Seeds Regulations (C.R.C., c. 1400)

Specialty Seed

• 31 (1) All seed that is specialty seed shall be labelled to indicate the kind or species of seed and the approximate percentage or net quantity of seed in the product.

• (2) Every package of seed that is a specialty seed shall be labelled with the following information:

  • (a) the name and address of the seller, packager or labeller; and

  • (b) the name of the grade of the seed, if applicable.

• (3) In addition to the labelling requirements referred to in subsection (2), every package of seed that is a specialty seed shall be labelled with the information required by the appropriate section of these Regulations with respect to that seed.

Seed Packaging and Official Tags

• 32 (1) An official tag shall only be applied by or under the direction of an inspector or accredited grader.

• (2) Except where seed is labelled with a Canada Substandard grade name, an official tag shall only contain the information required pursuant to sections 33 to 36.

• 33 (1) Subject to subsection (3) and sections 35 and 37, every package of seed derived from a crop grown and conditioned in Canada and graded with a Canada pedigreed grade name shall be fastened and tagged with a domestic tag.

• (2) The domestic tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the name of the grade of the seed;

  • (c) the variety name of the seed, or in the case of a PPTM varietal blend, the names of the varieties in the blend;

  • (d) except in the case of a mixture set out in Table III, XIII or XIV of Schedule I, the crop certificate number or, in the case of a blend of two or more original seed lots of certified status, whether of the same variety or a PPTM varietal blend, the two-digit seed year designation followed by the word “BLEND”; and

  • (e) the lot number.

• (3) An approved conditioner registered pursuant to Part IV is exempt from subsection (1) where

  • (a) the seed is of certified status;

  • (b) the package of seed has been fastened and labelled by that approved conditioner;

  • (c) the name of the seller, packager or labeller is marked on the package, and

    • (i) the information required by subsection (2) is marked on the package and the layout of the information, the area marked and the colour conform to the domestic tag, or

    • (ii) in the case of packages containing 2 kg or less of seed, the words “Certified Seed” appear in a blue rectangle that meets the colour requirements of the official tag and that has a length to width ratio of approximately 2:1 and the information set out in paragraphs (2)(a) to (c) and (e) appears elsewhere on the package; and

  • (d) in the case of packages referred to in subparagraph (c)(i), each time the approved conditioner proposes to obtain those packages, the approved conditioner notifies the Agency of that proposal.

• (4) The approved conditioner referred to in subsection (3) shall maintain complete and up-to-date records concerning the requests for and disposal of any package referred to in that subsection for a period of not less than two years following the disposal of the package.

• 34 (1) Subject to subsections (3) and (5) and sections 35 and 37, every package of seed derived in whole or in part from a crop not grown and conditioned in Canada and graded with a Canada pedigreed grade name shall be fastened and tagged with an inter-agency certification tag.

• (2) The inter-agency certification tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the name of the grade of the seed;

  • (c) the variety name of the seed or, in the case of a PPTM varietal blend, the names of the varieties in the blend;

  • (d) the lot number;

  • (e) the state or country of the official certifying agency; and

  • (f) the pedigreed reference number of the official certifying agency.

• (3) An approved conditioner registered pursuant to Part IV is exempt from subsection (1) where

  • (a) the seed is of certified status;

  • (b) the package of seed has been fastened and labelled by that approved conditioner;

  • (c) the name of the seller, packager or labeller is marked on the package, and

    • (i) the information required by subsection (2) is marked on the package and the layout of the information, the area marked and the colour conform to the inter-agency certification tag, or

    • (ii) in the case of packages containing 2 kg or less of seed the words “Certified Seed” appear in a blue rectangle that meets the colour requirements of the official tag and that has a length to width ratio of approximately 2:1 and the information set out in paragraphs (2)(a) to (e) appears elsewhere on the package; and

  • (d) in the case of packages referred to in subparagraph (c)(i), each time the approved conditioner proposes to obtain those packages, the approved conditioner notifies the Agency of that proposal.

• (4) The approved conditioner referred to in subsection (3) shall maintain complete and up-to-date records concerning the requests for and disposal of any package referred to in that subsection for a period of not less than two years following the disposal of the package.

• (5) A package of seed of certified status is exempt from subsection (1) if

  • (a) the package bears a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status;

  • (b) in the case of seed labelled with a Canada pedigreed grade name in Canada, the Canada pedigreed grade name appears on a document that accompanies each sale of the seed and that bears the name of the person selling the seed; and

  • (c) in the case of seed imported into Canada labelled with a Canada pedigreed grade name, the Canada pedigreed grade name and the accredited grader number appear on a label attached to or printed directly on each package of seed.

• 35 (1) Subject to section 37, every package of seed of a variety that is graded with a Canada pedigreed grade name shall be fastened and tagged with an unregistered variety tag if the seed is

  • (a) of a kind, species or variety not exempt from registration pursuant to section 65;

  • (b) of a variety not registered under Part III; and

  • (c) sold in Canada.

• (2) The unregistered variety tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the name of the grade of the seed;

  • (d) the lot number;

  • (e) the crop certificate number; and

  • (f) if the seed is derived from a crop not grown in Canada, the country or the state of the official certifying agency and the pedigreed reference number of that agency.

• 36 (1) A pedigreed status tag may be applied to seed derived from a crop grown in Canada and not graded.

• (2) The pedigreed status tag shall contain the following information:

  • (a) the name of the kind or species of seed;

  • (b) the variety name of the seed;

  • (c) the crop certificate number; and

  • (d) the pedigreed status of the seed.

37 Seed that has been graded with a Canada pedigreed grade name is exempt from the requirement to be sold in fastened packages where

• (a) the seed is sold in bulk and delivered by a bulk storage facility within the meaning of Part IV;

• (b) the seed is accompanied by a completed official tag at the time of the sale;

• (b.1) the seed, at the time of delivery, is accompanied by written information that, if the seed were in a fastened package, would be required by section 19, subsection 20(4) and sections 21 and 35 to be marked on the package or to be contained on the package’s label or tag; and

• (c) the vendor of the seed maintains complete and up-to-date records concerning the pedigree, conditioning, testing done in accordance with section 11 and disposal of the seed for a period of not less than one year following the disposal of the seed.

Advertising

38 Seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act in so far as it may be advertised for sale in Canada if

• (a) the variety has been reviewed by a recommending committee for registration pursuant to Part III;

• (b) an application for the registration of the variety has been received by the Registrar pursuant to Part III; and

• (c) the advertising indicates that registration is pending.

Seed Crop Inspection

• 39 (1) Seed crop inspection by inspectors of the Agency shall be limited to crops for the production of seed of pedigreed status and special seed crops.

• (2) The inspection of a seed crop shall be refused by an official of the Agency where

  • (a) the request therefor is received too late in the season to make the inspection or to make arrangements for the inspection; or

  • (b) inspectors or facilities for inspection are not available.

Seed Importations

• 40 (1) Subject to subsections (5) and (6), each seed lot that is imported into Canada shall be accompanied by a statement that contains the following information:

  • (a) the name of the kind or species of seed;

  • (b) the quantity of seed;

  • (c) the variety name of the seed for all kinds, species and varieties subject to registration under Part III, other than non-pedigreed seed of forage crops;

  • (d) the lot designation of the seed;

  • (e) the name and address of the exporter; and

  • (f) the name and address of the importer.

• (2) Except as provided by subsection (5) or (6), the seed shall be accompanied by a seed analysis certificate indicating that the seed has been tested pursuant to paragraph 11(1)(b).

• (3) Except as provided by subsection (5) or (6), the importer shall provide the Agency with a signed declaration stating

  • (a) the information specified in subsection (1);

  • (b) the country where the crop from which the seed is derived was grown;

  • (c) the telephone number of the importer; and

  • (d) the intended purposes of the imported seed.

• (4) Where seed is imported into Canada by a person other than an establishment registered pursuant to Part IV as an authorized importer, it shall be kept separate and intact in the original packages until a notice of release has been issued by the Agency indicating that the seed meets the requirements of these Regulations.

• (5) Subsections (1) to (4) do not apply in respect of a seed lot that

  • (a) is composed of onion or garlic sets, tree seeds, shrub seeds, ginseng seeds, aquatic plant seeds, true potato seeds or flower seeds, except wildflower seed mixtures;

  • (b) weighs 5 kg or less, in the case of seed of the kinds or species set out in any of Tables I to VI and XVI to XVIII to Schedule I, or seeds of similar size or herb seeds; or

  • (c) weighs 500 g or less, in the case of seed of the kinds or species set out in any of Tables VII to XII to Schedule I, or seeds of similar size.

• (6) Subsections (1) to (3) do not apply in respect of seed that is imported by an authorized importer where the authorized importer supplies the Agency with the establishment registration number at the time of importation and the information required by subsection (3) within 30 days after that time.

• (7) If seed has been imported into Canada by an authorized importer under subsection (6), it shall be kept separate and intact in the original containers until a notice of release has been completed by an individual accredited under section 13.1 to evaluate imported seed and accompanying documents for conformity with these Regulations or the seed has been tested and found to be in conformity with these Regulations.

• 41 (1) Subject to subsection (2), seed of any variety is exempt from the operation of paragraph 3(1)(b) of the Act if it is imported into Canada for the purpose of

  • (a) conditioning;

  • (b) research;

  • (c) seeding by the importer; or

  • (d) sale pursuant to subsection 5(4).

• (2) Seed of any variety of spring wheat, winter wheat or durum wheat that is imported into the Canadian Wheat Board Area is exempt from the operation of paragraph 3(1)(b) of the Act only if it is imported for the purpose of

  • (a) conditioning;

  • (b) research; or

  • (c) sale pursuant to subsection 5(4).

42 [Repealed, SOR/2008-228, s. 2]

Detentions

• 43 (1) Any seed or package seized pursuant to section 8 of the Act may be detained by an inspector at any place by attaching a detention tag to

  • (a) where only the seed is seized, the package provided by the Agency and in which the seed is placed;

  • (b) where only the package is seized, the package;

  • (c) where the package and the seed are seized, the package; and

  • (d) where a seed lot in packages is seized, at least one package of the seed lot.

• (2) On attaching a detention tag to the appropriate package referred to in subsection (1), the inspector shall deliver or mail a notice of the detention to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (3) No person shall alter or remove a detention tag attached to a package, or sell any seed or package detained, pursuant to subsection (1).

• (4) No person shall move any seed or package detained pursuant to subsection (1), except where an inspector issues a written authorization indicating that the seed or package must be placed in a safer or more convenient location.

• (5) Unless an official sample has already been taken of such seed, an inspector shall take an official sample of each seed lot that has been detained.

• (6) On release from detention of the seed or package, an inspector shall deliver or mail a notice of release to the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.

• (7) Costs incidental to the detention are payable and recoverable from the person entitled to possession, at the time of seizure, of the seed or package, as the case may be.