Subject

This directive introduces alternate phytosanitary import requirements for certified seed of wheat (including durum), barley, triticale and rye originating from the state of North Dakota and approved areas within the state of Montana.

A certified seed tag in combination with a Certificate of Origin is accepted in lieu of a Phytosanitary Certificate. At this time the state of North Dakota and approved areas within the state of Montana, which are free of the regulated pests Karnal bunt, dwarf bunt and flag smut of wheat, are allowed to participate in this pilot project. This provides as 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, Transshipped, In-transit and Domestic movement.

This revision was made to provide a link to the "List of Pests Regulated by Canada" as well as to add pests from that 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
• 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
    • 2.2.1 Permit to Import
    • 2.2.2 Certificate of Origin
    • 2.2.3 Certified Seed Tags
• 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 Approved Areas
  • Appendix 2: Example of an acceptable Certificate of Origin
  • Appendix 3: Sample Certificate of Origin from the State of North Dakota
  • Appendix 4: Sample Certificate of Origin from the State of Montana
  • Appendix 5: Example of an Official North Dakota Certified Seed Tag
  • Appendix 6: Example of an Official Montana Certified Seed Tag

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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 20, 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

The Canadian Food Inspection Agency (CFIA) is herein providing alternate phytosanitary import requirements for certified seed of regulated commodities: wheat (including durum), barley, triticale and rye originating from the state of North Dakota and approved areas within the state of Montana. A certified seed tag and a Certificate of Origin will be accepted for certified seed that meets all of the import conditions outlined in section 2.1.

Scope

This directive is intended for the use of the 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

Directive D-97-04: Application, Procedures, Issuance and Use of a Permit to Import under the Plant Protection Act.

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

Directive D-05-02: Pilot Project - Import requirements for wheat, triticale, rye and barley for non-propagative uses originating from the state of North Dakota and approved areas within the state of Montana.

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

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
Seeds Act, R.S. 1985, c.S-8
Seeds Regulations, C.R.C., c. 1400
Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part 1 (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 Canadian Food Inspection Agency Fees Notice website.

1.3 Regulated pests

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

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

1.4 Regulated Commodities

Certified seed of wheat (Triticum spp., including T. durum), triticale (X-Triticosecale), barley (Hordeum spp.) and rye (Secale spp.) originating from the state of North Dakota and approved areas within the state of Montana.

Other commodities such as grain, straw, hay and compost of wheat (including durum wheat), triticale, barley, oat, and rye are regulated by directives D-99-01 and D-05-02. Seed and grain for cleaning, screenings, chaff and hulls of, or derived from, barley, oat, rye, triticale and wheat are also regulated by the directive D-99-01.

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; middlings; 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

The state of North Dakota and approved areas within the state of Montana (Appendix 1).

2.0 Specific Requirements

2.1 Import Requirements

Regulated commodities (see section 1.4) from regulated areas must meet all of the following conditions:

• Originate only from North Dakota or approved areas within the state of Montana;
• Material must be clean and free from soil and regulated pests and regulated weeds;
• Be of certified status;
• Meet all pertinent requirements of the Seeds Act and Regulations;
• Be from the same lot number. Blended seed lots are not permitted;
• Must be produced, packaged and shipped directly from a facility within the regulated areas specified within section 1.6;
• The Importer must have a valid Permit to Import as specified in Section 2.2.1;
• Is accompanied by a Certificate of Origin issued by the state regulatory agency specified in Section 2.2.2;
• Tagged with an official certified seed tag as specified in Section 2.2.3;
• 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 project.

2.2 Documentation and Movement Conditions

Under this pilot project, a Phytosanitary Certificate is not required for certified seed of wheat (including durum), barley, triticale and rye originating from the state of North Dakota and approved areas within the state of Montana. A Permit to Import, official certified seed tags and a Certificate of Origin are required.

2.2.1 Permit to Import

An importer, residing in Canada, shall apply for this Permit to Import to the CFIA. A Permit to Import is required for each exporting state, but several exporters can be covered by the same Permit to Import. The importer shall be responsible for ensuring that the Permit to Import conditions are met. These conditions will be as follows:

• The Importer shall ensure that the seed imported is of certified status.
• Blended seed lots are not permitted.
• Under this program, only certified seed originating from North Dakota or an approved area within Montana is eligible.
• The seed shall be accompanied by a certified seed tag and a Certificate of Origin issued by the state regulatory agency in North Dakota or Montana.
• A Certificate of Origin and certified seed tags must accompany every consignment entering Canada and should be presented as requested by the CBSA or the CFIA ISC . The Importer must ensure that all the requirements outlined in this directive, regarding the Certificate of Origin and certified seed tags are met.
• The Importer shall ensure that the seed is cleaned prior to importation into Canada. If the seed is to be cleaned in Canada, the Importer is required to meet the requirements for import of seed for cleaning as outlined in Directive D-99-01.
• The Importer shall maintain a record of disposition of all seed consignments imported under this Permit to Import for a period of at least six months following the disposition of the entire consignment.
• The Permit to Import can be valid for up to two years.

For additional information regarding the issuance of a Permit to Import please consult D-97-04: Application, Procedures, Issuance and Use of a Permit to Import Under the Plant Protection Act.

2.2.2 Certificate of Origin

The Certificate of Origin shall:

• be completed by the exporter, where that exporter has entered into a compliance agreement with the North Dakota or Montana state Regulatory Agency authorized to issue Federal (or USDA) Phytosanitary Certificates; and
• indicate the name and address of the exporter; and the declared name and address of the consignee; and
• indicate the compliance agreement number for the compliance agreement the exporter has entered into with the State Regulatory Agency for the purposes of this Pilot Project and indicate the Permit to Import number; and
• provide distinguishing marks associated with the means of conveyance such as the trailer number or rail car number; and
• attest to the origin (place of production, i.e. state and county), the crop kind, variety and pedigree and the quantity, certification number and lot number of the seed in the shipment; and
• be validated only by an official of the State Regulatory Agency authorized to issue USDA Phytosanitary Certificates.

2.2.3 Certified Seed Tags

The Certified Seed Tags shall:

• be attached to all bags included in the shipment (or a Bulk Sale Certificate for bulk shipments); and
• be issued by the North Dakota or Montana State Regulatory Agency authorized to issue official certified seed tags; and
• indicate lot number, variety name, certification number, origin of the seed, date tested and net weight; and
• provide any other information required by the Seeds Act and Regulations.

3.0 Participants

The participants in this pilot program are:

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

4.0 Inspection Requirements

4.1 Document Verification

Prior to release for importation, the CFIA will verify that all the required documents accompany each consignment. Each certified seed tag and Certificate of Origin shall conform to the requirements specified in Section 2.2.2 and 2.2.3 of this Directive and be fully completed. A valid Permit to Import must be presented and verified prior to release for importation. The number of the Permit to Import must appear on the Certificate of Origin presented for release of the 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 the 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 Animal Health Act and Regulations, the Canadian Wheat Board Act and Regulations, the Canada Grain Act and Regulations.

Importers wishing to know more about these acts and regulations may contact the offices of the CFIA, the Canadian Wheat Board or the Canadian Grain Commission. 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 at www.inspection.gc.ca.

7.0 Appendices

Appendix 1: List of Approved Areas

Appendix 2: Example of an Acceptable Certificate of Origin

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

Appendix 4: Sample Certificate of Origin from the State of Montana

Appendix 5: Example of an Official North Dakota Certified Seed Tag

Appendix 6: Example of an Official Montana Certified Seed Tag

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Appendix 1

List of Approved Areas

State	Approved Area
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 Yellowstone1
North Dakota	All counties.

¹ Seed 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

Example of an Acceptable Certificate of Origin

To the plant protection organization of: CANADA

"This is to certify that the plants, parts of plants or plant products described below were produced and originated in the state(s) and county(ies) listed below".

Certificate Number:

State Compliance Agreement Number:

Import Permit Number:

Exporter's Name and Address:

Consignee's Name and Address:

Crop Kind:

Crop Variety and Pedigree:

Quantity imported
(Number and Description of Packages):

Distinguishing marks
(trailer number, rail car number):

Certification Number:

Lot Number:
Lot Size:
Origin (state and county):

Declared means of Conveyance:

I certify that the seed originated in the state of North Dakota and approved areas within the state of Montana or an approved county of Montana and complies with the origin requirements specified in the plant protection policy directive D-06-03 of Canadian Food Inspection Agency

 

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Appendix 3

Sample Certificate of Origin from the State of North Dakota

Click on Image for Larger View

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Appendix 4

Sample Certificate of Origin from the State of Montana

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Appendix 5

Example of an Official North Dakota Certified Seed Tag

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Appendix 6

Example of an Official Montana Certified Seed Tag