oats in flax.

• (4.1) Despite Table IV to Schedule I, Canada Foundation No. 1 seed and Canada Registered No. 1 seed of sorghum, Sudan grass and canarygrass may contain one other crop seed per 25 g.

• (4.2) Despite Table V to Schedule I, Canada Foundation No. 2 seed may contain one other crop seed per 2 kg.

• (5) Seed to which Table VII to Schedule I applies shall be free from seeds of cleavers (Galium aparine L.) and false cleavers (Galium spurium L.).

• (6) Column 5 of Table VIII to Schedule I does not apply to sweet clover seed.

• (7) Notwithstanding the kinds and species of seeds set out in Table XI to Schedule I,

  • (a) subcolumn 1 of column 10 of that Table applies only to Chewing’s fescue, meadow fescue, red fescue, creeping red fescue, tall fescue, annual ryegrass, intermediate ryegrass and perennial ryegrass;

  • (b) subcolumn 2 of column 10 of that Table applies only to smooth bromegrass, meadow bromegrass, sweet bromegrass, fine-leaved fescue, hard fescue, sheep fescue, various-leaved fescue, creeping foxtail, meadow foxtail, orchardgrass, beardless wheatgrass, northern wheatgrass, pubescent wheatgrass, slender wheatgrass, streambank wheatgrass, Altai wildrye, Dahurian wildrye and Russian wildrye;

  • (c) subcolumn 3 of column 10 of that Table applies only to crested wheatgrass, intermediate wheatgrass, Siberian wheatgrass, tall wheatgrass, western wheatgrass and tall oatgrass;

  • (d) subcolumn 4 of column 10 of that Table applies only to reed canarygrass;

  • (e) subcolumn 1 of column 11 of that Table applies only to Chewing’s fescue, meadow fescue, red fescue, creeping red fescue, tall fescue, annual ryegrass, intermediate ryegrass, perennial ryegrass and reed canarygrass; and

  • (f) subcolumn 2 of column 11 of that Table applies only to smooth bromegrass, meadow bromegrass, sweet bromegrass, fine-leaved fescue, hard fescue, sheep fescue, various-leaved fescue, creeping foxtail, meadow foxtail, tall oatgrass, orchardgrass, beardless wheatgrass, crested wheatgrass, intermediate wheatgrass, northern wheatgrass, pubescent wheatgrass, Siberian wheatgrass, slender wheatgrass, streambank wheatgrass, tall wheatgrass, western wheatgrass, Altai wildrye, Dahurian wildrye and Russian wildrye.

• (8) Despite the kinds and species of seed set out in Table XIII to Schedule I, column 5 of that Table does not apply to mixtures that contain 1% or more of sweet clover seed.

• (9) Notwithstanding Table XIII to Schedule I, Common No. 1 Forage Mixture may contain one primary noxious weed per 25 g where there is present, singly or combined, 10 per cent or more of common timothy, dwarf timothy, Canada bluegrass, Kentucky bluegrass or redtop seed.

• (10) Notwithstanding Table XIV to Schedule I, all mixtures described on a label to be suitable for shady places shall contain not less than 40 per cent by weight, singly or combined, of Chewing’s fescue, creeping red fescue or rough bluegrass seed.

• (10.1) In addition to the standards set out in Tables III and XV to Schedule I, kinds or species of seed listed in Schedule I shall meet the minimum percentage of germination set out in the Table in which they appear.

• (10.2) Despite Table XVIII to Schedule I, Canada Foundation No. 2 seed may contain one other crop seed per 2 kg.

• (11) The diameter of sets set out in column 2 of Table XXI to Schedule I do not apply to multiplier onions.

• (12) For the purposes of Table XXI to Schedule I, a tolerance of three per cent by weight is allowed for the oversized or undersized sets for each grade of onion sets.

8 Seed of any variety of field corn shall not be sold in Canada unless it is of pedigreed status.

9 Any seed that is a component of specialty seed shall meet the standards set out in sections 6 and 7 before being mixed with or attached to non-seed material.

Use of Variety Names

• 10 (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.