Executive summary of the seed export task team final report
Seed regulatory modernization

The Canadian Food Inspection Agency (CFIA) is responsible for administering and enforcing the Seeds Act and Seeds Regulations. The main purpose of the Seeds Act and Seeds Regulations is to protect producers and consumers from misrepresentation, prevent the use of low quality seed, and to create a level playing field for companies and individuals involved in seed production.

For the most part, seed exports are exempt from the Seeds Regulations as prescribed in subsection 5(2) which states:

Seed that is labelled for export is exempt from the operation of paragraph 3(1)(a) of the Act in so far as it may be exported from Canada without conforming to the requirements set out in sections 6, 7, 9, 10, 16, 18, 19, subsection 20(5) and sections 21 and 23 to 31

These exemptions are related to the sections of the Seeds Regulations involving standards, use of variety names and labelling.

Seed certification systems around the world provide a framework for the certification of varietal identity and purity of agricultural seed moving in international trade. These systems authorize the use of labels and certificates for seed produced and processed according to agreed principles. Domestic seed certification systems often incorporate elements of international seed certification systems and in some cases align very closely with them. Currently, Canada participates in 2 international seed certification organizations: the Association of Official Seed Certifying Agencies (AOSCA) and the Organization for Economic Cooperation and Development Seed Schemes (OECD Seed Schemes).

Based on the initial topics suggested by the seed regulatory modernization working group, the seed export task team presented a work plan for the analysis and discussion of the following 5 topics:

• Seed sampling
• Seed testing
• OECD and European Union equivalency
• Digital approach to OECD certification
• Re-exports

The task team focused on 2 major opportunities:

• Ensuring a streamlined process for seed exports
• Maintain/increase harmonization with international requirements

For these 5 topics, a total of 5 options were proposed and discussed by the task team which generated 14 recommendations for presentation to the seed regulatory modernization working group:

Topic 1 - Seed sampling

• Keep the current program of operators and graders recognized as samplers for domestic and AOSCA sampling. Continue having the authorized exporter program as a voluntary program outside of Part IV of the Seeds Regulations
• Processes for the authorization of automatic samplers should be reviewed by CFIA

Topic 2 - Seed testing

• Continue with the current program for seed exports to the United States (US). Continue with the current authorized exporter (AE) program for OECD certified seed
• CFIA to explore options regarding audit frequency for AE Labs and AE establishments based on performance/compliance history
• CFIA to explore opportunities to streamline the paperwork process for the authorized exporter program by using a digital approach
• Encourage CFIA to engage with US authorities to gain a further understanding of issues and requirements related to coated seed
• CFIA to explore options allowing more testing for phytosanitary purposes by private labs
• Support for the following recommendation made by the seed testing task team:
  • Retain a Canadian specific seed testing rules document (M&P) but harmonize with the International Seed Testing Association (ISTA) and/or the Association of Official Seed Analysts (AOSA) rules by either referencing the applicable sections of ISTA or AOSA rules in the Canadian seed testing rules or inserting the applicable sections of ISTA or AOSA into the Canadian seed testing rules
• CFIA should review the use of PPQ 925 and CFIA 5289 forms to ensure that there is adequate oversight of the program

Topic 3 – OECD and European Union equivalency

• Upon acceptance within the European Union, remove the requirement for official crop inspectors to inspect fields of OECD Pre-Basic or OECD Basic seed lots being exported to the EU
• Consolidating existing systems into one system for registering a variety or listing a variety as eligible for certification through CFIA

Topic 4 – Digital approach to OECD certification

• CFIA and CSGA should explore options and opportunities to digitize the OECD seed export certification system
• CFIA should implement the International Plant Protection Convention (IPPC) electronic phytosanitary certificate (e-phyto) solution as soon as possible

Topic 5 – Re-exports

• CFIA should continue to develop a digital system that includes e-phytos