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Our File SUBJECTCanadian seed exporters have four options to meet American import requirements for seed. This directive outlines the four options to certify seed exports from Canada to the United States (US): 1) Phytosanitary Certificate, 2) USDA-PPQ form 925, 3) CFIA form 5289 or 4) the Canadian Phytosanitary Certification Program for Seeds (CPCPS) a quality system program which allows approved seed facilities to use CFIA label 5309. Table of ContentsReview 1. General Requirements 2.0 Specific Requirements 3.0 Appendices ReviewThis directive will be reviewed every five years unless otherwise needed. The next review date for this directive is January 9, 2011. The contact for this directive is Joanne Rousson. For further information or clarification, please contact the Grains and Field Crops Section. EndorsementApproved by:
Amendment RecordAmendments to this directive will be dated and distributed as outlined in the distribution below. Distribution
IntroductionOn January 22, 2002 the US implemented phytosanitary import requirements for all propagative seed shipments entering the US, for the purpose of preventing the entry of plant quarantine pests. Specifically, the US required that all seed shipments entering the US be accompanied by a Phytosanitary Certificate. The Canadian Food Inspection Agency (CFIA) has negotiated alternative certification options, which are described in this directive. ScopeThis directive describes the US phytosanitary standard that must be met in the certification of propagative seed for entry into the US. It also prescribes specific procedures, roles and responsibilities for seed packing and/or export facilities, seed testing laboratories, the CFIA and its approved third party inspection bodies, in the phytosanitary certification of propagative seed for exports to the US. References
Definitions, Abbreviations and Acronyms
1. General Requirements1.1 Legislative Authority The Plant Protection Act, s.c. 1990, c. 22 1.2 Fees The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. Exporters requiring information regarding fees may contact any local CFIA offices or visit us at our web site. 1.3 Regulated pests Refer to the US Federal Seed Act and Regulations at: http://www.access.gpo.gov/nara/cfr/waisidx_01/7cfr361_01.html. 1.4 Regulated Commodities Seed for propagation, all kinds, including but not limited to: agricultural seed, prohibited and restricted seed and vegetable seed. 1.5 Commodities Exempt Seed for consumption, processing or research* * seed is not intended for sale or propagation (except for seed grown in a laboratory for research purposes) and must be destroyed following research studies, and which is destined to a US research facility which has been granted an import permit from the USDA. 1.6 Regulated Areas Canada ( Note: also includes seed brought into Canada from another country). 2.0 Specific Requirements2.1 Canadian Phytosanitary Certification Options for the export of seed to the US The following export certification options are available to certify seed to meet the phytosanitary entry requirements of the United States. More details are provided in section 2.2. 2.1.1 Phytosanitary Certificate Phytosanitary Certificates are issued by Canadian Food Inspection Agency (CFIA) authorized certification officials based on inspection and/or laboratory testing of the shipment. Note: Phytosanitary Certificates will not be issued in support of the export label (CFIA 5309). 2.1.2 USDA - PPQ form 925 The United States Department of Agriculture - PPQ form 925, also referred to as a Seed Analysis Certificate, issued by any one of the CFIA accredited seed testing laboratories (Appendix 9). This form is accepted by the US to certify agricultural or vegetable seed of Canadian or US origin. It is typically used to certify seed lots for bulk shipments or in support of the export label CFIA 5309. Instruction on issuance of PPQ 925 is described in "Agricultural and Vegetable Seed for Export to the US: Reference Notebook for Canadian Seed." 2.1.3 CFIA form 5289 The CFIA form 5289 (Appendix 2) issued by any one of the CFIA accredited seed testing laboratories (Appendix 9). This form is accepted by the US to certify foreign origin seed (other than that seed grown in Canada or the US) or Canadian and US seed which is not classified as agricultural or vegetable seed. It is typically used to certify seed lots for bulk shipments or in support of the export label CFIA 5309. 2.1.4 CFIA 5309 - Seed Export Label The seed export label, CFIA 5309, can be used to certify seed exported by facilities which are certified in the Canadian Phytosanitary Certification Program for Seed (CPCPS). (see section 2.3). It is typically used to certify shipments of small packet seed. Except for US seed, laboratory testing supported by seed analysis certificates (either PPQ 925 or CFIA 5289) is required for each seed lot prior to using the export label (see section 2.2). 2.2 US Phytosanitary Import Requirements for Seed The US import requirements for seed are prescribed in the US Code of Federal Regulation 7 CFR part 361. 2.2.1 US seed not co-mingled with other seed A laboratory test is not required, however, the facility must have a quality system in place to ensure that the integrity of the US seed is maintained at all times. A Phytosanitary Certificate is not required, however, export label (CFIA 5309) must accompany the shipment. See section 2.3. 2.2.2 Seed of Canadian origin of US seed, co-mingled with Canadian seed 2.2.2.1 Agricultural and vegetable seed Seed must be free from noxious weeds without a tolerance (7 CFR 361.6(a)(1) and have fewer than 3 of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A Phytosanitary Certificate, a PPQ 925 or an export label (CFIA 5309) must accompany the shipment. 2.2.2.2 Other than agricultural and vegetable seed Seed must be free from noxious weeds without a tolerance (7 CFR 361.6(a)(1) and have fewer than 3 of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A CFIA 5289 must be issued by the CFIA accredited lab for each seed lot tested that meets the requirements. A Phytosanitary Certificate, a CFIA 5289 or an export label (CFIA 5309) must accompany the shipment. 2.2.3 Foreign seed (origin other than Canada or US) Seed must be free from soil, plant pests, prohibited and restricted seeds (see Appendix 3), and noxious weeds without a tolerance. If the seed is agricultural or vegetable seed, it must also have fewer than 3 of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A Phytosanitary Certificate, a CFIA 5289 or an export label (CFIA 5309) must accompany the shipment. 2.2.4 Seed exported to the US for research purposes (not contained in a laboratory) A Phytosanitary Certificate is required based on a visual inspection by an inspector certifying that the seed meets the phytosanitary entry requirements of the United States (as specified in section 2.2 of this directive). 2.3 Requirements for seed facilities to be approved in the Canadian Phytosanitary Certification Program for Seed (CPCPS) 2.3.1 Application for facility approval on the CPCPS The facility must submit an application (see Appendix 1) to their local CFIA office, along with a copy of their Quality System Manual, for review and approval by the CFIA. The quality system must contain the following elements described in sections 2.3.2 to 2.3.6. 2.3.2 Seed Sampling, Packaging and Shipping to laboratory procedures Except for US seed not entered into Canadian commerce and not co-mingled, the facility shall follow the sampling procedures as outlined in US 7 CFR 361.5 at http://www.access.gpo.gov/nara/cfr/waisidx_01/7cfr361_01.html. All seed samples must be submitted for testing to one of the CFIA accredited seed labs (Appendix 9). 2.3.3 Documentation Control procedures The facility must be able to demonstrate ongoing traceability of seed shipments (in their various forms, e.g., small seed lots) to the original seed lots, import documentation and/or their seed testing records. All seed shipments will have to be identified with a unique label (CFIA 5309) bearing a certified seed exporter number and a unique serial number. A copy of the invoice bearing a duplicate label must be kept on file at the facility. Each package of seed must be identified with a specific lot number linking it to the original seed lot, and all seed lots contained in a shipment must be indicated on the corresponding invoice. All records will have to be retained at the facility for a minimum of two years. 2.3.4 Segregation and Identification of Seed lots The facility must be able to identify each seed lot and demonstrate their ongoing ability to segregate seed which meets the US phytosanitary standard (see section 2.2) from seed which does not meet this standard. 2.3.5 Quality Control procedures The facility must be able to demonstrate how it prevents the export of non-complying seed to the US, including how it prevents contamination of compliant seed with non-compliant seed. 2.3.6 Export Certification Label Each facility approved under this program will be assigned a registration number. This number, as well as a serial number, appears on the export certification labels issued by the CFIA to the certified facility. The registration number and serial number make each export label unique. An example of an export certification label is shown in Appendix 7. The certified facility is responsible for paying all costs associated with obtaining export certification labels (original and duplicates), although they remain the property of CFIA. CFIA provides the specifications for the labels. An order form (Appendix 6) must be completed by the operator of a certified facility and provided to a CFIA inspector. CFIA staff authorize the printing of the labels and indicate the quantity and serial numbers to be used for the label print. 2.3.6.1 Shipments by Ground Transportation For shipments by ground transportation, eg., truck, the export certification label should be placed on a copy of the export label document (Appendix 8) which will be retained by the USDA at the port of entry and replaces the Phytosanitary Certificate normally required for the entry of the plants to the U.S. For consolidated shipments, a reference to all invoices moving under the individual certification label must appear on the label document specifying the contents of the entire shipment, or alternatively, a copy of all invoices comprising the shipment must be attached to the label document. 2.3.6.2 Shipments by Mail For shipments by mail, i.e., postal service, the export label (CFIA 5309) should be placed on the outside of the package. The accompanying invoices describing the contents of the shipment should be placed inside of the package. 2.4 Requirements for seed testing laboratories Refer to the CFIA Seed Laboratory Accreditation and Audit Protocol. 2.5 Requirements for CFIA and/or CFIA approved inspection bodies The CFIA, or the CFIA approved (see Appendix 10) inspection body, is responsible for review of facility applications, including their quality plans, and the conduct of annual program audits (see Appendices 4 and 5). In cases where a CFIA approved inspection body is involved, also refer to Seed Program Regulatory Authority Standard, SPRA standard 231. The CFIA is responsible for issuing a unique CPCPS facility number to facilities which have applied for and meet the requirements of the CPCPS. The CFIA is responsible for keeping a registry of approved CPCPS facilities and providing the United States Department of Agriculture, Animal Plant Health Inspection Service, Plant Protection and Quarantine (USDA-APHIS-PPQ) with an updated list of approved facilities. The CFIA is responsible for the control of all Phytosanitary Certificates, and auditing the use of forms CFIA 5289, PPQ 925 and export label CFIA 5309. The CFIA may suspend or revoke a facilitys approval status on the CPCPS, upon finding non-compliance to requirements specified in this directive. 3.0 AppendicesAppendix 1 - Application for Approval in the Canadian Phytosanitary Certification
Program for Seeds Appendix 1APPLICATION FOR APPROVAL IN THE CANADIAN PHYTOSANITARY
Conditions for exporting seed to the United States under the Canadian Phytosanitary Certification Program for Seeds. The facility shall follow the sampling procedures as outlined in the US Federal Seed Act, for all seed lots except those US seed which will not be co-mingled with other seed. All seed samples must be submitted for testing to one of the CFIA accredited seed labs.
I, _____________________________ the owner/operator in possession, care, or control of the above named facility have read and understood all the terms, conditions, obligations and requirements stated herein by which I may be certified to export seed for propagation, in accordance with the Canadian Phytosanitary Certification Program for Seeds. Further, I am and shall be responsible for and shall indemnify and save harmless Her Majesty the Queen in Right of Canada, including Canadian Food Inspection Agency, Her officers, Employees, Successors and Assigns, from and against all manners of actions, causes of action, claims, demands, loss, costs, damages, actions or other proceedings by whomsoever made, sustained, brought or prosecuted in a nay manner based upon, caused by, arising out of, attributable to or with respect to any failure, inadvertent or otherwise, by act or omission, to fully comply with the said terms, conditions and requirements. Dated _________________ 200_ at __________________, Province of _________________
Appendix 2CFIA 5289 - Certificate of Seed Analysis and Instructions to Labs CFIA 5289 - Certificate of Seed Analysis and Instructions for CFIA Accredited Labs for Completing CFIA 5289 Use form CFIA 5289 provided by the Canadian Food Inspection Agency (CFIA) for seed that is to be exported to the US when the seed is any one of the following: a) Any kind of seed that originated in countries other than Canada or the US, b) US origin seed that has been co-mingled with Canadian seed or offered for sale in Canada, c) Canadian grown seed that is not listed in the US Federal Seed Act and regulations (FSA) as an agricultural or vegetable seed. Use the USDA-APHIS-PPQ Form 925 for Canadian grown agricultural and vegetable seed, as listed in the US Federal Seed Act and regulations, or for US returned agricultural and vegetable seed that has not been commingled with other seed nor offered for sale in Canada. Instructions for completion of CFIA-5289: Top right corner: Assign a certificate number - Use the lab alpha code (see white tab of the USA reference notebook) followed by the last 2 digits of the calendar year, followed by "B", then the consecutive number of the certificate. For example, if the laboratorys alpha code is "A", then the first certificate the lab issues in 2002 will be: A-02-B-1. The second certificate will be A-02-B-2, etc. Block 1 Enter the name and mailing address of the person and company submitting the sample for testing. Block 2 Enter the date the certificate is issued. Block 3 If the laboratory assigns a test number, enter that number here. Block 4 Enter the name of the country in which the seed was grown. Note that if the seed lot is a mixture or blend of seed of different origins, the country of origin of each component of the mixture or blend must be stated. Block 5 Enter the common name(s) as provided by the exporter. The lab may abbreviate the common name to fit the space. Block 6 Enter the variety name or V.N.S. if the exporter does not state the variety. The FSA requires a variety name for vegetable seeds. Block 7 If the exporter provides a scientific name, enter it here. Block 8 Enter the seed lot designation provided by the exporter. It may be numeric, alphanumeric or alphabetical. Block 9 Enter the number and types of containers, and weight in lbs. or kgs., as provided by the exporter. Block 10 If the seed lot has been or will be treated, enter the name of the substance or process used to treat the seed. Substance names shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name. Block 11 Enter the name of the officially recognized sampler. Block 12 Add any other pertinent information supplied by the exporter. Block 13 If the kind is listed in the FSA, enter the common name as given in the regulations. If the kind is not listed in the FSA, enter the common name as provided by the exporter. If the seed lot is a mixture, list each kind separately and include percentage in the mixture. Block 14 If the kind is listed in the FSA, enter the scientific names as given in the regulations. If the kind is not listed in the FSA, enter the scientific name as given at http://www.ars-grin.gov/npgs/tax/taxgenform.html). If the seed lot is a mixture, list each scientific name separately. Block 15 Indicate if the seed is, or will be pelleted, coated, and/or treated. Put an "X" in any block that applies. Block 16 To be completed based on sample weight specified in the FSA for non-Canadian origin seed that is subject to the FSA. If the kind is not listed in the FSA, determine the noxious weed exam working sample weight by following the instructions in Section 2.3B of the AOSA Rules for Testing Seed. Note that the maximum working sample size is 500 grams. Block 17 Enter the scientific name of each kind of seed contaminant found in the seed lot. For seed which is not of Canadian or US origin, also record the presence of soil, quarantine-significant plant pests or prohibited or restricted seeds. NOTE 1: When plant pests (eg., diseases or live insects) are found, contact CFIA for identification assistance in determining whether they are of quarantine-significance and whether the seed lot meets the current US phytosanitary regulations. NOTE 2: Soil is defined in US regulations 7 CFR 330.100 as "The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts." NOTE 3: Prohibited or restricted seeds are prohibited or restricted by specific quarantines. Refer to appendix 3, "Status of Seeds Entering the United States for Planting". Kinds listed under Sections 2 and 3 of the document are considered to be prohibited or restricted seeds. NOTE 4: Noxious weeds listed in FSA Section 361.6(a)(1) are referred to in these instructions as "list 1" noxious weeds. Seed lots containing any of these weeds are prohibited from entry into the US. NOTE 5: Noxious weeds listed in FSA Section 361.6(a)(2) are referred to in these instructions as "list 2" noxious weeds. These weeds are only of concern when kinds listed in the FSA are found. If noxious weeds of list 2 are found, enter them in block 17 and see instructions in Block 18 2.b. These are the weeds in list 2: Canada thistle, Cirsium arvense (L.) Scop. Block 18 1. Seed of Canadian or US origin For a seed lot that is not listed in the FSA: put an X in the first box if the lot is free from prohibited or restricted seeds and noxious weeds of list 1. If any of these contaminants were found, do not issue the CFIA 5289. In this case, issue the laboratorys standard report of analysis, indicating the seed does not meet US phytosanitary requirements. 2. Seed which is not of Canadian or US origin a) For a seed lot that is not listed in the FSA: put an X in the first block if the seed lot is free from soil, quarantine-significant plant pests, prohibited or restricted seeds and noxious weeds of list 1. If any of these contaminants were found, do not issue the CFIA 5289. In this case, issue the laboratorys standard report of analysis, indicating the seed does not meet US phytosanitary requirements. b) For a seed lot that is listed in the FSA. i. Put an X in the first block if the sample is free from soil, quarantine-significant plant pests, prohibited or restricted seeds, noxious weeds of list 1, and fewer than 3 of the list 2 noxious weeds. If any soil, quarantine-significant plant pests, prohibited or restricted seeds or noxious weeds of list 1 are found, do not issue the CFIA 5289. In this case, issue the laboratorys standard report of analysis, indicating the seed does not meet US phytosanitary requirements. ii. Put an X in the second block if the sample is free from soil, quarantine-significant plant pests, prohibited or restricted seeds and noxious weeds of list 1, and there are 3 or more of the list 2 noxious weeds in the sample. Notify the exporter that the shipment will be refused entry into the United States. Instruct the exporter to notify the consignee in the United States that the shipment must be cleaned under USDA supervision before it can be released. The seed lot will be sampled at the port of entry and the consignee must hold the shipment intact until APHIS contacts them to set up supervision for the cleaning procedure. Put an X in the second block and fax a copy of the certificate to the USDA, APHIS Seed Examination Facility at (301) 504-8539. Block 19 Name and address of issuing laboratory. The lab may use a stamp, if they have one. Blocks 20 and 21 Name and signature of authorizing official. The person responsible for the content of the test information, usually the laboratory manager, signs here. Signatures may be preprinted or actual signatures. The person signing the certificate is certifying that kind names and the tests for contaminants are in accordance with the FSA and/or US phytosanitary requirements. Distribution of Copies 4 Total Original - Give to exporter. The exporter forwards this copy with the shipment; U.S. Customs will send this to the APHIS Seed Examination Facility when the shipment crosses the border. Copy 1 - Give to exporter. The exporter retains this copy. Copy 2 - Give to exporter. The exporter forwards this copy with the shipment; the importer keeps this copy. Copy 3 - Lab - file copy. IMPORTANT: EXCEPT FOR APPROVED FACILITIES AUTHORIZED TO USE CFIA 5309 (EXPORT LABEL) WHO ARE REQUIRED TO KEEP THE ORIGINAL COPY, THE LAB MUST INSTRUCT THE EXPORTER TO SEND THE ORIGINAL AND COPY 2 WITH THE SEED WHEN IT CROSSES THE BORDER. FAX copies are acceptable, but if they are used at the border, then the lab must mail the original to the Seed Examination Facility (See blue tab for address). NOTE The lab must advise the exporter that if a seed lot is sold to more than one consignee, the original Seed Analysis Certificate (SAC) will be sent with the first shipment. Copies of the original Seed Analysis Certificate will be acceptable for subsequent shipments. The Seed Examination Facility will keep track of the combined weights of shipments with the same SAC, ensuring the combined weight does not exceed the weight of the shipment entered in Block 9. Appendix 3PROHIBITED AND RESTRICTED SEED For a listing of seed kinds which the US considers as prohibited and restricted seed refer to sections 2 and 3 of the document entitled "Status of Seeds Entering the United States for Planting". Appendix 4Audit Checklist - Canadian Phytosanitary Certification Program for Seed Name of the facility: Location: Date: Name of Approved Inspector:
Appendix 5Classification of Non-conformance
Note: if more than two major non-conformities are detected during an inspection, the classification is changed to critical non-conformance.
The following non-conformities are classified as Critical non-conformance:
The following non-conformities are classified as Major non-conformance:
The following non-conformities are classified as Minor non-conformance:
Appendix 6ORDER FORM FOR THE CFIA 5309 - SEED EXPORT LABEL / FORMULAIRE DE COMMANDE POUR ÉTIQUETTES D'EXPORTATION DE SEMENCES - ACIA 5309 PART I / PARTIE I
ORIGINAL >> REGIONAL OFFICE/BUREAU
REGIONAL Appendix 7Seed Export Label (CFIA 5309) - Sample Appendix 8EXPORT LABEL DOCUMENT ATTENTION USDA PPQTHIS SHIPMENT CONTAINS SEED FROM CANADA COMPANY NAME:_____________________________________ COMPANY REGISTRATION NUMBER: __________________ 1. ATTACHED LIST DESCRIBING CONTENTS OF THE SHIPMENT, INCLUDES: (SEED KINDS, ORIGIN ETC.) or 2. ATTACHED INVOICES STICK PHYTO LABEL AT BOTTOM OF THIS LABEL DOCUMENT Appendix 9CFIA Accredited Seed Testing Laboratories
Appendix 10CFIA Approved Inspection Bodies Canadian Seed Institute Tel: (613) 236-6451 / 1-800-516-3300 |
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