Subject

In 2005, Directive D-05-02 introduced alternative phytosanitary import requirements for wheat (including durum wheat), triticale, barley and rye (whole grain, not for propagation). A Certificate of Origin became acceptable in lieu of a Phytosanitary Certificate with declarations for freedom from Karnal bunt, dwarf bunt, and flag smut of wheat. At this time, the areas allowed to participate in this pilot program include the areas of North Dakota and Montana that are free of the pests Karnal bunt, wheat flag smut and dwarf bunt. This program provides an alternative to the requirement for a Phytosanitary Certificate as outlined in D-99-01: Barley, Oat, Rye, Triticale and Wheat - Phytosanitary requirements on Import, Transhipped, In-transit and Domestic movement and will be re-evaluated in 2010 following the completion of the pilot implementation phase.

This revision was made to provide a link to the list of "Pests Regulated by Canada" as well as to add pests from this list that could potentially be associated with the commodities covered under this directive.

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Table of Contents

• Review
• Endorsement
• Amendment Record
• Distribution List
• Introduction
• Scope
• References
• Definitions, Abbreviations and Acronyms
• 1.0 General Requirements
  • 1.1 Legislative Authority
  • 1.2 Fees
  • 1.3 Regulated Pests
  • 1.4 Regulated Commodities
  • 1.5 Commodities Exempt
  • 1.6 Regulated Areas
• 2.0 Specific Requirements
  • 2.1 Import Requirements
  • 2.2 Documentation and Movement Conditions
• 3.0 Participants
• 4.0 Inspection Requirements
  • 4.1 Document Verification
  • 4.2 Product Examination
• 5.0 Non-Compliance
• 6.0 Other Requirements
• 7.0 Appendices
  • Appendix 1: List of Areas Approved for this Pilot Project
  • Appendix 2: Sample Certificate of Origin from State of Montana
  • Appendix 3: Sample Certificate of Origin from State of North Dakota

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Review

This directive will be reviewed every 2 years unless otherwise needed. The next review date for this directive is July 30, 2011. The contact for this directive is Joanne Rousson. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).

Endorsement

Approved by:

Chief Plant Health Officer

Amendment Record

Amendments to this directive will be dated and distributed as outlined in the distribution below.

Distribution

1. Directive mail list (Regions, PHRA, USDA)
2. Provincial Government, Industry (determined by Author)
3. National Industry Organizations (determined by Author)
4. Internet

Introduction

After consultation with stakeholders, the CFIA is herein providing alternative phytosanitary requirements for the importations of wheat (including durum wheat), barley, rye and triticale originating from approved areas in the state of Montana and from the state of North Dakota to be used for non-propagative uses. A Certificate of Origin is accepted, in lieu of a Phytosanitary Certificate for importations that meet the conditions outlined in this directive:

1. The grain originates only from North Dakota and approved areas within the state of Montana which are free of dwarf bunt (Tilletia controversa), wheat flag smut (Urocystis agropyri) and Karnal bunt (Tilletia indica).
2. The grain is not intended for propagative purposes.
3. The product cannot be delivered to, stored or handled in a primary, transfer or terminal elevator.

The importer must apply for Permit to Import prior to importation of grain to Canada.

Scope

This directive is intended for the use of CFIA inspection staff and the Canada Border Services Agency (CBSA) in order to prevent the entry of regulated pests of cereals, including dwarf bunt, flag smut of wheat and Karnal bunt, into areas of Canada not currently infested with these pests. It is also intended for use by importers, shippers and customs brokers as a reference to the phytosanitary import requirements of the regulated commodities.

References

D-99-01: Barley, Oat, Rye, Triticale and Wheat - Phytosanitary Requirements on Import, Transshipped, In-Transit and Domestic movement.

D-96-07: Import Requirements for Screenings and Grain and Seed for Cleaning

D-06-03: Pilot Project - Import requirements for wheat, barley, triticale and rye for propagation originating from the state of North Dakota and approved areas within the state of Montana

FAO 2009, Glossary of phytosanitary terms, ISPM No. 5 Rome (updated annually).

This directive supersedes D-05-02 (2^nd Revision).

Definitions, Abbreviations and Acronyms

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

1.0 General Requirements

1.1 Legislative Authority

Plant Protection Act, S.C. 1990, c. 22
Plant Protection Regulations, SOR/95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part I (05/13/2000)

1.2 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported product, please contact the Import Service Centres (ISC) at the following phone numbers: Eastern ISC 1-877-493-0468; Central ISC 1-800-835-4486; Western ISC 1-888-732-6222. Anyone requiring other information regarding fees may contact any local CFIA office or visit our Fees Notice website.

1.3 Regulated Pests

• Cuscuta spp., dodder
• Orobanche spp., broomrape
• Striga spp., witchweed
• Tilletia indica Mitra, Karnal bunt
• Wheat attacking strains of Urocystis agropyri (Preuss) Shroeter, wheat flag smut or flag smut of wheat
• Tilletia controversa Kuhn, dwarf bunt
• Trogoderma granarium Everts, khapra beetle)

In addition to the pests listed above, which could be associated with the regulated commodities, consignments must be free from other pests on the list of "Pests Regulated by Canada".

1.4 Regulated Commodities

Grain (whole, not for propagation) of wheat (Triticum spp., including T. durum), triticale (X-Triticosecale), barley (Hordeum spp.) and rye (Secale spp.) originating from approved areas in the states of North Dakota and Montana.

Other commodities such as seed, straw, hay and compost of wheat (including durum wheat), triticale, barley, oat, and rye are regulated by the directive D-99-01 and D-06-03. Seed and grain for cleaning, screenings, chaff and hulls of, or derived from, barley, oat, rye, triticale and wheat are also regulated by directives D-99-01 and D-96-07.

1.5 Commodities Exempt

• Cooked grain; meal.
• Couscous; endosperm; flour; germ; gluten; pasta; semolina.
• Broken, chopped, crushed, flaked, ground, kibbled, pearled, rolled, or sliced grain.
• Bran; middling; milling run; shorts.
• Sprouted seed and seedlings for food or feed; malt; malt sprouts.

Note: Importers and shippers should be aware that all shipments may be subject to inspection to verify freedom from quarantine pests and practical freedom from injurious pests and soil.

1.6 Regulated Areas

Approved areas of the state of Montana and the state of North Dakota (Appendix 1).

2.0 Specific Requirements

2.1 Import Requirements

Imports of regulated grain (see section 1.4) originating from approved areas (Appendix 1) must meet all of the following conditions:

• Must be clean and free from soil and regulated weed seeds and other regulated pests.
• The grain is only to be used for non-propagative purposes.
• Imported grain cannot be cleaned after importation into Canada, unless an "Application to Import Grains for Cleaning" (D-96-07) has been completed by the importer and approved by CFIA.
• The product cannot be delivered to, stored or handled in a primary, transfer or terminal elevator.
• The Importer must have a valid Permit to Import as specified in Section 2.2.1.
• The grain will be accompanied by a Certificate of Origin issued by the state regulatory agency specified in Section 2.2.2.
• The grain will be imported, certified and monitored by the participants that are listed in Section 3.0 of this directive.

Note also that all options specified in D-99-01 are still valid as an alternative to the requirements specified in this pilot program.

2.2 Documentation and Movement Conditions

Under this pilot program, a Phytosanitary Certificate is not required for grain of wheat, barley, rye and triticale originating from the state of North Dakota and from approved areas within the state of Montana. A Permit to Import and a Certificate of Origin are required.

2.2.1 Permit to Import

The Permit to Import can be valid for up to two years.

The conditions and procedures for applying for a Permit to Import are found on CFIA's website.

For additional information regarding the issuance of a Permit to Import please consult D-97-14: Application, Procedures, Issuance and Use of a Permit to Import Under the Plant Protection Act.

2.2.2 Certificate of Origin

Examples of official certificates of origin issued by Montana and North Dakota are provided in Appendix 2 and 3 and shall be completed by the exporter, where that exporter has entered into a compliance agreement with the Montana/North Dakota State Regulatory Agency authorized to issue USDA Phytosanitary Certificates. The Certificate of Origin must be validated by an official of the State Regulatory Agency authorized to issue USDA Phytosanitary Certificates.

3.0 Participants

The participants in this pilot program are:

• Importers to whom the CFIA will have issued a Permit to Import;
• United States Department of Agriculture (USDA), Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ);
• The Montana Department of Agriculture (Agricultural Sciences Division) and the North Dakota Department of Agriculture (Plant Protection Division); and
• The CFIA with the cooperation of the CBSA

4.0 Inspection Requirements

4.1 Document Verification

Sections 2.2.1 and 2.2.2 contain the criteria to evaluate the Permit to Import and the Certificate of Origin. Prior to release, the CFIA will verify that all the required documents accompany each consignment.

4.2 Product Examination

All shipments of regulated commodities imported into Canada are subject to inspection and/or sampling and testing for regulated pests and soil contamination by an authorized CFIA inspector.

5.0 Non-Compliance

Shipments not meeting the phytosanitary import requirements of this pilot program will be refused entry or movement, returned to origin, re-exported, treated or destroyed at the importer's or shipper's expense. These expenses also include, but are not limited to, costs associated with quarantine actions resulting from accidental contamination caused and any seizure, confiscation and forfeiture of shipments.

The Permit to Import will be cancelled if an importer/shipper does not comply with conditions of the Permit.

Notifications of non-compliance will be issued in accordance with D-01-06: Canadian Phytosanitary Policy for the Notification of Non-Compliance and Emergency Action.

6.0 Other Requirements

The importation of cereals are also subject to the Seeds Act and Regulations; the Feeds Act and Regulations; the Health of Animals Act and Regulations; the Canadian Wheat Board Act and Regulations; the Canada Grain Act and Regulations; the Export and Import Permits Act and Regulations administered under the Department of Foreign Affairs and International Trade.

Importers wishing to know more about these acts and regulations may contact the offices of the CFIA, the Canadian Wheat Board, the Canadian Grain Commission or the Department of Foreign Affairs and International Trade. The provincial departments responsible for administering the provincial noxious weed or weed control legislation may be contacted for information on that legislation. Information is also available on the CFIA's web site.

7.0 Appendices

Appendix 1: List of Areas Approved for this Pilot Project

Appendix 2: Sample Certificate of Origin from State of Montana

Appendix 3: Sample Certificate of Origin from State of North Dakota

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Appendix 1

List of Areas Approved for this Pilot Project

Montana:

The counties of Beaverhead, Blaine, Broadwater, Carter, Cascade, Custer, Daniels, Dawson, Deer Lodge, Fallon, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith Basin, Lewis and Clark, Liberty, Lincoln, Madison, McCone, Meagher, Mineral, Musselshell, Park, Petroleum, Phillips, Pondera, Powell, Prairie, Richland, Roosevelt, Sanders, Sheridan, Silver Bow, Sweetgrass, Toole, Treasure, Valley, Wheatland, Wibaux and Yellowstone.¹

North Dakota:

All counties

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¹ Grain originating from the other counties of the state of Montana may be imported into Canada, if accompanied by a Phytosanitary Certificate with the appropriate additional declarations for the area of Canada they are imported into as defined in D-99-01.

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Appendix 2

Sample Certificate of Origin from State of Montana

Click on Image for Larger View

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Appendix 3

Sample Certificate of Origin from State of North Dakota

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