ALL NON-PEDIGREED (COMMON) SEED that has been advertised for sale MUST BE TESTED for purity and germination prior to labelling with a grade name for sale in Canada.
If requested by a purchaser, every vendor of seed must supply purity and germination test results, in writing, within 30 days of the request. Seed must be tested using recognized standard procedures such as the “Canadian Methods and Procedures for Testing Seed”.
NOTE:
Items 4, 5 and 6 must appear on each package in the lot. In the case of cereals, cereal mixtures and single species forage seed, all other items may accompany the seed (e.g., on an invoice). If seed is sold in bulk, all the information must be provided at the time of sale.
In the case of forage seed mixtures, in spite of item 10, the label may show the name and percentage of each kind or species of seed in a package that singly constitutes 1% or more by weight in the mixture. In addition, all required information must be on the principal display panel of the package if the labelling information is on the package or on one side of the tag or invoice if the labelling information is on the tag or invoice, and all information must be presented using a consistent size of type.
Exemptions:
In cases of the sale of non-pedigreed (common) seed, the seed is exempt from the labelling requirements listed in points 1, 2, 3, 7, 9, 10 and 11 provided the original producer (seller) has not advertised the seed for sale AND the purchaser takes possession of the seed at the location where the seed was grown.
In the case of species not listed in Schedule I to the Seeds Regulations, there is no germination standard. Therefore, there is no requirement for germination testing for these species and no requirement to provide information on germination rate to the purchaser of the seed.
The use of variety names (or modified or qualified variety names) on any label or package of Common seed is PROHIBITED for crop kinds listed in Schedule II of the Seeds Regulations. The use of variety names (or modified or qualified variety names) is also PROHIBITED on any invoice, circular or advertising related to Common seed for crop kinds list in Schedule II of the Seeds Regulations (e.g., an advertisement for “Seed Oats, Common No. 1, Lot # Rodknee” illegally uses part of the variety name Rodney).
These requirements also apply where the variety has been protected under Plant Breeders’ Rights in Canada. However, this does not limit the holder of the right from taking appropriate enforcement action against anyone advertising and/or selling seed of the variety which may be used for propagation purposes.
If you have any questions or concerns about the Seeds Regulations, please contact your local CFIA seed inspector.