The ABCs of Seed Importation into Canada

Acronyms

AI: Authorized Importer
AIRS: Automated Information Reference System
CBSA: Canada Border Services Agency
CFIA: Canadian Food Inspection Agency
CSGA: Canadian Seed Growers' Association
CSI: Canadian Seed Institute
EDI: Electronic Data Interchange
ISC: Import Service Centre
PNT: Plant with Novel Trait
RSE: Registered Seed Establishment
SAC: Seed Analysis Certificate
SSTS: Seed Science and Technology Section

Table of Contents

A. Applicable Legislation
B. References and Contact Information
C. Seeds Act and Seeds Regulations Requirements
D. Acceptable Seed Analysis Certificate
E. Lot Designation
F. Seed Importation Paper Flow
G. CFIA Forms
H. Seed Import Instruction Notice
I. Separate & Intact
J. Release Decision
K. Exemptions from Import Documentation Requirements
L. Unregistered Varieties and Plants with Novel Traits (PNT)
M. Authorized Importers
N. Pre-clearance by Authorized Importers
O. Purposes of Importation
P. Conditioning
Q. Research
R. Seeding by the importer
S. Sale
T. Seed Importation Fee
U. Labelling Requirements for Seed upon Import
V. Non-traditional Seed Items
W. Seeds Regulated Under the Controlled Drugs and Substances Act
X. False and Misleading Information
Y. Lot size and Seed Importation Fees Explanatory Notes
Z. Approximate Number of Seeds per Gram

A. Applicable Legislation

A person importing seed into Canada must comply with Canada's Seeds Act and Seeds Regulations, and other applicable legislation.

This may include, but is not limited to:

• The Plant Protection Act and Regulations;
• The Pest Control Products Act;
• The Controlled Drugs and Substances Act;
• The Fertilizers Act and Regulations; and/or
• The Canadian Environmental Protection Act and Regulations.

The requirements in this document only pertain to seed for propagation purposes. Seeds being imported for human consumption, feed and/or food products are not subject to the requirements of the Seeds Act and Regulations.

The term "seed" is defined under the Seeds Act as "any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant".

It is the importer's responsibility to provide the information required for seed importation outlined in Section C and Section D and to ensure that seed imported into Canada is in compliance with the applicable legislation.

B. References and Contact Information

Please see the Automated Import Reference System (AIRS) for the import requirements of the Seeds Act and Seeds Regulations and of the Plant Protection Act and Regulations.

If a Plant Health Import Permit is required, please apply for a permit using the CFIA/ACIA Form 5256 and submit your application to the Import Permit Office.

For information related to the importation of non-indigenous plant taxa, either not present in Canada or not yet widely distributed in Canada, contact CFIA's Invasive Plant Section at Invasive Plant Section invasive.plants@inspection.gc.ca.

Seed contaminated with soil, pests and/or weeds may be refused entry into Canada. Please contact the Horticulture Section for more information regarding soil contaminants.

Any questions regarding the requirements for the importation of Plants with Novel Traits into Canada should be directed to the Plant Biosafety Office at pbo@inspection.gc.ca.

Any general inquiries regarding the importation of seed into Canada can be directed to the Seed Section at SeedSemence@inspection.gc.ca.

The National Import Service Centre (Toronto) contact information is:

7:00 a.m. to 3:00 a.m. (Eastern Time)
Telephone: 1-800-835-4486 (Canada or U.S.A.)
1-289-247-4099 (local calls and all other countries)
Facsimile: 1-905-795-9658

The Eastern Import Service Centre (Montreal) contact information is:

7:00 a.m. to 11:00p.m. (Eastern Time)
Telephone: 1-877-493-0468 (Canada or U.S.A.)
1-514-493-0468 (local calls and all other countries)
Facsimile: 1-514-493-4103

To find the local CFIA office nearest to the point of import please visit: http://www.inspection.gc.ca/english/directory/offbure.shtml

C. Seeds Act and Seeds Regulations Requirements

The Seeds Regulations prescribe specific document requirements in order to import seed into Canada. This is necessary in order to verify that seed imported into Canada is free of prohibited noxious weeds and meets the minimum standards for purity and germination for the seed in question.

In order to import seed, the importer must provide a signed statement/declaration including the following:

• the name of the species or crop kind being imported*;
• the weight of seed being imported;
• the lot designation of the seed (see Section E);
• the name and address of the exporter;
• the name, address and telephone number of the importer;
• for crop kinds requiring variety registration, the name of the variety (refer to the Seeds Regulations Schedule III);
• the country in which the seed was produced; and
• the intended purpose of importation (see Section O).

Please refer to the CFIA forms in Section G which were developed to facilitate the submission of import information.

The importer must also provide an acceptable certificate of analysis (see Section D) in order to ascertain freedom from prohibited noxious weed seeds, minimum purity standards and acceptable germination percentages.

* Importers are encouraged to provide both the common name and the scientific name of the species or crop kind being imported.

Please also refer to Section K for possible exemptions from these requirements.

D. Acceptable Seed Analysis Certificate

Acceptable seed analysis certificates (SACs) may be obtained from:

• officially recognized laboratories;
• CFIA accredited graders for large seeded crop kinds;
• seed testing laboratories operating under the supervision of a Senior or Associate member of the Commercial Seed Analysts' Association of Canada;
• seed testing laboratories operating under the supervision of a Registered Seed Technologist registered by the Society of Commercial Seed Technologist;
• a seed testing laboratory operated by or under the authority of a national or state government of a foreign country; or
• a laboratory accredited by the International Seed Testing Association.

These SACs must provide sufficient information on purity and germination to verify that the seed lot meets the minimum standards for importation.

The lot numbers on the SACs must correspond to the lot numbers of the seed being imported. Please also refer to Section E.

E. Lot Designation

The lot number or unique identifier is important for linking the information on various import documents. It must appear on the seed analysis certificate (SAC) and one or more of the other submitted documents, i.e., import declaration form, invoice or blend sheet. It is not sufficient for there to be a lot designation appearing only on the SAC, with no corresponding lot designation on other documents.

There is currently no clear space on the import declaration form for the provision of this information. Please enter this information into Box 20 of the form "Other References".

F. Seed Importation Paper Flow

Please note that this is a general description of the recommended paper flow when importing seed into Canada. This process may vary depending on the specific import.

The Canada Border Services Agency (CBSA) assigns each shipment a transaction number. The transaction number is a unique 14-digit number. This number is used to identify shipments at various times throughout the customs process. The CBSA assigns these numbers individually to shipments, or in bulk to brokers who can then assign them to shipments. Generally, a shipment has a transaction number prior to it arriving at the border.

The Import Declaration (CFIA/ACIA 4560), the Request for Documentation Review (CFIA/ACIA 5272) and the seed analysis certificate (SAC) are then submitted to the Import Service Centre (ISC) though the Electronic Data Interchange (EDI) or by fax. The ISC confirms that all necessary documents are present. The documentation is then forwarded back to the importer, as well as to the CFIA Saskatoon Laboratory - Seed Science and Technology Section (SSTS). The ISC may also notify the local CFIA office of the import's destination.

In order to facilitate rapid processing of imports, importers are encouraged to submit all appropriate import documentation to the ISC well in advance of the seed being imported into Canada. Please refer to the CFIA forms in Section G

The Authorized Importer import process is described in Section M.

G. CFIA Forms

Import information should be entered onto the Import Declaration Form (CFIA/ACIA 4560). The importer must sign the declaration form and send it to the Import Service Centre (ISC) closest to the point of entry.

The Import Service Centres and the Canada Border Services Agency (CBSA) also require the use of a Request for Documentation Review form (CFIA/ACIA 5272).

H. Seed Import Instruction Notice

At the time of importation, the importer presents all import documentation (seed analysis certificate, import declaration & Request for Documentation Review) to the CBSA (at the border, airport, port, etc.). If all documents are present, the seed can then be shipped to destination pending the release decision. When seed is authorized for importation into Canada by the Import Service Centre (ISC), the ISC will send a Seed Import Instruction Notice reminding the importer that seed must be kept separate and intact until a notice of release is granted by the Saskatoon Laboratory - Seed Science and Technology Section (SSTS). The notice also reminds the importer of the information and documents required to obtain the notice of release.

I. Separate & Intact

Until such time as a notice of release is issued by the Saskatoon Laboratory - Seed Science and Technology Section (SSTS) indicating that the seed meets the requirements of the Seeds Regulations, the importer is required to keep the seed separate from all other seed and intact in its packaging.

J. Release Decision

Upon submission of the required documentation, the Import Service Centre (ISC) will allow the seed to enter Canada pending a release decision. When seed is released to destination, the ISC forwards the import documentation to the Seed Science and Technology Section (SSTS) for review to determine if the imported seed meets the Canadian requirements including purity and germination. The SSTS will communicate with the importer directly.

The SSTS reviews all import documentation. Once it has been confirmed that the shipment meets the minimum standards under the Seeds Regulations, a notice of release is then issued. It is only at this point that the seed can be released and be sold or planted.

K. Exemptions from Import Documentation Requirements

The following are exemptions from the requirements outlined in Section C and Section D:

Please note that these are only exemptions from import documentation and not an exemption from the requirements of the Seeds Act and Regulations. Therefore, the importer is responsible for ensuring that all requirements are met, including freedom from prohibited noxious weed seeds regardless of the exemptions that apply.

1. Where the imported seed lot is 5 kg or less for large seeded crop kinds (such as peas, wheat, soybeans and corn) or is 500 g or less for small seeded crop kinds (such as alfalfa, tomato or canola), neither the import declaration information nor the seed analysis certificate need be supplied See Section Y for clarification of importations with multiple small seed lots.
   • In order to determine whether the species is "large seeded" or "small seeded", please refer to Section Z. Species with 200 seeds or fewer per gram are considered large seeded. Species with more than 200 seeds per gram are considered small seeded.
2. Where the seed is being imported for conditioning (refer to Section P) or for research purposes (refer to Section Q), the seed analysis certificates do not need to include information on the percent germination.
3. Seed analysis certificates and import declarations are not required for lots of herb seed that are 5 kg or less, or for flower seed, tree or shrub seed, true potato seed, ginseng, seeds of aquatic plants or onion/garlic multiplier sets. Please note: This exemption does not apply to wildflowers. Importations of seed lots of wildflower species or mixtures that are greater than 500 g require an import declaration and a seed analysis certificate. Please also refer to Section Y for an explanatory note regarding lot sizes.
4. For non-pedigreed seed of forage species, the name of the variety need not be supplied on the import declaration. However, if a variety name appears on any documents accompanying an imported seed lot of a crop kind subject to variety registration, suggesting that the seed is of a variety not registered in Canada, that seed cannot be imported into Canada for sale.

L. Unregistered Varieties and Plants with Novel Traits (PNT)

Varieties of most agricultural crop kinds must be registered under Part III of the Seeds Regulations in order to be imported into or sold in Canada. There are specific exemptions to this requirement set out in section 41 of the Seeds Regulations.

Unregistered varieties may be imported into Canada for:

• conditioning;
• research;
• seeding by the importer; or
• sale pursuant to subsection 5(4) of the Seeds Regulations.

However, unregistered varieties of wheat may only be imported into the Canadian Wheat Board Area (as defined in subsection 2(2) of the Seeds Regulations) for:

• conditioning;
• research; or
• sale pursuant to subsection 5(4) of the Seeds Regulations.

In order to determine if the species you are importing is subject to variety registration, please refer to Schedule III of the Seeds Regulations. In order to determine if the specific variety you are importing is registered, please refer to the Variety Registration page on the CFIA website.

When importing seed of unregistered varieties, importers should be aware that they may be subject to additional regulatory requirements under Part V of the Seeds Regulations if the seed is derived from a plant with a novel trait (PNT).

Transgenic plants and other plants with novel traits (PNTs) including viable plant parts derived from them such as fruit, tubers, seed and grains are subject to the import requirements outlined in Directive D-96-13.

A "novel trait", in respect of seed, means a characteristic of the seed that

1. has been intentionally selected, created or introduced into a distinct, stable population of cultivated seed of the same species through a specific genetic change; and
2. based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to any characteristic of a distinct, stable population of cultivated seed of the same species in Canada, having regard to weediness potential, gene flow, plant pest potential, impact on non-target organisms and impact on biodiversity.

Importation into Canada of any PNTs that have not been previously authorized for unconfined release into the Canadian environment under Part V of the Seeds Regulations requires a permit issued under section 43 of the Plant Protection Regulations.

For more information on how to import a PNT, please see Directive D-96-13 "Import Requirements for Plants with Novel Traits, including Transgenic Plants and their Viable Plant Parts".

Although other phytosanitary requirements may still apply, PNT-specific import requirements do not apply to seed conforming to the following exemptions:

1. PNTs authorized for unconfined release in Canada
   • PNTs that have been authorized for unconfined release into the Canadian environment under Part V of the Seeds Regulations have already undergone a safety assessment that includes an evaluation of their plant pest potential.
   
   For a list of PNTs that have been authorized for unconfined release in Canada, please see http://active.inspection.gc.ca/eng/plaveg/bio/pntvcne.asp.
   
   
2. Plants derived from those PNTs authorized for unconfined release
   • Plants that are further developed from, and are considered substantially equivalent to, an authorized PNT are also exempt from PNT-specific import requirements provided that the intended use is similar, the plants do not contain any additional novel traits, and have not been subject to interspecific breeding.

M. Authorized Importers

Registered Seed Establishments (RSEs) that have been registered as "Authorized Importers" (AI) upon the recommendation of the Canadian Seed Institute (CSI) need only provide their AI number along with the Request for Documentation Review Form (CFIA/ACIA 5272) at the time of importation. They are required to inform their local CFIA office within 30 days of the importation and provide the information required by subsection 40(3) of the Seeds Regulations.

If the seed meets the minimum importation requirements, the seed is released. AIs are required to retain a copy of the seed import release decision and supporting documentation. If the seed does not meet import requirements, the AI must communicate with the local CFIA office to arrange for appropriate corrective action.

N. Pre-clearance by Authorized Importers

Authorized Importers (AI) may issue import release decisions for non-authorized importers prior to the importation of the seed. The AI must notify the local CFIA office nearest to the destination of the seed prior to the importation. The non-authorized importer must supply the information required in Section C and Section D to the AI in advance of the importation. The importer must supply a seed import release decision issued by the AI along with the Request for Documentation Review Form at the time of importation. Not all Authorized Importers choose to supply this service to the public.

O. Purposes of Importation

When completing the import declaration, the importer must declare the purpose of the importation. Under the Seeds Regulations, there are five purposes of importation:

• sale (see Section S);
• conditioning includes conditioning for re-export (see Section P);
• research (see Section Q);
• seeding by the importer (see Section R); or
• sale/resale pursuant to subsection 5(4) of the Seeds Regulations.

P. Conditioning

The term "conditioning" means to prepare by cleaning, processing, packing, treating or changing in any other manner the nature of a seed lot. Seed imported for conditioning is exempt from most standards under the Seeds Act and Regulations. However, the importer must provide an acceptable seed analysis certificate at the time of importation to show the lot is free of any prohibited noxious weed seeds. Prior to conditioning, this lot is to be released even though it does not meet a minimum grade standard, on the basis of the conditioning exemption. If imported seed will be further cleaned after arrival in Canada please contact the Import Permit Office.

Q. Research

The following are examples of what is considered research for the purposes of the Seeds Regulations only and should not be used to interpret any other regulations.

• Variety registration trials conducted for the purposes of generating data to be reviewed by a committee that is recognized by the Minister as a variety registration recommending committee; and
• Scientific evaluation, such as adaptation trials and/or pest control trials, conducted by a recognized university, provincial or federal department of agriculture or by a plant breeder recognized by the Canadian Seed Growers’ Association (CSGA); or confined research field trials conducted under the authority of the Part V of the Seeds Regulations.

Please note that where imported seed is to be crushed and analyzed for chemical purposes, there are no requirements under the Seeds Regulations as the seed is not being imported for propagation. Similarly, where seed is being imported for purity and germination analysis and not for further propagation, the seed is exempt from the requirements of the Seeds Regulations.

R. Seeding by the importer

Seeding by the importer is defined as the planting of seed on one's own land or on land rented by the owner of the seed.

S. Sale

Sale is defined by the Seeds Act as including: agree to sell, or offer, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration.

T. Seed Importation Fees

For the purposes of calculating fees:

"small shipment" means an imported seed shipment that weighs less than

1. 5 kg, in the case of large seeded crop kinds; and
2. 500 g, in the case of small seeded crop kinds.

There are no fees for the small shipments described above. For all other shipments by non-Authorized Importers, the fees are:

• For a shipment of 1,500 kg or less.............................$15.00
• For a shipment of more than 1,500 kg.......................$0.01 per kg

Authorized Importers (AI) pay an annual authorization fee and are exempt from fees for individual shipments. Please also refer to Section Y for further explanatory notes regarding seed importation fees and lot/shipment sizes.

U. Labelling Requirements for Seed upon Import

Seed is exempt from most of the labelling requirements of the Seeds Regulations at the time of import pursuant to subsection 22(2). However, this exemption is not absolute; the seed must still be labelled with the following prescribed information at the time of import:

1. Seed that has been treated with a pest control product
   
   Where seed has been treated with a pest control product, it must be stained with a conspicuous colour. The seed package must also be marked with the precautionary symbol and signal word prescribed by the Pest Control Products Regulations to indicate the nature and degree of risk inherent to the pest control product along with one of the following statements:
   • "Do not use for food or feed. This seed has been treated with (common or chemical name of pest control product)"; or
   • "Ne pas utiliser pour l'alimentation des personnes ou des animaux. Cette semence a été traitée avec (nom commun ou chimique du produit antiparasitaire)"
   
   Please note that there may be additional requirements under the Pest Control Products Act when importing seed that has been treated with a pest control product.
2. Label contains a claim that the seed is suitable for shady places
   
   Where seed is described on the label as being suitable for shady places, it must contain no less than forty percent (40%) by weight, of Chewing's fescue, creeping red fescue, or rough bluegrass seed.
   
   Please note that the seed must meet the labelling requirements set out in the Seeds Regulations prior to being sold.

V. Non-traditional Seed Items

The Seeds Act and Regulations apply to the following:

• seed mixed with or attached to any fertilizer, soil, compost, peat, moss, mica, plastic, paper, cellulose or other material including artificial seeds (e.g. seed attached to paper gift cards that directs the purchaser that the packaging/card may be planted to grow plants, seed/fertilizer mixtures, seed coated with polymers, seed tapes, seed mats and lawn patch mixtures); and
• seed designed to be grown in pots for grazing by domestic house pets (e.g. Catgrass).

The applicable provisions of the Fertilizers Act and Regulations apply if a seed contains a fertilizer or supplement component as defined by the Fertilizers Act. The Canadian Environmental Protection Act may also apply.

Please note that "Catgrass" seed is not a recognized species but is rather the end use of a number of possible species such as wheat, barley and oats. It is important for importers to clearly specify the species or kind of seed as well as the variety being imported, e.g., oats, barley, etc. as catgrass. Forage oats are exempt from variety registration, and therefore can be imported and sold without being of a registered variety.

The following seed imports are not subject to the requirements of the Seeds Act and Regulations:

• items such as pottery objects with seeds for ornamental sprouting purposes (Chia Pet);
• seed for the production of sprouts for human consumption (e.g. alfalfa and bean sprouts);
• seeds that are attached to an item solely for decorative purposes (e.g. jewellery made of seeds or pens containing seed in clear tubes);
• seed not represented for the purpose of growing plants;
• seed being imported for use in a food product such as mustard seed or cumin seed;
• seed being imported for laboratory analysis including purity and germination; and
• seed that is imported to be crushed and analyzed for chemical purposes.

W. Seeds Regulated Under the Controlled Drugs and Substances Act

Seeds may also be regulated under the Controlled Drugs and Substances Act.

Importers of industrial hemp, in the form of seed, must be licensed by Health Canada. In addition to holding a licence, they are also required to obtain a permit from Health Canada for each shipment. For more information, please contact the Industrial Hemp Section, Health Canada. Additional information concerning the application for an industrial hemp licence can be obtained from the Health Canada website.

X. False and Misleading Information

It is a contravention of the Seeds Act to provide false or misleading information orally or in writing to an inspector or other officer engaged in carrying out his/her duties or functions under the Act.

Examples include:

• importing seed for own use (seeding by the importer) and then subsequently selling the seed; and/or
• importing seed for research and then subsequently selling the seed.

If following the importation, the importer’s intentions for the seed change, the importer must submit a revised import declaration to:

• The Saskatoon Laboratory - Seed Science and Technology Section (SSTS), if the notice of release has not been issued; or
• The nearest CFIA office, if the notice of release has been issued.

Similarly, importations of wheat as grain for food or feed use may not be subsequently used for the purposes of plant propagation unless the required importation documentation has been submitted to the SSTS and a notice of release is issued.

Y. Lot size and Seed Importation Fees Explanatory Notes

1. When determining the weight of seed being imported for the purpose of determining fees and lot sizes, the weight of the seed refers only to the weight of the seed itself. The weight does not include any seed coatings, seed packaging material or any material to which the seed is attached, e.g., seed tape.
2. For the purposes of determining whether a “small lot” exemption applies, “seed lot” refers to a quantity of seed to which a unique identifier (such as a variety name or seed lot number) is assigned. There may be one or more packages that make up the seed lot being imported.

For example:

• If a seed shipment contains:
  • 250 envelopes, each containing 1 g, of carrot seed of a variety called "Fred" (250 envelopes x 1 g); and
  • the carrot seed is accompanied by equal lot sizes of tomato, beet, and bell pepper seed (3 x 250 g).
• Then:
  • the seed lot sizes are each 250 g; and
  • the total weight of the seed shipment is 1 kg (4 x 250 g).
• Therefore:
  • the individual seed lots would meet the small lot exemption (small seeded, <500 g) (Section K); and
  • the shipment would be subject to the minimum $15 import fee (shipment is more than 500g but less than 1,500 kg) (Section T).

Z. Approximate Number of Seeds per Gram

• Species ≤ 200 seeds per gram = Large seeded species
• Species > 200 seeds per gram = Small seeded species

Source: Association of Official Seed Analysts, 2010