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Seed Standards Review - Industry Up-date

June 2003

BACKGROUND:

In the spring of 1997, a review was initiated to identify potential improvements to the seed standards and, through consultation, to reach consensus on amendments to the Seeds Regulations and Weed Seeds Order. A Round I Consultation Document was prepared by a Steering Committee composed of the Canadian Food Inspection Agency (CFIA - Seed Section and Central Seed Laboratory) and representatives from the major national seed organizations (Canadian Seed Growers' Association (CSGA), Canadian Seed Trade Association (CSTA) and Commercial Seed Analysts Association of Canada (CSAAC)). It was circulated to seed industry stakeholders listing potential changes. The steering committee had a second meeting on September 24, 1997 to evaluate the suggested modifications to the seed standards.

In June of 1999, a Round 2 Consultation Document was made available for comment. This document was circulated to the Steering Committee for further distribution to their members and has been posted on the Seed Section website since that time. Records have been kept of feedback related to the Round 2 Consultation Document as well as any additional correspondence commenting on the seed quality standards or the Weed Seeds Order. However, the Seed Standards Review has essentially been on hold since 1999 pending staffing action in the Seed Section.

Work has resumed on the Seed Standards Review and modifications to the Seeds Regulations and Weed Seeds Order that were identified in Round 2 for which there was unanimous, near unanimous or general consensus for change from industry stakeholders are being proposed for implementation. In addition, the Seed Section wishes to address a number of issues that have come to its attention since activity on the Seed Standards Review lapsed in 1999.

The modifications involve addressing a number of general issues, some additions and deletions to the Weed Seeds Order, plus a few specific changes to the grade tables found in Schedule I of the Seeds Regulations. In general, these changes constitute minor clarifications or alterations of pre-existing provisions with little or no negative impacts on the general public or the environment. Broader changes in how the seed industry is regulated may come about as a result of the major review of Canada's seed policy framework that is currently underway.

1. AMENDMENTS SUPPORTED IN THE INITIAL CONSULTATION PERIOD:

A. General

(i) Nomenclature review

The taxonomy of plants is under continuous review by the scientific community. Recently there have been major revisions to the nomenclature of certain groups of plants (eg. most of the Agropyron species listed in Table XI have had changes to their scientific names). The CFIA Central Seed Laboratory, in conjunction with other interested parties, reviewed the naming of all plant species listed in Schedule I and the Weed Seeds Order with the objective of updating the names to reflect current accepted practice. This will harmonize Canada with other countries and result in less confusion with seed traded internationally. It is proposed that names be changed to conform with the United States Department of Agriculture/Agricultural Research Service's Germplasm Resources Information Network (GRIN). The GRIN list was chosen because it is comprehensive, a significant effort was put into creating the list, it is accessible on the internet, and is used by the Association of Official Seed Analysts (AOSA) and therefore by our major trading partner. In addition, the International Seed Testing Association (ISTA) consulted the GRIN database in compiling their List of Stabilized Plant Names.

(ii) Clarify "free from" and "prohibited"

The expression "free from" appears in subsections 7(2), (3) and (5) of the Seeds Regulations and applies to Tables I, II, III and VII. Originally, "free from" was use in conjunction with a labelling standard to require that crop seed was to have no seed of the particular weed species, unless the package was marked with the name of the weed. Later, "free from" came to mean that the original sample could not have any seed of the specified species but that one seed would be allowed in subsequent samples (i.e., a tolerance would be applied). It means that no (i.e., 0) tartarian buckwheat (in the case of western Canada) or wild oats (in the case of eastern Canada) can be found in the original grading sample for Tables I, II and III and, in the case of Table VII listed species, no cleavers can be present. A tolerance is applied in the case of monitoring samples.

"Prohibited" means that no seeds of the species in question shall be present in a seed lot. Historically, seed containing any "prohibited" noxious weed seed was deemed to be "rejected" and therefore unsuitable for seeding in Canada. No tolerances applied and if prohibited noxious weed seeds were found in subsequent examinations, the seed would be removed from the marketplace. Recently, tolerances have been applied in monitoring samples. It has been proposed that if during the course of monitoring seed, a prohibited noxious weed seed is found, inspectors will be instructed to draw an additional sample of seed, two times the size of the original sample. If examined and found to contain another prohibited noxious weed seed, the seed lot will be detained and corrective actions taken.

B. Grade Tables

TABLE I

1. It is proposed that the maximum number of ergot bodies per kg be changed from 1 to 2 for both Canada Certified No. 1 and Common No. 1.

   Ergot (Claviceps purpurea) is a fungal body that replaces the kernel in the heads of many cereal and grass species. With the exception of oats, which is rarely affected, the major cereals are all susceptible with rye and triticale, because of their outcrossing nature, being the most liable to infection. In addition to causing a reduction in yield, ergot may be poisonous if ingested at high enough levels.

   This modification will harmonize the standard for ergot in Table I (wheat) with the standard in Table II (barley and oats). Triticale and rye, because of their higher susceptibility to infection, have even higher permissible levels. The request for modifying the standard originated with the Quebec branch of the CSGA and, after consulting with the plant pathologists and the Canadian Grain Commission, it was endorsed by CSGA board of directors. The change to the standards is well within the grade levels specified by the Canadian Grain Commission that allow, for example, three kernels of ergot in a 500-gram sample of No. 1 Canada Western Red Spring (CWRS) wheat.

TABLE II

1. Several requests have been made to reduce the seed purity standards for sainfoin and the vetch species listed in this table because of the difficult nature of producing seed of these crop kinds. Hairy, Hungarian, spring or common vetch and sainfoin are the only forage species included in this table. It is proposed that a separate table with reduced standards be created (II.1) for sainfoin and the vetches.
2. There was general agreement that a lower germination standard should be established for hulless species of barley and oats (eg., 75% for No. 1 seed and 65% for No. 2 seed). Hulless seeds may not germinate because the germ is not protected and therefore tends to be subject to more damage during processing.

TABLE III

1. There was general agreement that the germination standards required in Table III (cereal mixtures) should be the same as the standards in the "Table of origin". This is the current situation for wheat (durum and common), barley and oats. For peas and beans this would mean lowering germination standards by 5 to 10%.

TABLE IV

1. There was general agreement to reduce the number of wild oat seeds permitted in flax to 0 from 0.5 per 25 g (0 per 100 g working sample) in Foundation No. 2, Registered No. 2 and Certified No. 1. Flax is a poor competitor with wild oats and significant yield losses can result where high infestations occur.

TABLE V

1. Table V pertains to various types of beans and peas, as well as corn, soybean, sunflower and safflower. Beans and peas can be grown as field crops (dried), or as vegetable crops (both commercially and by home gardeners). It was generally agreed that Table V should specifically apply to field crops only. Beans and peas grown as vegetables will be covered by Table XVIII.
2. The list of types will be expanded to be more thorough and will include all Phaseolus vulgaris field bean types. In the case of pea, the types would include yellow and green. Provisions will be made in the regulations for appropriate labelling.
3. It was agreed to lower the germination standard for safflower to the same as for peas. Safflower has difficulty meeting the current germination standard which was established before there was much experience with this crop in Canada.

TABLE VII

1. There was agreement that the nomenclature of the Brassica species should be reviewed. The first varieties of Canola quality Brassica juncea were registered in 2002 and as a result, this crop type should be added to Table VII. 

   The layout of the table should be reworked regarding oilseed/forage, spring/winter, canola/rapeseed as follows:

   Proposed classifications:

   (a) Mustard, black	Brassica nigra (L.) W.D.J. Koch
   (b) Mustard, oriental/Indian/brown	Brassica juncea (L.) czern.
   (c) Mustard, white (= yellow)	Sinapis alba L.
   (d) Rapeseed	Brassica napus L. subsp. campestris (L.) A.R. Clapham
   (e) Canola/oilseed rape (Argentine type)	Brassica napus L. var. napus (= B. napus L. var. oleifera Delile)
   (f) Canola/oilseed rape (Polish type)	Brassica rapa L. subsp. campestris (L.) A.R. Clapham
   (g) Canola (Brassica juncea)	Brassica juncea (L.) czern.
   (h) Radish, oilseed or forage	Raphanus sativus L. var. oleiformis Pers.

2. It was agreed to increase the Canada Foundation No. 2 and Canada Registered No. 2 germination standards to 80 percent.
3. There was general agreement that oilseed radish (Raphanus sativus L. var. oleiformis Pers.) should be listed in Schedule I. The CFIA is proposing that it be added to Table VII since it is grown as a green manure field crop and is of comparable seed size to the species listed in Table VII. Currently it is covered under Table XIX. However, the relatively lax weed seed standards in Table XIX are more appropriate for vegetable crops that are intensively managed than for field crops.

TABLE XI

1. There was agreement to move tall fescue from column VIII to column VII. Tall fescue is grown in similar environments to orchard grass and ryegrass, which are in column VII, and has similar problems meeting the grade standards.

TABLE XII

1. There was agreement to add Poa supina (Supina Bluegrass) to the list of 6 other Poa species found in Table XII.

TABLE XIV

1. For the purpose of accuracy, it was agreed that "lawn seed" should replace "lawn grass" in Table XIV.
2. The Varietal Blend Lawn Grass Mixture designation is to be changed to Canada Certified Lawn Seed Mixture to clearly reflect its pedigreed status. The order of the rows will be reversed to give prominence to certified mixtures (i.e. Varietal Blends).

TABLE XVI

1. Table XVI applies to four types of the Beta vulgaris species - beet, sugar beet, mangel and Swiss chard. Currently the Mayweed standard applies only to beet and sugar beet. The Mayweed standard should apply to all crops in this table since contamination would cause similar production problems for all types.

TABLE XVIII

1. There was general agreement to expand this table to include all vegetable-type seed of the species currently listed, no matter where or how grown, by removing the designation "for home gardens". No actual changes to the seed standards would occur. Phaseolus vulgaris (garden bean) is currently not listed in Table XVIII and will be added. The pea column will be amended to read "other kinds", thereby including chickpeas which are currently omitted from the germination tables. The word "sweet" will be removed from the sweet corn column so that the standards will apply to both sweet and pop corn.
2. The germination standard for corn will be lowered by 5 percent. Sweet corn, particularly the super sweet type, does not have consistently high germination rates making the standard difficult to meet.

TABLE XIX

1. There was agreement to add Brassica rapa subsp. chinensis (Bok choy, Pak choi, Chinese white cabbage, white mustard cabbage) and Brassica rapa subsp. pekinensis (Chinese cabbage, napa, hakusai, pe-tsai, won bok, Peking cabbage). Production of these species has risen dramatically in recent years, responding to increased consumer demand.
2. "Vegetable" will be dropped from kale so that this table can be used to grade forage kale as well. It is the same species. There was agreement to review the nomenclature of the Brassica species in this table.

2. ADDITIONAL ISSUES CFIA IS PROPOSING TO ADDRESS:

A. General

(i) Replace Fractional Standards with Zero

Numbers of seeds that are less than one but more than zero, in a specified sample weight, appear in Tables I, II, III, IV, V and XVIII (i.e. 0.1, 0.2 and 0.5). As parts of seed are not common and indeed not an issue, this leads to some confusion as to interpretation of the tables in regards to the sampling requirements. For example, does 0.1 per kilogram mean 1 per 10 kg and therefore require that at least 10 kg are examined? Indeed, statistics would suggest that 30 kg needs to be examined to be relatively confident that such a standard has been met.

It is suggested that a standard of zero be indicated in the Tables and footnotes be used to provide exemptions. For example, a footnote might read "one seed of dodder in a sample of the size specified ... shall not be regarded as an impurity if a second sample of the same size is free from dodder". This system is used in the UK.

(ii) Native grasses

It is proposed that Section 6(2) of the Seeds Regulations be amended to indicate that native grass species found as contaminants in native grass seed of another species be classified as other crops rather than weeds.

(B) Grade Tables

TABLE IV

1. Hemp is currently not included in Schedule I. The CFIA is proposing that it be added to Table IV.
2. The sorghum seed industry in Canada has experienced difficulty meeting the 85% germination standard for No. 1 Seed in Table IV, particularly in years when there has been an early frost. As a result, growers may lose a significant portion of their seed crop which must be sold as feed with considerable financial loss. We are proposing to reduce the germination standard.

TABLE X

1. It was requested that the standards for bird's-foot trefoil be tightened to be more in line with the Association of Official Seed Certifying Agencies (AOSCA) recommended minimum standards. Bird's-foot trefoil was included in Table IX prior to the last revision of the Grade Tables and therefore previously subjected to higher standards for germination and purity.

   A review of certificates of analysis has shown that the vast majority of seed lots could meet a much higher standard than is currently required. However, out of 6254 acres of bird's-foot trefoil inspected in 2002, 250 acres or approximately 4 percent was rejected due to the presence of sweet clover. Increasing the standard to that of AOSCA would represent a major increase. It is suggested that at this time weed and sweet clover standards be tightened for Canada Foundation and Registered No. 2, Canada Certified No. 1 and No. 2 and Varietal Blend No. 1 and No. 2 grades but not to AOSCA levels.

TABLE XIV

1. The minimum standards for purity are to be changed from 85% to 90% for Canada No. 1 Lawn Grass (Seed) Mixture and Varietal Blend No. 1 Lawn Grass (Seed) Mixture, and from 75% to 80% for Canada No. 2 Lawn Grass (Seed) Mixture and Varietal Blend No. 2 Lawn Grass (Seed) Mixture. Some seed companies had interpreted the regulations to mean that the pure seed standards allowed them to intentionally add inert matter to lawn and turf grass mixtures. As a result, the addition of ground peanut shells had become a common practice for certain companies. This was not the intent of the regulation. Rather, the standard was established to account for material, such as chaff, found naturally in the seed. When foreign plant material is deliberately added, the seed then meets the definition of specialty seed and should be labelled as such.

TABLE XV

1. Column VI of Table XV establishes germination standards for the components of ground cover mixtures composed of seed of two or more kinds other than forage mixtures and lawn or turf seed mixtures. The standards of 70 and 60% are very difficult for some species to meet. It is proposed that Column VI be dropped and that, unless the species is listed in one of the tables of Schedule I, no germination standard be imposed.

TABLE XVIII

1. It has been proposed that sunflowers for home garden use be added to Table XVIII.

3. PROPOSED AMENDMENTS TO THE M & P

1. It is proposed that Section 7. (4) of the Seeds Regulations and footnote 3. in Table II of Schedule I of the Seeds Regulations be removed. As a result, when a head of a Malva spp. is found in a lentil seed sample, it will no longer be considered as a secondary noxious weed. Rather, it is to be broken up and the individual seeds counted and reported in Total Weeds. Malva heads generally contain 12-16 seeds.

4. REVISION OF THE WEED SEEDS ORDER

The Weed Seeds Order was last amended in 1986 when 21 species were added to Class 1 (Prohibited Noxious) and slight changes made to the other classes. Since then a number of issues have been raised. Some of the changes included in this document were agreed upon during the Seed Standards Review while others are being proposed by the CFIA. Items agreed upon have been indicated by an asterisk (*) in the tables.

Many of the weed species added to the list in 1986 were poisonous range plants that could cause toxicity problems if ingested by livestock. However, many were plants that are native to Canada and under the current internationally accepted definition of prohibited noxious weeds, should not be classified as prohibited noxious in Canada. We are proposing to remove these species from the Weed Seeds Order.

In addition, it has been suggested that a number of species be added to the list of prohibited noxious weeds. Of these, agreement was reached for two species, serrated tussock (Nassella trichotoma) and jointed goatgrass (Aegilops cylindrica). Serrated tussock has never been reported to grow in Canada and there is some doubt as to whether it would over winter here. However, the presence of this species in seed lots may affect our seed trade with other countries, particularly the USA. It is classified as noxious in 23 States and is on the U.S. Federal Noxious List. Similarly, jointed goatgrass has not been reported growing in Canada. However, it has the potential to grow and overwinter in southern winter wheat production areas where it would be extremely difficult to eradicate. Jointed goatgrass is classified as noxious in 12 States.

The Seed Section is also proposing that two additional species, Giant foxtail (Setaria faberi) and Woolly Cupgrass (Eriochloa villosa (Thunb.) Kunth), be added to Class 1 of the Weed Seeds Order at this time. Both weeds have been identified as problems since the initiation of the Seeds Standards Review and therefore were not included in the initial consultations. The known distribution of giant foxtail in Canada is southern Ontario and Quebec, where it is becoming a serious problem in field crops. It is regulated as a noxious weed seed in 21 U.S. States. Without control, it could eventually rival green foxtail in distribution and management difficulty. There are at least 6 reports of multiple herbicide resistant biotypes from the U.S. and one from Europe already known. The evidence that populations of Woolly Cupgrass can survive Canadian winters, together with its presence in the northeastern U.S. close to the Canadian border, highlights the possibility that it could become a serious problem in agricultural areas in Canada.

a. Removal of Species from the Weed Seeds Order:

It is proposed that the following species be removed from the Weed Seeds Order because they are native to Canada and/or have not appeared, or have only appeared rarely, in seed samples:

b. Addition of Species to the Weed Seeds Order:

¹Not a major agricultural weed. Classified as noxious in Manitoba, Alberta and Prince Edward Island. It is beginning to appear in seed.

²Though not yet a major concern in Canada, the presence of sterile oat in exported seed is a concern to a number of Canada's trading partners. Sterile oat is considered a noxious weed in the U.S..

³Over the past four years 2,490 samples of seed representing seed lots of forage grasses and forage mixtures have been analysed by CFIA seed laboratories as part of the Seed Program's marketplace monitoring program. Downy brome was found in a total of 55 samples (2.2% of samples). Of these, 9 samples (0.36%) would not have met Canadian minimum standards for weed seeds if downy brome had been a secondary noxious weed seed. It is clear from these numbers, that classifying Downy brome as a secondary noxious weed seed would not have serious consequences for the trade in seed, while addressing concerns of producers and other stakeholders, particularly in the more arid zones of eastern Alberta and southern Saskatchewan.

⁴Already in Class 2, to be added to Class 5 as well; Quick identification and eradication of Canada thistle is essential to prevent its spread. One of the most effective means of control is the use of weed free seed.

⁵Already in Class 3, to be added to Class 5 as well; Aggressive and difficult to control once established.

c. Re-classification of Species in the Weed Seeds Order:

¹ Does not fit the definition of prohibited noxious as it is already widely distributed in Canada.

² Rarely found in seed samples.

³ Serious introduced weed. Will over winter in southwestern Ontario.

NEXT STEPS:

The Seed Section is completing a Benefit Cost analysis for the proposed regulatory action and has applied to the Program Executive Committee at the CFIA for approval to move forward with the amendments. A preliminary target date for publication in Canada Gazette Part I has been set for the Fall of 2003 with publication in Canada Gazette Part II slated for the summer of 2004. It is anticipated that the changes will be phased in on a gradual basis to allow for industry to make the necessary alterations.

During the interval between publication in Canada Gazette Parts I and II, the industry will have an opportunity to comment on the proposed amendments and for adjustments to occur.

Note: This document includes most, but not necessarily all, amendments that may appear in Canada Gazette Part I.