Executive summary of the seed certification task team final report – seed regulatory modernization

The Canadian Food Inspection Agency (CFIA) is committed to a full-scale review of the following parts of the Seeds Regulations:

• Part I – Seeds other than Seed Potatoes
• Part II – Seed Potatoes
• Part III – Variety Registration
• Part IV – Registration of Establishments that Prepare Seed and Licensing of Operators

The objective of the seed certification task team was to provide recommendations in a report to the seed regulatory modernization (SEED-RM) working group (WG) on opportunities for improvement with respect to how the Seeds Regulations govern seed certification in Canada.

The Seeds Act and Seeds Regulations have undergone periodic amendments and modernizations since the first laws were established in 1905. During this current initiative the CFIA is looking to update the Seeds Regulations to:

• improve responsiveness and consistency
• reduce complexity
• become adaptable and flexible to address future technical advances and scientific innovation
• protect producers and consumers by strengthen existing requirements

Canada's seed certification system is internationally recognized and respected for producing high quality seed as it ensures varietal identity, varietal purity, germination and mechanical purity. In Canada, for seed to be certified it must:

• be of a recognised variety (covered by the variety registration task team)
• be multiplied and maintained to strict process standards
• meet crop varietal purity standards established by the Canadian Seed Growers' Association (CSGA)
• meet physical purity, germination and disease standards set out in the Seeds Regulations

The seed certification task team, with support provided by government representatives and feedback from an advisory group of seed sector stakeholders and one expert on registered seed establishments, was composed of 17 members:

• 6 from seed industry
• 5 from producer groups
• 5 from commodity/value chain associations
• 1 non-governmental organization

The lack of flexibility and the inability to adapt standards and requirements quickly to industry changes has been identified as a challenge to stakeholders. Based on the initial topics suggested by the seed regulatory modernization working group, the task team presented a work plan for the analysis and discussion of the following 8 topics:

• Varietal purity
• Variety names
• Seed crop production rules and regulations
• Crop inspection
• Registered seed establishments
• Varietal blends
• Mixtures
• Big picture discussion – should there be a seed certification system in Canada

The task team focused on 3 major opportunities for improvement:

• Ability to adapt the standards and requirements to changes occurring within the seed sector
• Simplifying standards for sale of seed in Canada
• Strengthening existing requirements

The task team discussed multiple options considering the pros/benefits and cons/risks of each possible option prior to providing recommendations on each topic. Each task team topic report submitted to the seed regulatory modernization working group (SEED-RM WG) is available in the seed certification task team final report. A total of 27 options were proposed and discussed by the task team which generated the following 29 recommendations being presented to the Seed-RM WG:

Topic 1 – Varietal purity recommendations

• Continue to use option 3: status quo where field inspections for pedigreed seed certification is the primary assessment for varietal purity in the field but allow flexibility in the system to adopt other options, including biochemical and molecular techniques (BMTs) in the future if required
• The use of BMTs could be an additional tool to confirm the varietal identity and/or the presence of off-types and variants in the field during crop inspection
• Maintain option 3: status quo for the seed varietal purity standards

Topic 2 – Variety names recommendations

• The seed certification task team recommends option 3: maintain restrictions on the use of variety names for certain crop kinds and species to pedigreed seed sold in Canada with incorporation by reference (IbR) of Schedule II in the Seeds Regulation with the provision that the CFIA controls the document and consults extensively prior to any changes
• The CFIA should be the entity to control an IbR document for Schedule II
• The common seed task team should further discuss the "variety names" topic to provide the Seed-RM WG with a fulsome discussion from a pedigreed and non-pedigreed seed perspective
• If option 2 (do not restrict the use of variety names on all crop kinds and species sold in Canada) is considered by the Seed-RM WG or the common seed task team, then the "variety names" topic should be discussed by the information (records and labelling) task team to determine if this should be a mandatory or voluntary requirement on non-pedigreed seed sold
• Consider a seed specific IbR policy document prior to adding/removing a crop kind or species listed in an IbR document of Schedule II
  • This document should include:
    • the duration of a consultation period
    • the impacted stakeholder groups to be consulted

Topic 3 – Seed crop production rules and regulation recommendations

• The seed certification task team recommends option 1: CSGA should continue to broaden their consultation process to include key stakeholders in the value chain when seed crop production rules and procedures are modified through the regulatory service committee
  • The CSGA should continue to set the national standards for pedigreed seed crops and remain as the single body issuing pedigreed seed crop certificates
• There should be 1 national seed crop production rules and regulations
• The seed certification task team supports continuing to allow breeders/ variety developers or variety distributors to specify higher voluntary requirements and additional certification requirements for their own varieties

Topic 4 – Pedigreed seed crop inspection recommendations

• There was general support for option 5:
  • the CFIA maintains flexibility to improve and develop inspection procedures and licensed seed crop inspector (LSCI) training material
  • explore options for delivering practical training
  • the CFIA continues to evaluate LSCI
  • the CFIA continues to deliver oversight activities on authorized seed crop inspection services (ASCIS) and LSCIs
• The other options in this report should also be further explored as they are not mutually exclusive to option 5 as there is flexibility in the current system to encompass these options such as:
  •  increasing the scope of non-third party inspections to include other crop kinds
    • other companies and seed growers to inspect their own seed crops
  • review check inspection frequencies and re-design the oversight system
  • LSCI training and mentoring to be delivered by an ASCIS and the CFIA only conducts the evaluation

Topic 5 – Registered seed establishment recommendations

• The task team recommends improving the current system to enhance flexibility, which could be achieved by option 4: incorporation by reference (IbR) Part IV of the Seeds Regulations
  • The task team identified a benefit if the CFIA were to control this IbR document but would like the Seed-RM WG to further discuss who should be responsible as part of their 'big picture' topics
• The topics on digitalization and labelling requirements should be further explored by the information (records and labelling) task team
• The discussion on common seed processing and grading should be considered a topic for the common seed task team

Topic 6 – Varietal blends recommendations

• The task team recommends option 2: simplify the requirements by eliminating the varietal blend restrictions and grade names to allow pedigreed seed of different varieties mixed by an approved conditioner (AC) to be sold as certified seed of a varietal blend
• The discussion on the requirements for labelling, records, transparency, traceability and information availability to support option 2 should be considered as a topic for varietal blends with the information (records and labelling) task team

Topic 7 – Mixtures recommendations

• Option 2: any single component of seed issued a crop certificate must meet the requirements for a Canada pedigreed grade name (for example, Canada Certified No.1) to be mixed together and sold as a mixture of certified seed in Canada for all crop kinds and species with the exception of forages and turf
• Option 3: Any crop issued a crop certificate could be blended together by an AC then graded to meet an established standard for a mixture of certified seed for forages and turf crop kinds and species
• The requirement for common mixtures, including the use of the Canada grade name, should be further discussed by the common seed task team
• The discussion on the requirements for labelling, records, transparency, traceability and information availability to support the recommendations for mixtures of certified seed should be explored by the information (records and labelling) task team

Topic 8 – Big picture: should there be a seed certification system in Canada recommendations

• Yes, there should continue to be a seed certification system in Canada
• Flexibility to use alternate pathways or methods for seed certification in Canada
• Ensure the current processes for oversight, traceability, transparency and accountability are adaptable, accessible and balanced in the Canadian seed certification system
• Regulatory agility to encompass sustainability needs in the future
• Flexibility to update the Weeds Seed Order should be discussed by the seed standards and grade tables task team
• The concept of more varieties versus better varieties discussion should be deferred to the variety registration task team
• Information requirements including a single digital platform, oversight, transparency, labelling, traceability and accessibility should be further explored by the information (records and labelling) task team