Department of Justice
www.justice.gc.ca
Common menu bar links
Regulations Respecting the Quality of Seeds Including Seed Potatoes, and the Testing, Inspection, and Sale Thereof (C.R.C., c. 1400)
Enabling Statute: Seeds Act
Full Document for Printing: HTML (691Kb) PDF (758Kb)
Regulation current to February 22nd, 2010
Attention: See coming into force provision and notes, where applicable.
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.
SOR/97-534, s. 2; SOR/2000-183, s. 38.
3. In this Part, “Registrar” means the person designated by the President to accredit graders or license samplers.
SOR/2007-223, s. 2.
4. This Part does not apply in respect of seed potatoes.
SOR/79-367, s. 1; SOR/82-437, s. 1; SOR/86-849, s. 1; SOR/86-850, s. 2; SOR/88-242, s. 1; SOR/96-252, s. 2.
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 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]
SOR/96-252, s. 2; SOR/2007-223, s. 3.
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.
SOR/86-850, s. 3; SOR/89-368, s. 1, 4(F); SOR/91-609, s. 2; SOR/93-162, s. 2; SOR/96-252, s. 2; SOR/2003-6, s. 101; SOR/2007-223, s. 4.
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.
SOR/86-850, s. 4; SOR/93-162, s. 3; SOR/96-252, s. 2; SOR/2000-184, s. 89; SOR/2003-6, s. 102; SOR/2007-223, s. 5.
8. Seed of any variety of field corn shall not be sold in Canada unless it is of pedigreed status.
SOR/96-252, s. 2.
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.
SOR/96-252, s. 2.
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.
SOR/79-367, s. 2; SOR/82-437, s. 2; SOR/86-850, s. 5(F); SOR/88-242, s. 2; SOR/89-368, s. 4(F); SOR/96-252, s. 2; SOR/2003-6, s. 103.
11. (1) For the purposes of determining whether the seed meets the standards set out in sections 6 and 7, the seed shall be subject to the following tests
(a) in the case of seed to be graded with a Canada pedigreed grade name, other than seed corn, an officially recognized test;
(b) in the case of corn to be graded with a Canada pedigreed grade name, non-pedigreed seed of the kinds or species set out in Tables VII to XII to Schedule I, and for the purposes of subsection 40(2), a recognized standard method by
(i) an officially recognized laboratory,
(ii) in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of a similar size, an accredited grader,
(iii) a seed testing laboratory operating under the supervision of a Senior or Associate member of the Commercial Seed Analysts’ Association of Canada,
(iv) a seed testing laboratory operating under the supervision of a Registered Seed Technologist registered by the Society of Commercial Seed Technologists,
(v) a seed testing laboratory operated by or under the authority of a national or state government of a foreign country, or
(vi) a seed testing laboratory accredited by the International Seed Testing Association (ISTA); or
(c) in the case of all other seed, a recognized standard method.
(2) Barley seed that has been labelled to indicate that it has been neither tested nor treated for true loose smut is exempt from being tested for true loose smut.
SOR/96-252, s. 2; SOR/2003-6, s. 104; SOR/2007-223, s. 6.
12. (1) Samples of seed for the testing referred to in section 11 shall be taken in conformity with recognized standard methods.
(2) Subject to subsection (3), a sample of seed submitted for testing shall be:
(a) where one gram of the seed lot contains 5,000 or more seeds, not less than 10 g;
(b) where one gram of the seed lot contains more than 25 seeds but less than 5,000 seeds, not less than 50,000 seeds; and
(c) where one gram of the seed lot contains 25 or less seeds, not less than 2 kg.
(3) A working sample for determination of impurities shall be
(a) for the purpose of grading those kinds and species set out in Schedule I, the quantity indicated in Tables 1 and 2 of the Canadian Methods and Procedures for Testing Seed; and
(b) for all other purposes, one half of the quantity set out in subsection (2).
(4) Subsections (2) and (3) do not apply if the sample is required for the purpose of checking only the percentage of germination.
SOR/96-252, s. 2; SOR/2003-6, s. 105; SOR/2007-223, s. 7(E).
13. (1) Except as provided in subsections (2) and (3), seed may be graded with a Canada pedigreed grade name only where
(a) the seed is of pedigreed status;
(b) the seed has been conditioned by the grower of the seed on the grower’s premises or by an approved conditioner registered pursuant to Part IV;
(c) the grower of the seed has completed and signed a declaration attesting that the seed is derived from a crop that has been issued a crop certificate and that the seed has not become mixed with any other seed; and
(d) the seed is graded by an accredited grader, based on
(i) the results of an officially recognized test, or
(ii) in the case of seed corn, a test done in accordance with paragraph 11(1)(b).
(2) Where seeds are not conditioned on the grower’s premises and it can be determined that the services of an approved conditioner are not available, a grower may, under the supervision of an inspector, have seed conditioned by other than an approved conditioner.
(3) Imported seed may be graded with a Canada pedigreed grade name only where
(a) the seed meets the condition set out in paragraph 1(d); and
(b) the seed is imported in a package bearing a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status.
SOR/78-314, s. 1; SOR/86-850, s. 6; SOR/88-242, s. 3; SOR/93-162, s. 4; SOR/96-252, s. 2; SOR/2007-223, s. 8.
13.1 (1) Any person who wishes to be accredited as a grader or licensed as a sampler shall
(a) apply for the accreditation or the licence in writing to
(i) a conformity verification body, or
(ii) the Registrar, if there is no conformity verification body;
(b) submit to an evaluation that is set by the Registrar and that measures knowledge of the principles and practices for the conditioning, sampling, testing and grading of seed of pedigreed status;
(c) where the individual wishes to be licensed to sample seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so sample;
(c.1) where the individual wishes to be accredited to retrieve, identify, classify and report weed seeds and other impurities from officially recognized samples, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so retrieve, identify, classify and report;
(c.2) where the individual wishes to be accredited to grade seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to grade seed; and
(d) where the individual wishes to be accredited to evaluate imported seed and accompanying documents for conformity with these Regulations, submit to an evaluation that is set by the Registrar that measures an individual’s ability to so evaluate.
(1.1) When making an application under subparagraph (1)(a)(ii), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.
(2) The Registrar shall accredit an individual as a grader for a period ending on December 31 of the following year, and issue a certificate certifying that the individual is an accredited grader,
(a) on the recommendation of a conformity verification body; or
(b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice and the individual having obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d).
(2.1) The Registrar shall issue to an individual a licence to sample seed, for a period ending on December 31 of the following year,
(a) on the recommendation of a conformity verification body; or
(b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice and the individual having obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c).
(3) [Repealed, SOR/2007-223, s. 9]
(4) [Repealed, SOR/2000-183, s. 39]
(5) Unless the accreditation of a grader or the licence of a sampler has been suspended or cancelled under section 13.2, and subject to subsection 13.2(7), the Registrar shall annually renew the accreditation or the licence, either on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable annual fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation or licence is to be renewed.
(6) The accreditation of a person as a grader or sampler is limited to those activities referred to in paragraphs (1)(b) to (d) for which the person has been evaluated and is qualified.
(7) If a conformity verification body refuses to make a recommendation to the Registrar that an applicant’s accreditation as a grader or sampler be certified or renewed, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.
(8) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.
(9) The request shall include the reasons why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.
(10) On receipt of the request, the Registrar shall review the decision.
(11) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.
(12) If the Registrar finds that the conformity verification body should have recommended that the applicant’s accreditation as a grader or sampler be certified or renewed, the Registrar shall certify the accreditation or renew it, as the case may be, as if the recommendation had been made.
(13) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.
SOR/96-252, s. 2; SOR/97-534, s. 5; SOR/2000-183, s. 39; SOR/2001-93, s. 2; SOR/2003-6, s. 107; SOR/2007-223, s. 9.
13.2 (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if
(a) false or misleading information has been submitted in support of the application for the accreditation or licence; or
(b) the grader or sampler does not comply with a provision of the Act, the Canada Agricultural Products Act or these Regulations.
(2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.
(3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if
(a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;
(b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;
(c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;
(d) the grader or sampler provides false or misleading information to an inspector;
(e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or
(f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.
(4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless
(a) an inspector has provided the grader or sampler with a written report setting out the reasons for the suspension or cancellation;
(b) the Registrar has given the grader or sampler an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and
(c) the Registrar has sent a notice of suspension or cancellation of the accreditation or licence to the grader or sampler.
(5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if
(a) the grader or sampler establishes that the basis for the cancellation was the result of an error and the grader or sampler took precautions and exercised due diligence to prevent the occurrence of the error;
(b) the grader or sampler undertakes to notify persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and
(c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time indicated by the Registrar.
(6) A suspension of an accreditation or licence remains in effect until
(a) an inspector verifies that the grader or sampler has taken corrective measures; and
(b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.
(7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).
(8) [Repealed, SOR/2007-223, s. 10]
(9) If an individual’s accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).
SOR/96-252, s. 2; SOR/2001-93, s. 3; SOR/2003-6, s. 108; SOR/2007-223, s. 10.
14. (1) Every person who sells seed in Canada shall have or have access to the records pertaining to the origin, conditioning, sampling, testing, grading and labelling of that seed.
(2) Every person who conditions, samples, tests, grades or labels seed for sale in Canada shall keep complete records pertaining to the activity for which they are responsible for a period of not less than two years after the date of conditioning, sampling, testing, grading or labelling.
(3) Where seed of pedigreed status has been conditioned or graded in Canada, the grower, grader or operator, as the case may be, shall, within 30 days after conditioning or grading, complete a pedigreed seed declaration that contains sufficient information, including the name of the grower, crop certificate number, quantity of seed and official tag use, to permit the tracing of all claims made with respect to that seed.
SOR/86-850, s. 7; SOR/96-252, s. 2.
15. (1) The labelling information required by these Regulations shall be shown conspicuously, legibly and indelibly in either or both official languages in a size and of a type and colour that can be easily read.
(2) No label shall show
(a) any variation in the character, size, colour or placing of the printing that emphasizes or obscures any part of the labelling information required by these Regulations;
(b) any incorrect or misleading information or mark; or
(c) any brand name or mark that might be construed as the name of a variety.
(3) Where any reference, direct or indirect, is made on a label to a place of production of the label or package and not to the place of production of the seed, the reference shall be accompanied by an additional statement indicating that the place of production refers only to the label or package.
(4) Where seed that is produced, packaged and labelled in a country other than Canada has applied to it a label that shows the identity and principal place of business of the person in Canada for whom the seed was produced for resale, the identity and principal place of business of that person shall be preceded by the words “imported by” or “imported for”, unless the geographic origin of the seed is stated on the label.
SOR/96-252, s. 2.
16. (1) All units of measurement required to be shown on a label shall be the units of the International System of Units, in accordance with the Weights and Measures Act.
(2) Where a unit of measurement is expressed in units of the International System of Units in accordance with subsection (1), other units of measurement may also be used.
SOR/79-367, s. 3; SOR/96-252, s. 2.
17. (1) Seed shall not be labelled with a grade name unless it has been
(a) graded pursuant to section 13, in the case of seed to be labelled with a Canada pedigreed grade name; and
(b) tested in accordance with section 11, in all other cases.
(2) Every package of seed marked with the grade name “Canada Foundation Substandard”, “Canada Foundation Substandard (Purity)”, “Canada Registered Substandard” or “Canada Certified Substandard” shall indicate on a tag that is affixed to the package the percentage of germination of a representative sample of the seed determined pursuant to the appropriate test done in accordance with section 11 and the date on which the test was completed.
(3) Every package of seed marked with a Varietal Blend grade name shall be labelled with the variety names and percentage of each variety.
SOR/82-437, s. 3; SOR/96-252, s. 2.
18. (1) Subject to subsection (3), every package of seed of a kind or species set out in Schedule I shall be labelled with the following information as determined pursuant to the appropriate test done in accordance with section 11:
(a) the name and number of noxious weed seeds per unit weight;
(b) the name and number of other weed seeds per unit weight or, where the standard set out in Schedule I is based on percentage by weight, the name and percentage by weight of other weed seeds;
(c) the name and number of seeds of other crops per unit weight or, where the standard set out in Schedule I is based on percentage by weight, the name and percentage by weight of other crops;
(d) the percentage of germination of a representative sample of the seed; and
(e) the date on which the test was completed.
(2) Subject to subsection (3), every package of seed of a kind or species that is not set out in Schedule I shall be labelled with the information referred to in paragraphs (1)(a) to (c) as determined pursuant to the appropriate test done in accordance with section 11.
(3) Except for a package of seed marked with the grade name “Canada Foundation Substandard (Purity)”, subsections (1) and 2 do not apply where a vendor, in response to a request of a purchaser made within 1 year after the sale of a package, supplies the purchaser, in writing, within 30 days after the request is made, with the information specified in subsection (1) or (2), as the case may be.
SOR/96-252, s. 2; SOR/2007-223, s. 11(E).
19. (1) Every package containing 50 g or more of seed, other than tobacco seed, shall be marked with the net quantity of the seed contained in that package.
(2) Every package containing 25 g or more of tobacco seed shall be marked with the net quantity of the seed contained in that package.
(3) Subject to section 31, net quantity shall be declared by weight or by numerical count.
(4) Notwithstanding subsection (3), corn that is labelled to indicate numerical count shall also be labelled to indicate net weight or number of seeds per unit weight.
(5) Every package containing more than 5 kg of seed shall be marked with the lot designation of the seed.
SOR/86-849, s. 2; SOR/86-850, s. 8; SOR/88-242, s. 4; SOR/93-162, s. 5; SOR/96-252, s. 2.
20. (1) In this section, “pest control product” has the same meaning as “control product” in section 2 of the Pest Control Products Act.
(2) Subject to subsection (3), any seed treated with a pest control product shall be thoroughly stained with a conspicuous colour to show that the seed has been so treated.
(3) Seed that has been coated with any material that renders it conspicuous is exempt from the staining requirement.
(4) Where seed has been treated with a pest control product, the precautionary symbol and signal word prescribed by the regulations made under the Pest Control Products Act to indicate the nature and degree of risk inherent in that product, together with the following statement, shall be marked on the package of the seed or on a conspicuous label attached to the package:
«Do not use for food or feed. This seed has been treated with 
(common or chemical name of pest control product)»
(common or chemical name of pest control product)»SOR/86-850, s. 9; SOR/96-252, s. 2.
21. Where the registration of a variety is made subject to any of the terms and conditions set out in section 68, the seed shall be labelled when sold to indicate that the registration of the variety is restricted.
SOR/86-850, s. 10; SOR/96-252, s. 2.
22. (1) Non-pedigreed seeds grown, sold and delivered by a producer on the producer’s premises for seeding by a purchaser are exempt from the labelling requirements of sections 23 to 31 if the producer does not advertise the seed for sale.
(2) Seed may be imported into Canada without meeting the labelling requirements of section 15 to 19, 21 and 23 to 31, but must meet those requirements before it is subsequently sold.
SOR/96-252, s. 2.
23. Every package of seed of the kinds or species set out in Tables I to II.1 and IV to VII to Schedule I shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the kind or species of seed;
(c) the name of the grade of the seed;
(d) the variety name of the seed, if applicable;
(e) in the case of imported seed corn, the name of the country of origin of production and, if from the United States, the state of origin of production;
(f) in the case of seed corn that is a mixture of two or more varieties, the name and percentage of each of the component varieties, the approximate Corn Heat Unit rating or the designation “early”, “medium” or “late”, as appropriate;
(g) in the case of hybrid seed of corn or hybrid seed of sunflower, sold or offered for sale as a Canada Foundation grade, the total number of seeds of other crops, per kilogram and the percentage of germination; and
(h) in the case of seed that is labelled as oilseed rape, rapeseed or canola and that is not labelled with a Canada pedigreed grade name, the name “Polish type” or “B. rapa”, “Argentine type” or “B. napus”, “B. juncea”, or the words “type not known”, as appropriate.
SOR/86-850, s. 12; SOR/96-252, s. 2; SOR/2007-223, s. 12.
24. (1) Subject to subsection (2), every package of a mixture of cereal seeds of the kinds or species set out in Table III to Schedule I shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the grade of the seed;
(c) the name and percentage by weight of each kind or species of seed in the mixture; and
(d) the variety name of each variety of seed in the mixture, if applicable.
(2) No Common No. 1 Cereal Mixture or Common No. 2 Cereal Mixture shall be labelled with a variety name.
SOR/82-437, s. 5; SOR/86-850, s. 13; SOR/96-252, s. 2.
25. Every package of seed of the kinds or species set out in Tables VIII to XII to Schedule I shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the kind or species of seed;
(c) the name of the grade of the seed;
(d) the variety name of the seed, if applicable;
(e) in the case of alfalfa and red clover seed that is imported, the country of origin of production and, if from the United States, the state of origin of production; and
(f) in the case of seed that is red clover or of a mixture containing five per cent or more of red clover, the words “double-cut” or “single-cut”, the letters “DC” or “SC”, or the words “type not known”, as appropriate.
SOR/82-437, s. 6; SOR/86-850, s. 14; SOR/89-368, ss. 2(F), 4(F); SOR/91-609, s. 3; SOR/93-162, s. 7; SOR/96-252, s. 2.
26. (1) Every package of a mixture of forage seeds of the kinds or species set out in Table XIII to Schedule I shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the grade of the seed;
(c) the name and percentage of each kind or species — and of each variety, if applicable — of seed that singly constitutes 3% or more by weight or, in the case of sweet clover, 1% or more by weight, of the mixture;
(d) the percentage by weight of the kinds or species of seed of the mixture not stated on the label pursuant to paragraph (c) preceded by the words “other kinds”; and
(e) in the case of alfalfa and red clover seed that is imported, the country of origin of production and, if from the United States, the state of origin of production, and the percentage included in the mixture.
(2) Notwithstanding paragraph (1)(d), the label may show the name and percentage of each kind or species of seed in a package that singly constitutes one per cent or more by weight of the mixture.
(3) The information to be labelled on a package pursuant to subsections (1) and (2) shall be
(a) on the principal display panel of the package if the labelling information is on the package, or on one side of the tag if the labelling information is on the tag; and
(b) of a consistent size of type.
SOR/79-367, s. 5; SOR/96-252, s. 2; SOR/2007-223, s. 13.
27. Every package of seed of the kinds or species set out in Tables XI and XII to Schedule I and represented for use as lawn grass or turf grass shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the kind or species of seed;
(c) the name of the grade of the seed; and
(d) the variety name of the seed, if applicable.
SOR/79-367, s. 6; SOR/82-898, s. 1; SOR/96-252, s. 2.
28. (1) Every package of seed that is a lawn grass mixture or turf grass mixture shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the grade of the seed; and
(c) if the package contains more than 5 kg of seed, the name of each kind or species — and of each variety, if applicable — of seed that constitutes
(i) five per cent or more by weight of the mixture,
(ii) three per cent or more by weight of the mixture, in the case of bentgrasses, or
(iii) two per cent or more by weight of the mixture, in the case of white clover.
(2) Where the name of any kind, species or variety of seed contained in a lawn grass mixture or turf grass mixture is stated on a label to the exclusion of the other kinds, species or varieties in the mixture, or in a manner to emphasize that name, the percentage by weight of that kind, species or variety in the mixture shall be stated on the label in the same size and colour of type as the name.
SOR/79-367, s. 7; SOR/96-252, s. 2; SOR/2007-223, s. 14.
29. (1) A label shall not contain any words or designs to indicate or imply that seed that is a ground cover mixture is suitable for use on home lawns or for forage production.
(2) Every package of seed that is a ground cover mixture shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the grade of the seed; and
(c) the name of each kind or species of seed
(i) that constitutes five per cent or more by weight of the mixture, or
(ii) that is listed in any provincial legislation as a noxious or restricted weed, where the seller, packager or labeller has the information referred to in subparagraph (i) and supplies the information in writing to purchasers on request.
(3) Where the name of any kind, species or variety of seed contained in a ground cover mixture is stated on a label to the exclusion of the other kinds, species or varieties in the mixture, or in a manner to emphasize that name, the percentage by weight of that kind, species or variety in the mixture shall be stated on the label in the same size and colour of type as the name.
SOR/79-367, s. 8; SOR/85-903, s. 1; SOR/96-252, s. 2; SOR/2007-223, s. 15.
Flowers, Herbs, Roots, Vegetables and Other Miscellaneous Seed including Onion Sets and Multiplier Onions
30. Every package of seed of the kinds or species set out in Tables XVI to XXI to Schedule I and any kinds or species not set out in Schedule I shall be labelled with the following information:
(a) the name and address of the seller, packager or labeller;
(b) the name of the kind or species — and of the variety, if applicable — of the seed, or in the case of mixtures, the name of each kind or species — and of the varieties — of the seed, if applicable;
(c) if the seed is sold or offered for sale on the basis of grade, the name of the grade of the particular seed; and
(d) if a germination standard is prescribed for a particular kind or species under subsection 6(1) and the seed is not sold on the basis of a grade of a seed,
(i) the year in which the seed was tested for germination pursuant to the appropriate test prescribed by section 11 or the year for which the seed was packaged, and
(ii) the percentage of germination of the seed or a minimum guaranteed percentage of germination.
SOR/96-252, s. 2; SOR/2007-223, s. 16.
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.
SOR/96-252, s. 2; SOR/2007-223, s. 17.
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.
SOR/96-252, s. 2.
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;
(d) the crop certificate number or, if the seed is a mixture or blend of two or more original seed lots of certified seed, the word “BLEND” preceded by the two digit seed year designation; 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.
SOR/86-429, s. 1; SOR/96-252, s. 2; SOR/2000-184, s. 89; SOR/2007-223, s. 18.
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;
(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 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 (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.
SOR/96-252, s. 2; SOR/2000-184, s. 89; SOR/2003-6, s. 109; SOR/2007-223, s. 19.
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.
SOR/96-252, s. 2; SOR/2007-223, s. 20.
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.
SOR/96-252, s. 2.
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.
SOR/96-252, s. 2; SOR/2007-223, s. 21.
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.
SOR/96-252, s. 2.
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.
SOR/86-849, s. 3; SOR/86-850, s. 16(F); SOR/96-252, s. 2; SOR/2000-184, s. 89.
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.
SOR/86-849, s. 4; SOR/96-252, s. 2; SOR/2000-184, s. 89; SOR/2003-6, s. 110; SOR/2007-223, s. 22.
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).
SOR/96-252, s. 2; SOR/2008-228, s. 1.
42. [Repealed, SOR/2008-228, s. 2]
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.
SOR/85-903, s. 3; SOR/96-252, s. 2; SOR/2000-184, s. 89.
44. [Repealed, SOR/97-534, s. 3]
