This is an updated Directive 2000-07 which include new changes and all previous amendments.
Appendix I Confined research field trial application form (PDF 9 kb)
Appendix II Fee submission for confined field releases (PDF 119 kb)
Appendix III General Terms and Conditions for confined research field trials
Appendix V Minimum Monitoring Frequency for Confined Research Field Trials
The Seeds Act is administered by the Plant Products Directorate of Canadian Food Inspection Agency (CFIA) and provides authority to regulate the quality, testing, inspection and sale of seeds in Canada. The Seeds Regulations, Part V - Release of seeds, defines the regulatory requirements for both confined and unconfined environmental release of plants with novel traits (PNTs) in Canada. The Plant Biosafety Office (PBO), CFIA is responsible for regulating the intentional introduction of PNTs into the environment in Canada.
By definition:
A PNT is a plant that contains a trait which is both new to the Canadian environment and has the
potential to affect the specific use and safety of the plant with respect to the environment and human health. These traits can be introduces using
biotechnology, mutagenesis or conventional breeding techniques and have some potential to impact weediness, gene flow, plant pest potential,
non-target organisms, or biodiversity.
PNTs that are not approved for livestock feed, human consumption and unconfined release into the environment, must be released under confinement in order to minimize any risks the PNT may pose on the environment, livestock and human health.
Consistent with the Canadian approach, the CFIA recognizes that it is the presence of a novel trait in a plant that potentially poses environmental risk, as opposed to how the traits are specifically introduced.
In Canada, a confined research field trial of PNTs is the release of a PNT in the environment, for research purposes, under terms and conditions of confinement. These terms and conditions of confinement include, but are not limited to, reproductive isolation, site monitoring, and post-harvest land use restrictions and are designed to minimize the exposure of the PNT to the environment.
The confined research field trial program provides developers with the opportunity to:
The purpose of this Directive is to provide guidance to applicants meeting the regulatory requirements of Part V of the Seeds Regulations for authorization of, confined research field trials of PNTs for research purposes. It also summarizes the information requirements and procedures used by the Plant Biosafety Office (PBO) of the Plant Health and Biosecurity Directorate, CFIA, and where appropriate, other federal and provincial agencies. It considers only field trials of imported or domestically developed PNTs released into the environment under terms and conditions of confinement.
The information presented in this Directive does not preclude additional regulatory requirements from other sections of the CFIA or other government agencies (see Section 4 for further information). If in doubt, please call the PBO to verify if these guidelines apply to your material.
The importation of any PNT, for any purpose, requires an import permit. Import permits are issued under the authority of the Plant Protection Act, administered by the Plant Health Division, CFIA, for the purposes of protecting Canadian agriculture and forestry from pests injurious to plants.
PNTs exempt from this requirement are those that have been previously authorized by the CFIA for unconfined release into the environment. See section 4 for more information concerning application for an import permit.
The components of novelty are different for plants with novel traits, novel feeds, and novel foods, because the risks associated with each are somewhat different. Environmental release of PNTs requires authorization from the PBO, while novel feeds are regulated by Feed Section, CFIA, and novel foods by Health Canada.
The applicant has the responsibility for determining the novelty of the product in question. To ensure compliance with all directives and guidelines, consultation with the PBO and Animal Feed Division of the CFIA, or with the Novel Foods Section, Health Canada is encouraged. The PBO has recently developed guidance on its web site on determining when a new plant is a PNT, which can be found at http://www.inspection.gc.ca/english/plaveg/bio/dir/dir0909e.shtml.
General and species-specific terms and conditions of authorization are imposed by the PBO, on a case by case basis, on confined research field trials in order to keep the plant material confined (see section 3.2). Elements factoring into the risk of a breach in confinement include the species of PNT plant species and the new trait, the confinement methods chosen by the proponent and their compliance history. The PBO may refuse to authorize or may restrict the scope of the release of a PNT into confined research field trial conditions, where the proposed confined release poses an unacceptable risk to the environment and/or animal and/or human health, or there is a reasonable risk of not meeting the confinement conditions.
In addition to the terms and conditions of authorization, each confined research field trial submission is subject to restrictions in the size and number of sites per province and to a maximum cumulative hectarage per province (see section 3.3). Restrictions on the size and number are required to mitigate the exposure of the PNT material on the environment.
Applicants considering future commercialization of a PNT for eventual release into the environment without confinement are encouraged to include experiments designed to meet the information requirements of Directive Dir94-08 "Assessment Criteria for Determining Environmental Safety of Plants with Novel Traits". Specifically, such experiments could contribute to generating data which can be used to address the five key criteria of environmental safety assessments:
Applicants for confined research field trials should keep in mind that the generation of data for a determination of environmental safety under Dir94-08 must be produced using statistically valid experimental designs and protocols (i.e. equivalent to the standards required for inclusion in peer-reviewed research publications). In making an application for the unconfined release of a PNT, proponents will be required to submit details of field trial protocols, including experimental designs and sampling procedures. Trials must be conducted in a manner consistent with the proposed farming practices of the PNT.
Applicant: The applicant must be a permanent resident of Canada or must designate a Canadian Agent who is a permanent resident of Canada. The applicant does not have to be the breeder or owner of the PNT, however, if the applicant is not the breeder/owner, a signed statement is required from the breeder/owner authorizing representation by the applicant or the designated Canadian Agent. All correspondence with respect to the application, including authorization of trials, will be addressed to the applicant, or when appropriate, the Canadian Agent. The applicant/Canadian Agent must accept full responsibility for compliance with all terms and conditions of authorization.
Application: An application is the data package submitted for each modified plant species intended for a confined release and which meets the information requirements of this Directive. More than one submission may be included in a single application.
Confined research field trials: A confined research field trial is the release of a PNT, for research purposes, under terms and conditions of confinement designed to minimize any the exposure of the PNT to the environment. These terms and conditions include, but are not limited to, reproductive isolation, site monitoring, and post-harvest land use restrictions.
Construct: An engineered DNA fragment (e.g. plasmid) which contains, but is not limited to, the DNA sequences to be integrated into a target plant's genome.
Field trial: A field trial is an experimental trial of one submission, grown at one trial site location for the purpose of conducting research.
For example:
Gene flow: The transfer of genetic material through interbreeding between sexually compatible plants.
Plant molecular farming: The use of plants in agriculture for the production of pharmaceutical or industrial compounds and not intended for general use as food and/or feed.
Plant with novel traits (PNT): is a plant that contains a trait which is both new to the Canadian environment and has the potential to affect the specific use and safety of the plant with respect to the environment and human health. These traits can be introduced using biotechnology, mutagenesis, or conventional breeding techniques and have some potential to impact weediness, gene flow, plant pest potential, non-target organisms, or biodiversity
Secure Container: Any means by which seed and any other propagable plant material may be contained for transport and storage such that a spill and/or dissemination cannot occur. The container must be labelled.
Seed: A "seed" as stated in the Seeds Act is defined as follows: Any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant (Seeds Act).
Submission: A submission refers to each plant species/genetic modification combination. For example, two lines of the same plant species transformed with different constructs constitute two submissions. Two lines of the same plant species transformed with the same construct will constitute one submission, provided the two lines express the traits encoded by the construct in a similar fashion.
Trait(s): The phenotypic characteristic(s) conferred to the recipient plant by specific genetic changes.
Trial site location: A field trial or trials of a submission or submissions of a single species at a single location. Single location is defined as a single, unbroken geographical location.
Unconfined release: A release into an environment of a plant with novel trait(s) that is not isolated either reproductively or physically from managed or natural environments, but may be subject to other restrictions.
The information requirements for confined research field trials are described on the confined research field trial application form presented in Appendix 1. The application form must be completed in full to ensure timely evaluation and to minimize requests for further information (it must be provided in one of Canada's two official languages; French or English). Application form for new confined research field trials and renewals of previously authorized confined research field trials of PNTs are required and must be submitted to the PBO for review in order to receive authorization for planting.
The applicant engaged in a confined research field trial must be a permanent resident of Canada or must designate a Canadian Agent who is a permanent resident of Canada. The applicant/Canadian Agent must accept full responsibility for compliance with all terms and conditions of authorization. Where a confined research field trial must be terminated, the applicant/Canadian Agent is responsible for the cost(s) of disposal of the PNT. Furthermore, the applicant/Canadian Agent is also responsible for the cost(s) of all remedial actions required in the event of an accidental release of the PNT. Applicants or Canadian Agents should not undertake confined research field trials unless they have been explicitly authorized by the PBO.
While the PBO will exchange information with the Plant and Biotechnology Risk Assessment Unit and the Animal Feed Division of CFIA, the Pest Management Regulatory Agency (PMRA) and the Novel Food section of Health Canada, where required, it is the applicant's responsibility to ensure that all requirements of these departments are met directly (see Section 4 for further details). If there is any question as to whether these departments are involved, developers are encouraged to consult with the PBO early in the application process and to be prepared to provide any necessary data at least 60 days before the anticipated planting date, to avoid planting delays.
The confined research field trial application addresses the information requirements and must be submitted by the applicant to the PBO. The application form is available in Appendix 1. The potential adverse environmental impacts associated with the confined research field testing of the PNT must be identified in the application. The potential hazards of the PNT can be identified based on the information submitted regarding the novel gene product (toxicity and allergenicity), the transformation method, the characteristic of the novel trait, the altered plant characteristics of the PNT, the ecosystem and geographic location of release, the indigenous species present at the trial site and the trial protocol.
The onus is on the applicant/Canadian Agent to ensure that the confined research field trial will not negatively affect any other trial or non-PNT crop(s). The PBO requires that each applicant/Canadian Agent (i) determine what plant material, if any, will be in proximity to each trial (including within the isolation distance) before the confined research field trial is planted, and (ii) consider contingency plans in the event of accidental release of material or inadvertent breakdown in reproductive isolation.
It is important to know if there are any endangered species at or near the trial site location which could potentially be affected by the confined research field trial. To obtain information on endangered species contact:
Canadian Wildlife Service
COSEWIC Secretariat (Committee on the Status of Endangered Wildlife in Canada)
351 St-Joseph Boulevard
Hull, Québec, K1A 0H3
The PBO must be notified in writing of an applicant's intent to renew a previously authorized confined research field trials, each year following the initial approval of the field trial. Application form for renewals of previously authorized confined research field trials of PNTs are required and must be submitted to the PBO for review and must be provided in one of the two official languages of Canada; French or English. The application form is presented in Appendix 1.
The terms and conditions of authorization required in previous years still apply, however, the CFIA reserves the right to modify, add, or remove any condition of authorization upon renewal and any changes will be communicated to provincial and other federal authorities.
Renewals of authorization for confined research field trials, including ongoing trials of perennial PNTs, may be granted for trials that are identical (i.e. same species, construct and location) to those approved in previous years. Gene constructs, genetic modifications, plant material, and the trial sites (including size and location) must be identical. Trial purposes and experimental protocols must be similar to those reviewed and authorized in previous years.
For perennial crops or trees, the years following the initial approval of the field trial shall be considered to be renewals and applications should be submitted to the PBO in a similar timeframe as regular CRFT applications would be submitted.
It is the responsibility of the applicant to ensure that all requirements of any other regulatory sections are met directly for the renewal of application (see Section 4 for further information).
Applications for new and renewed confined research field trials of PNTs should be mailed to:
Canadian Food Inspection Agency
Plant Health and Biosecurity Directorate
Plant Biosafety Office
Confined Research Field Trial Program
59 Camelot Drive
Ottawa, Ontario, K1A 0Y9
Applications for field trials should be received by the PBO at least 30 days before the expected planting date in order to receive authorization on time for planting. Incomplete applications may require additional processing time due to further information requests. Applications are processed on a first-come, first-served basis. Failure to submit all the required information may make it impossible to provide authorization on time for planting.
However, applications for confined research field trials of PNTs not intended for general food or feed use (for instance plant molecular farming) using crop species traditionally used for food or feed require additional time for assessment of potential risks to food and feed supplies by Health Canada or the Animal Feed Division of CFIA. Please consult section 3.11.1 for further detail. Note that Health Canada and the Animal Feed Division of CFIA require 60 days for this assessment. Where submitted data is incomplete, additional data will be requested and a new 60 day assessment period will commence once the additional data is received. Applicants are encouraged to consult with the PBO as early as possible to avoid planting delays.
Please consult section 4 of this document for other regulatory requirements.
Please see Appendix 2 for a schedule of fees for the review and authorization of confined research field trials of PNTs. For a new application, the applicable fee shall be calculated based on the number of submissions (genetic constructs) included in the application and the number of trial site locations.
The submission fee ($400 per submission) must be included with the application. The review and processing of an application will only commence once the PBO receives the payments. Once review of an application has been initiated, the submission fee will not be refunded.
Authorization will not be issued until PBO receives payment for trial site locations ($100 per trial site location). These fees will not be refunded after an authorization letter has been issued.
For a renewal of authorization, the applicable fee shall be calculated and due each year that the trial is requested. A renewal fee of $100.00 per submission will apply in addition to the 100$ fee per trial site. Renewal fees will only apply to those trials meeting the renewal criteria outlined in section 2.3.
Non-confidential information includes the applicant's name, trial codes, crop(s) and a general description trait(s) being field tested and the province(s) that the trials are located in. All other information given in the application is considered to be Confidential Business information (CBI) and is subject to the federal Access to Information Act and Privacy Act (ATIP). Please contact the CFIA's ATIP Services at 613-225-2342 for additional information.
The PBO will send non-confidential information about each trial to designated provincial government contacts in those provinces where proposed trials are to be conducted or renewed. Secondary provincial agencies and provincial governments have a 30 day turnaround time and any comments from them are considered by the PBO in the final evaluation of the application.
Non-confidential information about confined research field trials authorized by the PBO for each growing season is made available to the public upon request from the PBO's web site at: http://www.inspection.gc.ca/english/plaveg/bio/confine.shtml
The PBO website contains tables summarizing the total number of field trials authorized and information on the trials. This information includes the organization conducting the research field trial(s), the crop species, a general description of the novel trait(s) and the province(s) in which the trials are being conducted. For example:
| Organization | Crop | Trait 1 | Trait 2 | Trait 3 | Province |
|---|---|---|---|---|---|
| Suncropgen Inc. | Corn | Insect resistance | Fungal resistance | Selectable marker | Ontario |
The terms and conditions include, but are not limited to, reproductive isolation, site monitoring, and post-harvest land use restrictions. See Appendix 3 for general terms and conditions that will be imposed on all trials. To view species-specific terms and conditions from 2003 to present please refer to the PBO website at: http://www.inspection.gc.ca/english/plaveg/bio/confine.shtml.
When planning trials, please refer to the most recent information available by the PBO. The PBO may alter the terms and conditions from year to year based on the most recent scientific data. Applicants are encouraged to view these terms and conditions as minimum requirements. The PBO may change terms and conditions on a case-by-case basis depending on the PNT used in the trial and the risk associated with its release under confined conditions. For example, for plant molecular farming trials, the minimum isolation distances to food or feed crops are two times that normally prescribed for the species and four times from crops grown for seed production. Minimum distances between plant molecular farming trials and pasture are also required.
It is solely the applicant's/Canadian Agent's responsibility to ensure compliance with the terms and conditions of authorization, including the conduct of any subcontractors. The applicant must ensure that the field managers are familiar with, and have a copy of, the terms and conditions under which the trial was authorized.
Plants of the same species growing on the trial site, such as control plots and border rows are considered as PNTs and are subject to the terms and conditions of authorization of the trial.
The PBO strongly recommends that applicants notify neighbours that have land surrounding the trial site and which may be affected in the event of a breakdown in reproductive isolation.
In Canada, confined research field trials of PNTs provide researchers with the opportunity to evaluate the PNTs in the field under conditions which minimize their exposure to the environment. The confined research field trial program is only for research purposes and is not intended to support other activities such as seed multiplication for commercial purposes. In order to maintain the integrity of this system, each confined research field trial submission is subject to restrictions in the size and number of sites per province and up to a maximum cumulative hectarage per province. More specifically, confined research field trial site locations are limited to no more than:
For example, in one province an applicant may choose to grow:
The above restrictions still apply in situations where the confined research field trial is part of variety registration and/or performance trials. Exemptions from the restrictions may be granted, but only for research purposes. Along with their application, the applicant must submit to the PBO a rationale for the exemption and a precise description of management practices that will be put in place in order to mitigate the additional exposure to the environment.
In order to minimize potential gene flow, it is necessary to reproductively isolate all PNTs from neighbouring related commercial crops, breeding nurseries, seed multiplication plots, other trials, and sexually compatible wild relatives. This may be done through isolation distances or alternative methods.
The PBO strongly recommends that applicants notify neighbours that have land surrounding the trial site may be affected in the event of a breakdown in reproductive isolation.
The most common means to achieve reproductive isolation is through the use of spatial isolation distance between the plants of the trial and neighbouring sexually compatible plants. Minimum isolation distances have been established through consultation with academics, scientists, and other stakeholders, using requirements adapted from the Canadian Seed Growers Association (CSGA) for producing pedigreed seed crops.
Should the same or related species be found within this isolation zone the applicant must remove them immediately. If inadvertent pollination/hybridization and seed set occur, additional post-harvest land use restrictions and monitoring requirements will be imposed.
For example, for plant molecular farming trials, the minimum isolation distances to food or feed crops are two times that prescribed for the species and four times from seed production. Minimum distances from plant molecular farming trials and pasture are also required.
Applicants/Canadian Agents who choose alternative methods for reproductive isolation must ensure that they will have control over the appropriate reproductive isolation distance around each trial site, in the event that the alternative method fails to provide reproductive isolation. The use of an alternative reproductive isolation method must take into account neighbouring fields and any potential financial implications to their owners.
The following alternative methods may be available to reproductively isolate specific PNTs:
In the case of field trials of modified Medicago sativa, Brassica napus or Brassica carinata the use of a 10 metre deep perimeter of registered varieties of the same species is acceptable to act as guard rows and pollen traps (bee traps). For Brassica rapa a 100 metre deep perimeter of registered varieties of the same species is acceptable to act as guard rows and pollen traps (bee traps).
In all cases, the guard row plants must flower concurrently with the PNTs and no large gaps can be created for machinery use.
The density of flowering plants in the guard rows must be similar to the density of flowering plants within the trial plot. The guard rows should be seeded with different varieties (with early and late season flowering period) to ensure concurrent flowering of the guard rows with the PNTs in the trial.
The maximum gap size permitted is 50 cm. If machinery use is required, a maze entrance to the trial may be acceptable. The applicant must provide a maze proposal with scientific justification for the design.
Should guard rows fail to flower concurrently with the test material, or should they be interrupted by large gaps (>50 cm), a destruction zone corresponding to the applicable isolation distance will most likely be enforced, and this perimeter must be kept free of sexually compatible plants.
Progeny from the registered varieties in the guard rows (which may result from fertilization with modified pollen) must be harvested and handled in the same manner as PNTs and may not be used as human food or livestock feed unless prior approval is granted by Health Canada or the Feed Section of CFIA, respectively.
For example, if an applicant/Canadian Agent chooses to ensure reproductive isolation of a Brassica rapa trial by netting the PNTs, and if the netting fails to prevent pollen movement, a 400 m isolation distance around the B. rapa trial will be imposed. It is the applicant's/Canadian Agent's responsibility to ensure that all the terms and conditions related to the isolation distance, including destruction of any B. rapa or related species, are met.
Maps and GPS coordinates for all confined research field trials are a prerequisite of authorization and must be supplied to the PBO, i.e. maps and GPS coordinates must not be submitted to CFIA inspector or area staff. The PBO recognizes that exact trial locations may not be finalized at the time of submitting the application. Applications without exact trial locations will be accepted if:
Any changes to confined research field trial site locations made subsequent to authorization must be received by the PBO on or before May 15th (spring planting) or August 1st (fall planting) of the year of application. After this date trial site changes will not be accepted with the exception of cancellations. If a trial site change is made after May 15th (spring planting) or August 1st (fall planting), authorization of the trial will be revoked and the trial will have to be destroyed.
It is the responsibility of each applicant to provide a detailed field map of each confined research field trial site location as well as a detailed direction to the site, no later than 7 days after planting. When a complete map has already been submitted with the application, the applicant must forward to the PBO the exact planting date of the trial within 7 days after planting.
Maps of confined research field trials must be legible and precise. CFIA inspectors have previously encountered problems locating trials sites, particularly in post-harvest years. Maps should be on a blank page with crisp line drawings and block letters. The use of colours should be avoided. Maps on lined or graph paper will not be accepted. Photocopies of road maps may only be used as a reference for directions to the field.
It is the responsibility of each applicant to submit the GPS (Global Positioning System) coordinates of each confined research field trial site location to the PBO within 7 days after planting. The PBO reserves the right to cancel the authorization of any confined research field trial for which GPS coordinates have not been received within seven days after planting of the trial.
GPS coordinates must be taken precisely at all corners of each trial site and provided in the latitude longitude decimal degree format (degree only format) e.g. Lat 37.39941, Long 122.01816. Most of the economically priced units have the option to provide readings in this format. GPS coordinates will be used by CFIA inspectors to assist in locating the trial sites for current year and post-harvest inspections.
If a chemical treatment is used on the trial site location that requires a time until safe entry a sign should be posted at the point of entry to the trial indicating the date and time of spraying as well as the time until safe entry. This condition is intended to protect the health and safety of the CFIA inspection staff.
Seeding, transplanting, harvesting and site maintenance machinery and equipment must be cleaned at the trial site prior to being moved to other locations. This is to prevent dispersal of plant material, especially propagable plant material. Any material collected during cleaning must be destroyed according to the terms and conditions.
Records of all confined research field trials, including current season and post-harvest site activities must be maintained by the applicant and kept for at least 7 years after the post-harvest land use restrictions is completed and must be made available to the CFIA upon request. Records requirements include transportation of planting material, disposition and storage of all surplus and harvested seed and plant material, cleaning of machinery, the monitoring of the trial site, trial site compliance (including subcontracts), transportation, disposition and/or storage of all seed, and disposition of non-harvested residual plant matter.
Applicants must keep a separate log book for each trial, during the current and post-harvest years of the trial. Log books and records must be kept for 7 years after the end of the post-harvest land use restrictions of a trial. Please note that a copy of these trial site records must be kept by the field manager at the trial site and/or by the person in charge of the storage location and/or the person in charge of the disposition of seed or propagable material in order to facilitate the inspection of the records, disposal and storage methods by CFIA inspectors.
A report summarizing the completed trials and experimental data, including any amendments to the original protocol, must also be made available to the CFIA upon request.
In cases where the PNT poses a higher environmental risk, such as a trial for plant molecular farming, all plant material used or harvested from the trial must be accounted for and records are required to be submitted to the PBO within 60 days of harvest.
For some confined research field trials, such as a trial for plant molecular farming, the disposal of residual material must be witnessed by a CFIA inspector. In those cases the seed log showing tracking of seed or propagules from multiplication through planting, harvest and disposal must be presented to the inspector at that time.
To facilitate the records inspection, the PBO recommends that you include in the records general information about the trial such as:
The following activities are required to be recorded in the trial log books:
No harvested material or by-product from a confined research field trial may be used as human food or livestock feed without the prior approval of Health Canada or the Feed Section, CFIA, respectively.
Seed or other propagable plant material that is not to be retained or which is not authorized by the PBO to be retained, must be disposed of by an approved method that will render the seed or propagable plant material non-viable (eg. autoclaving, burning or deep burial to a depth >1m). Composting is not an acceptable method for the disposal of plant material. Disposal of all remaining non-harvested plant material must be in accordance with the stipulated terms and conditions of authorization for that plant species.
Applicants must provide the PBO in writing and within 15 working days after harvest (the final harvest at each trial site location, unless another reporting method has been approved by the PBO) with information on
Confined research field trial sites should be harvested as soon as reasonably possible to minimize seed loss. This is intended to limit the quantity of propagable plant material incorporated into the soil at the conclusion of the trial, thus limiting the seed bank.
Harvested seed and/or plant material from confined research field trials (including guard rows and/or non modified control material) that is to be retained must be stored appropriately in clearly labelled and secure containers and kept separate from other seed and/or plant material. A secure container includes any means by which seed and any propagable plant material may be contained for transport and storage such that a spill and/or dissemination cannot occur. Each container must be labelled with the minimum following information: PNT material - Do not mix.
Applicants are encouraged to destroy all residual plant material in a manner whereby the material is not easily distributed by wind or local fauna yet does not promote seed dormancy. In order to complete the soil incorporation process the applicant is encouraged to use a rototiller, double disc or heavy plow. Light disking and heavy harrowing is acceptable for small seeded crops such as Brassica species. More aggressive incorporation is recommended for larger seeded crop kinds. If the applicant decides to burn the plant material, incineration must be complete.
For some trials, for example in the case of PNTs not intended for general food or feed such as plant molecular farming, disposal and destruction of all residual plant material must be witnessed by a CFIA inspector.
Following harvest, PNTs may emerge at the field trial site in subsequent growing season(s) as volunteers. Therefore, the following precautions must be taken to prevent volunteers from crossing with crops of the same species or with sexually compatible related species:
If harvested by combine (other than small plot combines), an additional 50 metre buffer zone around the site must be monitored each year the site is subject to post-harvest land use restrictions. If a combination of large and small plot combines are used, the 50 metre buffer will be imposed. For all other trials, a 10 metre buffer zone around all sites must be monitored each year the site is subject to post-harvest land use restrictions.
No trial sites subject to post-harvest land use restrictions can be used as pasture for animal grazing since volunteer plants may grow on the site in subsequent growing seasons.
Each trial site is subject to the post-harvest land use restrictions indicated in the terms and conditions of authorization. Post-harvest land use restrictions of a trial site can be lifted upon authorization for unconfined release on an event basis.
Some additional post-harvest land use restrictions, including restrictions of cultivation of food or feed crops, may be imposed in some cases following trials of PNTs expressing traits that may have potential environmental, food or feed safety issues if released, such as a PNT used for plant molecular farming.
CFIA regional inspectors have the authority to inspect trial sites during both the growing season and the period of post-harvest land use restriction for compliance with the terms and conditions under which the trials were authorized. Inspection activities regarding current year and post-harvest trial sites are completed on a random basis without prior notification to the applicant or field manager.
CFIA regional inspectors have the authority to inspect the records and methods of disposal and storage of plant material from the confined research field trials during or after completion of the trials to verify compliance with the terms and conditions. The field manager at the trial site and/or the person in charge of the storage location and/or the person in charge of the disposition of seed or propagable material must keep a copy of the confined research field trial site records (see section 3.8) and must be present during the inspection of records to provide the inspector with the required information and documentation. The contact person in charge of the disposal and/or storage of plant material from the confined research field trial(s) will be contacted prior to the inspection of disposal and storage methods and should assist the inspector during the inspection.
Applications for confined research field trials for PNTs intended for plant molecular farming will be addressed on a case-by-case basis. In all cases, applicants should note the following:
Recommendation regarding plant molecular farming field trials
Additional terms and conditions for plant molecular farming field trials
For traditional food or feed crop species the minimum isolation distances are two times that prescribed for the species as listed in Appendix IV this document. These distances may be reduced if alternative methods of reproductive isolation are used (see Section 3.5.2).
For any species, the trial must be isolated from any seed production field of the same or related species by a distance of four times the isolation distance listed for the species in Appendix IV of this document.
Land within 50 m of the trial perimeters may not be used for food or feed production, including grazing of livestock. It is not necessary that this 50 m be left black. For example, ornamental species, or any other plant that will not be grazed or harvested for food or feed, may be cultivated in this area. Research trials of material that will not enter the food or feed chain will also be permitted within the 50 m area.
The PBO may in some cases impose restrictions on cultivation of crops for food or feed use or on grazing of livestock during post-harvest years of sites of trials of PNTs intended for plant molecular farming. These restrictions will be imposed on a case-by-case basis. Developers are encouraged to consult with the PBO early in the application process to ensure appropriate planning for post-harvest land use.
Disposal of plant residue after harvest must be witnessed by an inspector of CFIA.
Additional information requirement for plant molecular farming trials
Please note that additional time will be required for assessment of potential risks to food and feed supplies by Health Canada and the Animal Feed Division, CFIA, respectively, for confined research field trials of PNTs intended for plant molecular farming which use crop species traditionally used for food or feed. Note that Health Canada and the Animal Feed Division, CFIA, require 60 days for this assessment. Where submitted data is incomplete, additional data will be requested and a new 60 day assessment period will commence when the additional data is received. Applicants are encouraged to consult with the PBO as early as possible to avoid planting delays.
Consult sections 4.2.2 and 4.3.2 for data requirements of these respective assessments. This data will be sent by the PBO immediately on receipt to Feed Section of CFIA and/or Health Canada for a 60-day assessment period. Where submitted data is incomplete, additional data will be requested and a new 60 day assessment period will commence when the additional data is received.
If there is any question as to whether this data is required, developers are encouraged to consult with the PBO early in the application process and to be prepared to provide any necessary data at least 60 days before the anticipated planting date, to avoid planting delays.
Applicants must also provide contingency plans for responding to accidental breaches of containment. These plans must include immediate notification of regulatory authorities and commodity handlers, and provide for monitoring, tracking, recall and destruction of accidentally-released plant material from the environment and/or food or feed supply chains.
Stacked plant products (plant lines developed by conventional crossing of two or more authorized PNTs) which have not yet been notified to the PBO prior to their unconfined release in the Canadian environment are exempted from the requirements of this directive if:
If a planting falls outside of the Section 3.2 restrictions, or is intended for purposes other than research (e.g. demonstration or promotion of a product or application) the proponent must notify the PBO. The PBO will make a determination as to whether or not a confined research field trial application is required.
Proponents of stacked plant varieties must ensure that they remain in compliance with all other applicable Acts and Regulations, including policies on stacked products for feed and food as set out by the Animal Feed Division, CFIA and Health Canada. Proponents are responsible for contacting the respective groups to ensure continued compliance with the applicable policies.
If an outcrossing study is being performed, related species (modified or non-modified) can be deliberately planted on the trial site and will be part of the experiment. However, PNTs must be separated from plants not included in the experiment by the recommended isolation distance. At the completion of such a study, the experimental plants must be handled in the same manner as PNTs.
For herbicide efficacy studies, related weeds may remain within the trial site, provided they are removed and destroyed before seed set. The isolation distance must remain free from plants of the same species as the PNT and from any sexually compatible relatives of the PNT.
If applicants wish to use the same trial site location in consecutive years, a partial exemption regarding required post-harvest land use restrictions such as crop rotations may be allowed for plants containing the same gene(s) in the same genetic background, tested on the exact sites as the original trials. The post-harvest land use restrictions must be observed following the last PNT trial. These trials are considered a renewal.
Reduced rotation cycles are sometimes required for building up disease inoculum in the soil of trial sites. A partial exemption regarding the post-harvest land use restriction on crop sequences may therefore be allowed in the case of disease nurseries. For example, an applicant may decide to continue to grow a non-modified crop related to the PNT on a confined research field trial site that is subject to post-harvest land use restrictions. This exemption will only be authorized under the following conditions:
Insect resistant management plans for all plants expressing Bacillus thuringiensis (BT) endotoxins may be required for some trial for which exemptions to the trial size restrictions have been granted (see section 3.3).
If a PNT must be imported into Canada to carry out a confined research field trial, the
PBO will not authorize a confined research field trial until an import permit has been issued by
the Plant Health Division. An "Application for Permit to Import" can be downloaded as a
PDF file at: http://www.inspection.gc.ca/english/plaveg/bio/importe.shtml
or can be obtained from any local CFIA office.
Using the authority of the federal Feeds Act, the Canadian Food Inspection Agency administers a national livestock feed program to verify that livestock feeds manufactured and sold in Canada or imported into Canada are safe, effective and are labelled appropriately. All feeds, including novel feeds, must be authorized and/or registered by the Feed Section prior to use as livestock feed.
Also, if the PNT is a modification of a food or feed crop species and is not intended for general food or feed purpose, the developer must submit exposure and hazard data for livestock health effects assessments, see section 4.2.2.
Authorization must be obtained from the Feed Section prior to the use of any materials generated in confined research field trials as livestock feed. Applicants or their Canadian agents are responsible for notifying the Feed Section to obtain authorization for the use of any materials generated in the trial as a livestock feed. It is the applicants' responsibility to ensure that all of the requirements of the Feeds Regulations are met. Applicants or their Canadian agents should refer to the CFIA's Directive Dir95-03 "Guidelines for the Assessment of Livestock Feed from Plants with Novel Traits" for guidelines regarding the data requirements for authorization of PNTs for feed use.
For more information concerning the feed use of PNTs, refer to the Feed Section of the CFIA web page at: http://www.inspection.gc.ca/english/anima/feebet/feebete.shtml.
The PBO will distribute copies of received field trial applications to the Feed Section, CFIA, for review if the applicant intends on feeding the material from the confined research field trial to livestock for research purposes. In these case(s) review will be completed by the Feed Section, CFIA.
When a traditional Feed crop species is developed for uses other than feed or food use, for example for plant molecular farming, "Exposure and Hazard" data is required for a 60 day revision by the Feed Section, CFIA. This data will be sent by the PBO immediately on receipt to Feeds Section, CFIA for a 60-day assessment period. Where submitted data is incomplete, additional data will be requested and a new 60 day assessment period will commence when the additional data is received.
The applicant must submit a data package including data for all of the following points.
1. Potential exposure
1.1 Describe the plant tissues in which the novel compound(s) is (are) expressed. Describe the extent to which these plant tissues may traditionally be present in livestock feed.
1.2 Provide expression levels of the novel compound(s) in any plant tissues from which livestock feed may be derived, or which may be inadvertently present in livestock feed.
1.3 Describe if the novel compound(s) is (are) present in an active form in the plant. If not, describe the trigger or procedure for activation.
2. Potential hazard
If any livestock feed intentionally or unintentionally derived from or containing material derived from the PNT may contain the novel compound(s) as per section 1 above, please address the following:
2.1 Toxicity and other biological activity. Provide data or valid scientific rationale to show the anticipated livestock toxicity and biological activity of any livestock feed derived from or containing material derived from the PNT if inadvertently fed to livestock, as follows:
2.2 Allergenicity. Compare the amino acid sequence of the plant-expressed compound to amino acid sequences of known allergens to determine any potential homology.
Based on those endogenous allergens known to be present in the host plant, parental lines, or donor organisms, provide any available data on levels of endogenous allergen(s) in the modified plant compared to that of an appropriate comparator.
2.3 Processing of plant material
Provide a description of the processing of the plant material highlighting areas where by-products are produced.
2.4 Information on donor organism
Provide any available information on the history of use in livestock feed of the donor organism(s).
Provide a critical assessment of the ability of the donor organism(s) to produce potentially toxic compounds, anti-nutritional compounds and/or endogenous allergens.
The Pest Management Regulatory Agency (PMRA), Health Canada, administers the Pest Control Products Act which provides authority to the PMRA for regulating the use and testing of pest control products.
Where a trial involves the use of a pesticide not covered by a current registration, a research permit from the PMRA may be required. It is the applicant's responsibility to notify the (PMRA), Health Canada, when the confined research field trial proposes the use of an unregistered product, or a registered product used for a non-registered purpose. Applicants or their Canadian agents are responsible for communicating with the PMRA regarding registration status of pesticides, research permit applications, and notification submissions.
Applicants or their Canadian agents should refer to the PMRA's Regulatory Directive Dir98-05 "Chemical Pesticide Research Permit Guidelines" for guidelines regarding permit applications and notification submissions. Requirements for permits depend on the size of the field trial, the type of personnel conducting the trial and the premises where it is conducted. For small scale trials, there may be exemptions to the requirement for Permits, but a Notification of Pesticides Research in lieu of an application for Permits of Pesticides Research may be required. The PMRA requires that Applications for Permits of Pesticides Research be submitted 30 to 180 days before treatment, depending on the nature of the pesticide and trial site. Notifications must be submitted to the PMRA at least 30 days before the pesticide treatment.
Information on obtaining research permits or on the registration status of pesticides can be obtained from the PMRA's Pest Management Information Service by phone at 1-800-267-6315 (outside Canada: 1-613-736-3799; long distance charges apply), by e-mail at pmra_infoserv@hc-sc.gc.ca, or by fax at 613-736-3798. Regulatory directives and other general information are available on the Internet at: http://www.hc-sc.gc.ca/cps-spc/pest/index-eng.php
Applications and Notifications regarding pesticides research should be addressed to the Submission Management and Information Division, PMRA, Health Canada (A.L. 6605E1), 2250 Riverside Drive, Ottawa, Ontario K1A 0K9.
When a traditional Food crop species is developed for uses other than general food use, for example for plant molecular farming, "Exposure and Hazard" data must be provided. This data is required for a 60 days revision to assess human exposure and hazards of unintentional introduction by various means of the plant material into food supplies by Health Canada.
The applicant must submit a data package including data for all of the following points.
This data will be sent by the PBO immediately on receipt to Health Canada for a 60-day assessment period. Where submitted data is incomplete, additional data will be requested and a new 60 day assessment period will commence when the additional data is received.
1. Potential exposure
1.1 Describe the plant tissues in which the novel compound(s) is (are) expressed. Describe the extent to which these plant tissues may traditionally be present in human food.
1.2 Provide expression levels of the novel compound(s) in any plant tissues from which human food may be derived, or which may be inadvertently present in human food.
1.3 Describe if the novel compound(s) is (are) present in an active form in the plant. If not, describe the trigger or procedure for activation.
2. Potential hazard
If any human food intentionally or unintentionally derived from or containing material derived from the PNT may contain the novel compound(s) as per section 1 above, please address the following:
2.1 Toxicity and other biological activity. Provide data or valid scientific rationale to show the anticipated human toxicity and/or biological activity of any human food derived from or containing material derived from the PNT if inadvertently consumed by humans, as follows:
For protein expression products, the assessment of potential toxicity should focus on amino acid sequence similarity between the protein and known protein toxins and anti-nutrients (e.g. protease inhibitors, lectins) as well as stability to heat or processing and to degradation in appropriate/representative gastric or intestinal model systems. Acute oral toxicity studies using gram/kg bw doses of the novel protein are appropriate for assessing the potential toxicity of proteins. A negative result using doses in the gram/kg body weight range together with evidence that the protein is digested to small peptides and amino acids would provide assurance that the protein is not a toxin and is digested to nutrients as are the vast majority of dietary proteins.
Different types of in vivo or in vitro studies would be needed to assess the toxicity of introduced substances other than proteins that will be used for industrial purposes (e.g. oils, plastics). The types of studies are determined on a case-by-case basis and depend on the original source of the introduced substances and their function. Such studies may include assays of metabolism, toxicokinetics, chronic toxicity/carcinogenicity, impact on reproductive function, and teratogenicity.
2.2 Allergenicity
Expression products of protein origin would require assessment for their potential to cause allergic reactions. This assessment should include consideration of whether a newly expressed protein is one to which certain individuals may already be sensitive as well as whether a protein is likely to induce allergic reactions in some individuals.
The steps in assessing possible allergenicity of any newly expressed proteins involve determination of: the allergenicity of the source of the introduced protein; any similarity between the amino acid sequence of the protein and that of known allergens; and certain physicochemical properties, including but not limited to, its susceptibility to enzymatic degradation. The endpoint of the assessment is a conclusion as to the likelihood of the expressed protein being a food allergen. For more information on the assessment of potential allergenicity, please refer to Health Canada's Guidelines for the Safety Assessment of Novel Foods Derived from Plants and Microorganisms (2003).
2.3 Processing of plant material
Provide a description of the processing of the plant material highlighting areas where by-products are produced.
2.4 Information on donor organism
Provide any available information on the history of use in food of the donor organism(s).
Provide a critical assessment of the ability of the donor organism(s) to produce potentially toxic compounds, anti-nutritional compounds and/or endogenous allergens.
Appendix I Confined research field trial application form (PDF 9 kb)
Appendix II Fee submission for confined field releases (PDF 119 kb)
THE FOLLOWING TERMS AND CONDITIONS WILL BE IMPOSED ON ALL CONFINED RESEARCH FIELD TRIALS:
| Crop | Minimum Isolation Distance | Period of Post-Harvest Land Use Restrictions |
|---|---|---|
| Agrostis palustris (creeping bentgrass) | 300 m (without cropping) | 3 years |
| Beta vulgaris (sugar beet) | 3 m and harvest before flowering | 2 years |
| Brassica carinata (Ethiopian mustard) | 200 m from other Brassica spp. 50 m from weedy relatives |
3 years |
| Brassica juncea (brown mustard) | 200 m from other Brassica spp. 50 m from weedy relatives |
5 years |
| Brassica napus (argentine rape) | 200 m from other Brassica spp. 50 m from weedy relatives |
3 years |
| Brassica rapa (polish rape) | 400 m from other Brassica rapa 200 m from other Brassica spp. 50 m from weedy relatives |
5 years |
| Camelina sativa (camelina) | 400 m from Camelina spp. 50 m from Brassica spp. 50 m from weedy relatives |
5 years |
| Capsicum annuum (pepper) | 20 m | 1 year |
| Carthamus tinctorius (safflower) | 400 m | 2 years |
| Cucurbita pepo (squash) | 650 m | 1 year |
| Glycine max (soybean) | 10 m | 1 year |
| Hordeum vulgare (barley) | 10 m | 2 years |
| Lens culinaris (lentil) | 10 m | 1 year |
| Linum usitatissimum (flax) | 10 m | 2 years |
| Lolium perenne (perennial ryegrass) | 300 m (without cropping) | 3 years |
| Lycopersicon esculentum (tomato) | 20 m | 1 year |
| Medicago sativum (alfalfa) | 300 m (without cropping) | 3 years |
| Nicotiana tabacum (tobacco) | 400 m | 1 year |
| Phalaris canariensis (canary seed) | 10 m | 2 years |
| Picea spp. (spruce) | removal of seeds and pollen cones | 2 years |
| Pisum sativum (pea) | 10 m | 1 year |
| Populus spp. (poplar) | removal of inflorescences | 3 years |
| Sinapis alba (white mustard) | 400 m from other S.
alba 50 m from other Brassica spp. and weedy relatives |
5 years |
| Solanum tuberosum (potato) | one blank row (~ 1 meter) | 2 years |
| Trifolium repens (white clover) | 300 m (without cropping) | years |
| Triticum aestivum (wheat) | 30 m | 2 years |
| Vitus spp. (grapevine) | bagging of flowers | 3 years |
| Zea mays (corn) | 200 m | 1 year |
| Crop | Monitoring Frequency Trial Period |
Monitoring Frequency Post-Harvest Period |
|---|---|---|
| Agrostis palustris Huds. (creeping bentgrass) | weekly, daily and every third day* | every two weeks |
| Beta vulgaris L. (sugar beet) | weekly | every two weeks |
| Brassica carinata A. Braun (Ethiopian mustard) | weekly | every two weeks |
| Brassica juncea L. (brown mustard) | weekly | every two weeks |
| Brassica napus L. (argentine rape canola) | weekly | every two weeks |
| Brassica rapa L. (polish rape canola) | weekly | every two weeks |
| Camelina sativa (camelina) | weekly | weekly |
| Capsicum annuum L. (pepper) | every two weeks | every two weeks |
| Carthamus tinctorius L. (safflower) | weekly | every two weeks |
| Cucurbita pepo L. (squash) | weekly | every two weeks |
| Glycine max (L.) Merr. (soybean) | every two weeks | every two weeks |
| Helianthus annuus L. (sunflower) | weekly | every two weeks |
| Hordeum vulgare L. (barley) | every two weeks | every two weeks |
| Lens culinaris Medik. (lentil) | every two weeks | every two weeks |
| Linum usitatissimum L. (flax) | weekly | weekly |
| Lolium perenne L. (perennial ryegrass) | weekly, daily and every third day* | every two weeks |
| Lycopersicon esculentum Mill. (tomato) | weekly | every two weeks |
| Medicago sativa L. (alfalfa) | weekly, daily and every third day* | every two weeks |
| Nicotiana tabacum L. (tobacco) | weekly | every two weeks |
| Phalaris canariensis L. (canary seed) | every two weeks | every two weeks |
| Picea spp. (spruce) | monthly, twice a week during cone formation | monthly |
| Pisum sativum L. (pea) | every two weeks | every two weeks |
| Populus spp. (poplar) | monthly, twice a week during flowering and budburst | monthly |
| Sinapis alba L. (white mustard) | weekly | every two weeks |
| Solanum tuberosum L. (potato) | weekly | every two weeks |
| Trifolium repens L. (white clover) | weekly, daily and every third day* | every two weeks |
| Triticum aestivum L. (wheat) | every two weeks | every two weeks |
| Vitis spp. (grapevine) | monthly, weekly at pollen shed | monthly |
| Zea mays L. (corn) | weekly | every two weeks |
* These frequencies correspond to monitoring during the growing season prior to budding, at the onset of budding and after budding, respectively.
1 Transportation of harvested material and/or plant material harvested from the trial site includes the transport from the trial site to the disposal site or to a storage location, transportation from a storage location to another. Transportation also includes transportation to a destination to another until transportation to the final destination and disposal.