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

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Effective Date: October 25th, 2013
(4th Revision)

Subject

This directive presents an alternative phytosanitary option for Canadian importers of wheat, triticale, rye and barley for non-propagative end uses (e.g. grain) when originating from the state of North Dakota and approved counties within the state of Montana. Importers holding a valid import permit issued under the Plant Protection Act may import grains regulated by this directive when shipments are accompanied by a Certificate of Origin in lieu of 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).

This directive has been revised to update the review date, as well as minor administrative changes. The content of this directive has not changed.

Table of Contents

Review

This directive will be updated as required. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).

Endorsement

Approved by:

space
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 the state of North Dakota and approved counties in the state of Montana for non-propagative end uses. A Certificate of Origin is acceptable in lieu of a Phytosanitary Certificate for importations that meet the conditions outlined in this directive.

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

  • Directive D-96-07: Import requirements for screenings and grain and seed for cleaning
  • 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-01-06: Canadian phytosanitary policy for the notification of non-compliance and emergency action.
  • Directive D-06-03: 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
  • List of Pests Regulated by Canada

All other directives relating to phytosanitary requirements for field crop commodities may be found at:

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

Agriculture and Agri-Food Administrative Monetary Penalties Act, S.C. 1995, c. 40.

Canadian Food Inspection Agency Act, S.C. 1997, c. 6

Plant Protection Act, S.C. 1990, c. 22.

Agriculture and Agri-Food Administrative Monetary Penalties Regulations, S.O.R./2000-187.

Plant Protection Regulations, S.O.R./95-212.

Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part I (as amended from time to time)

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 Centre (ISC). Anyone requiring other information regarding fees may contact any local CFIA office or visit the Fees Notice section of the CFIA web site.

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.), triticale (X-Triticosecale), barley (Hordeum spp.) and rye (Secale spp.) originating from North Dakota and approved counties within in the state of Montana.

Other commodities such as seed, straw, hay and compost of wheat (Triticum spp.), triticale (x Tritosecale), barley (Hordeum spp.), rye (Secale spp.) and oats (Avena spp.) 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

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

2.0 Specific Requirements

2.1 Import Requirements

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

  • Originate only from North Dakota or approved counties within the state of Montana;
  • 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; and
  • Imported grain cannot be cleaned after importation into Canada, unless an "Application to handle imported screenings or to import grain/seed for cleaning in Canada" (D-96-07) has been completed by the importer and approved by CFIA; and
  • The product cannot be delivered to, stored or handled in a primary or terminal elevator; and
  • The Importer must have a valid Permit to Import as specified in Section 2.2.1; and
  • The grain will be accompanied by a Certificate of Origin issued by the state regulatory agency specified in Section 2.2.2; and
  • 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 directive.

2.2 Documentation and Movement Conditions

Under this directive, a Phytosanitary Certificate is not required for grain of wheat, barley, rye and triticale originating from the state of North Dakota and from approved counties 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.

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

An example of the information required to appear on a Certificate of Origin issued by State regulatory agencies is provided in Appendix 2. The certificate 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 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);
  • 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 Inspection

All shipments may be subject to inspection and sampling by the CFIA to ensure that regulated commodities and regulated articles are in compliance with Canadian phytosanitary import requirements. Import inspections may be conducted at either the port of entry or another place designated by the CFIA.

5.0 Non-Compliance

Please consult How does the CFIA respond to non-compliance? in the Plant and Plant Products Import Primer.

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 Appendices

Appendix 1: List of Approved AreasFootnote 1

Approved Montana counties:

  1. Beaverhead
  2. Blaine
  3. Broadwater
  4. Carter
  5. Cascade
  6. Custer
  7. Daniels
  8. Dawson
  9. Deer Lodge
  10. Fallon
  11. Garfield
  12. Glacier
  13. Golden Valley
  14. Granite
  15. Hill
  16. Jefferson
  17. Judith Basin
  18. Lewis and Clark
  19. Liberty
  20. Lincoln
  21. Madison
  22. McCone
  23. Meagher
  24. Mineral
  25. Musselshell
  26. Park
  27. Petroleum
  28. Phillips
  29. Pondera
  30. Powell
  31. Prairie
  32. Richland
  33. Roosevelt
  34. Sanders
  35. Sheridan
  36. Silver Bow
  37. Sweetgrass
  38. Toole
  39. Treasure
  40. Valley
  41. Wheatland
  42. Wibaux
  43. Yellowstone

Grain originating from 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.

North Dakota

All counties in North Dakota are approved to participate with this directive

Appendix 2: Example of the information required to appear on a Certificate of Origin issued by State regulatory agencies authorized to issue USDA phytosanitary certificates

Statement of Origin, Cereal Grain Exports to Canada

[Name of State Department of Agriculture included herein]
[Address of State Department of Agriculture included herein]

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:

Exporter's Name and Address:

Consignee's Name and Address:

Canadian Import Permit Number: P-XXXX-XXXXX

Crop Kind (barley, rye, triticale, wheat, oats):

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

Name of Authorized Officer
(State Department of Agriculture)

Date modified: