D-05-02

File

SUBJECT

This directive introduces an alternate phytosanitary import requirement for wheat (including durum wheat), triticale, barley and rye (whole grain, not for propagation) originating from the state of North Dakota and from approved areas within the state of Montana.

A Certificate of Origin is accepted in lieu of a Phytosanitary Certificate with declarations for freedom from Karnal bunt, dwarf bunt, and flag smut of wheat. At this time, the areas allowed to participate in this pilot program include only the areas of North Dakota and Montana that are free of the pests Karnal bunt, wheat flag smut and dwarf bunt. Surveys conducted by the United States Department of Agriculture (USDA) over the last few years have not reported the presence of Karnal bunt in either of these two states. This program is being offered as an alternative to the requirement for 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) and will be re-evaluated after the initial two years of the pilot program.

Table of Contents

Review
Endorsement
Amendment Record
Distribution
Introduction
Scope
References
Definitions, Abbreviations and Acronyms

1.0 Requirements
1.1 Legislative Authority
1.2 Fees
1.2 Regulated Pests
1.3 Regulated Commodities
1.4 Commodities Exempt
1.5 Regulated Areas

2.0 Specific Requirements
2.1 Import Requirements
2.2 Documentation and Movement Conditions

3.0 Participants

4.0 Inspection Requirements
4.1 Document Verification
4.2 Product Examination

5.0 Non-Compliance

6.0 Other Requirements

7.0 Appendices
Appendix 1: List of Areas Approved for this Pilot Project
Appendix 2: Example of an Acceptable Certificate of Origin
Appendix 3: Sample Certificate of Origin from State of North Dakota
Appendix 4: Sample Certificate of Origin from State of Montana

Review

This directive will be reviewed every 2 years unless otherwise needed. The next review date for this directive is December 15, 2007. The contact for this directive is Joanne Rousson. For further information or clarification, please contact the Grains and Field Crops Section.

Endorsement

Approved by:

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 (via Regions)
3. National Industry Organizations (determined by Author)
4. Internet

Introduction

After consultation with stakeholders, the Canadian Food Inspection Agency (CFIA) is herein providing an alternate phytosanitary import requirement for grain of regulated commodities: wheat (including durum wheat), barley, rye and triticale originating from approved areas in the state of Montana and from the state of North Dakota to be used for non-propagative uses. A Certificate of Origin is accepted, in lieu of a Phytosanitary Certificate, for grain that meets all of the following conditions:

1. The grain originates only from North Dakota and approved areas within the state of Montana which are free of dwarf bunt (Tilletia controversa), wheat flag smut (Urocystis agropyri) and Karnal bunt (Tilletia indica);

2. The grain is not intended for propagative purposes; and.

3. The product cannot be delivered to, stored or handled in a primary, transfer or terminal elevator.

The importer must apply for permit to import prior to importation of grain to Canada.

Definitions, Abbreviations and Acronyms

1.0 Requirements

1.1 Legislative Authority

The Plant Protection Act, S.C. 1990, c. 22
Plant Protection Regulations, SOR/95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part I (05/13/2000)

1.2 Fees

The CFIAis 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 Centres (ISC) at the following phone numbers: Eastern ISC 1-877-493-0468; Central ISC 1-800-835-4486; Western ISC 1-888-732-6222. Anyone requiring other information regarding fees may contact any local CFIA office or visit our website.

1.3 Regulated Pests

Tilletia indica Mitra (Karnal bunt)
Wheat attacking strains of Urocystis agropyri (Preuss) Shroeter (wheat flag smut or flag smut of wheat)
Tilletia controversa Kühn (dwarf bunt)

More pests may be added to the above list as pest risk assessments are completed.

1.4 Regulated Commodities

Grain (whole, not for propagation) of wheat (Triticum spp., including T. durum), triticale (X-Triticosecale), barley (Hordeum spp.) and rye (Secale spp.) originating from approved areas in the states of North Dakota and Montana.

Other commodities such as seed, straw, hay and compost of wheat (including durum wheat), triticale, barley, oat, and rye are regulated by the directive D-99-01 and D-02-09. Seed and grain for cleaning, screenings, chaff and hulls of, or derived from, barley, oat, rye, triticale and wheat are also regulated by the directive D-99-01.

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

Approved areas of the state of Montana and the state of North Dakota (Appendix 1).

2.0 Specific Requirements

2.1 Import Requirements

The regulated grain (see section 1.4) from regulated areas must meet all of following conditions:

• The grain originated only from US approved areas (see Appendix 1); and

• The grain is only used for non-propagative purposes; and

• The product cannot be delivered to, stored or handled in a primary, transfer 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 pilot program.

2.2 Documentation and Movement Conditions

Under this pilot program, a Phytosanitary Certificate is not required for grain of wheat, barley, rye and triticale originating from the state of North Dakota and from approved areas within the state of Montana. A Permit to Import and a Certificate of Origin are required.

2.2.1 Permit to Import

The conditions of the Permit to Import shall be respected. An Importer, residing in Canada, shall apply for this Permit to Import to the Plant Health Division of the CFIA. A Permit to Import is required for each exporting state, but several exporters can be covered by the same Permit to Import. The Importer shall be liable in ensuring that the Permit to Import conditions are met. These conditions will be as follows:

• The importation of grain from other than the approved areas of Montana and North Dakota is not permitted with the Permit to Import under this pilot program (Refer to Appendix 1 for approved areas).

• The grain shall be accompanied by a Certificate of Origin issued by the North Dakota Department of Agriculture or the Montana Department of Agriculture.

• The Importer shall ensure that the Certificates of Origin are presented as requested by the CBSA or the CFIA Import Service Centres (ISC). A Certificate of Origin must accompany every consignment entering Canada. The Importer will ensure that all the requirements outlined in this directive, regarding the Certificate of Origin are met.

• The Importer shall ensure that the grain is not delivered to, stored or handled in a primary, transfer or terminal elevator in Canada.

• The Importer shall ensure that the grain is not imported for propagation in Canada. All grain imported under this Permit to Import can only be used for non-propagative purposes.

• The Importer shall ensure that the grain is not cleaned after importation to Canada. If the grain is to be cleaned the Importer is required to meet the requirements for import of grain for cleaning as outlined in Directive D-99-01.

• The Importer shall maintain a record of disposition of all grain consignments imported under this Permit to Import for a period of at least one year following the disposition of the entire consignment.

• The Permit to Import will be valid for two years.

For additional information regarding the issuance of a Permit to Import please consult D-97-14: Application, Procedures, Issuance and Use of a Permit to Import Under the Plant Protection Act.

2.2.2 Certificate of Origin

The Certificate of Origin shall:

• be completed by: the exporter, where that exporter has entered into a compliance agreement with the North Dakota/Montana State Regulatory Agency authorized to issue USDA Phytosanitary Certificates;

• indicate the name and address of the exporter; and the declared name and address of the consignee;

• indicate the compliance agreement number for the compliance agreement the exporter has entered into with the State Regulatory Agency for the purposes of this Pilot Project and indicate the Permit to Import number;

• provide distinguishing marks associated with the means of conveyance such as the trailer number or rail car number;

• attest to the origin (place of production, ie. state and county) the content (ie. crop kind) and the quantity of grain in the shipment; and

• be validated only by an official of the State Regulatory Agency authorized to issue USDA Phytosanitary Certificates.

3.0 Participants

The participants in this pilot program are:

• Importers to whom the Plant Health Division 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) and 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

Prior to release for importation, the CFIA will verify that all the required documents accompany each consignment. Each Certificate of Origin shall conform to the requirements specified in Section 2.2.2 of this Directive and be fully completed. A valid Permit to Import number must be presented and verified prior to release for importation. The number of the Permit to Import must appear on the Certificate of Origin presented for release of the consignment.

4.2 Product Examination

All shipments of regulated commodities imported into Canada are subject to inspection and/or sampling and testing for regulated pests and soil contamination by an authorized CFIA inspector.

5.0 Non-Compliance

Shipments not meeting the phytosanitary import requirements of this pilot program will be refused entry or movement, returned to origin, re-exported, treated or destroyed at the importer’s or shipper’s expense. These expenses also include, but are not limited to, costs associated with quarantine actions resulting from accidental contamination caused and any seizure, confiscation and forfeiture of shipments.

The Permit to Import will be cancelled if an importer/shipper does not comply with conditions of the Permit.

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 Other Requirements

The importation of cereals are also subject to the Seeds Act and Regulations; the Feed Act and Regulations; the Animal Health Act and Regulations; the Canadian Wheat Board Act and Regulations; the Canadian Grain Act and Regulations; the Export -Import Permits Act and Regulations administered under the Department of Foreign Affairs and International Trade.

Importers wishing to know more about these acts and regulations may contact the offices of the CFIA, the Canadian Wheat Board, the Canadian Grain Commission or the Department of Foreign Affairs and International Trade. The provincial departments responsible for administering the provincial noxious weed or weed control legislation may be contacted for information on that legislation. Information is also available on the CFIA ’s web site.

7.0 Appendices

Appendix 1: List of Areas Approved for this Pilot Project
Appendix 2: Example of an Acceptable Certificate of Origin
Appendix 3: Sample Certificate of Origin from State of North Dakota
Appendix 4: Sample Certificate of Origin from State of Montana

Appendix 1

LIST OF AREAS APPROVED FOR THIS PILOT PROJECT

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¹ Grain originating from the 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.

Appendix 2

EXAMPLE OF AN ACCEPTABLE CERTIFICATE OF ORIGIN

I certify that the grain originated in the state of North Dakota/approved areas of Montana, and complies with the origin requirements specified in the plant protection >policy directive D-05-02 of Canadian Food Inspection Agency.

Appendix 3

Sample Certificate of Origin from State of North Dakota

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Appendix 4

Sample Certificate of Origin from State of Montana

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