D-98-04

File:

SUBJECT

This directive covers the requirements for the production and sale of certified garden potato varieties in Canada.

The directive has been revised for the following reasons:

• Add entries to the list of approved garden varieties, including those varieties that were cancelled from registration in the past because of minimal production.

TABLE OF CONTENTS

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

1. General Requirements
1.1 Legislative Authority
1.2 Fees

2. Policy
2.1 Production Requirements
2.2 Movement Restrictions
2.3 Testing Requirements
2.4 List of Approved Garden Varieties

3. Appendice
Appendix 1: List of Approved Garden Varieties

Review

This directive will be reviewed annually, unless otherwise needed. The next review date will be March 3, 2007. The contact for this directive is Joanne Rousson. For further information or clarification, please contact the Potato 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

Potatoes with unique characteristics such as purple skin, black flesh or frost tolerance often have a limited commercial production potential and value, but are of interest to home gardeners. These garden varieties are recognized as an important component of the potato industry. By including garden varieties into the seed certification program, it allows for the regulation and inspection of these cultivars, thereby making disease-free seed tubers available for backyard gardeners. Formerly such garden varieties were grown outside the certification system and acted as a source of inoculum for potato disease.

Unlike non-registered varieties, which can be commercially produced on a large scale for export or research purposes, garden varieties are subject to extensive restrictions on production and sale, but are exempted from registration requirements under Part III of the Seeds Regulations. Therefore, garden varieties are treated as registered varieties with additional restrictions placed on their production and sale. When an application for variety registration has been received for approval, that variety is considered a commercial variety and does not fall under the exemption in Part III of the Seeds Regulations.

The Canadian potato variety registration process is based on merit as determined by a number of agronomic tests over several years where varieties are evaluated against industry standards. Since garden varieties have a unique place in the market and traits which make them desirable are subjective, it is difficult to determine merit for registration. Furthermore, costs associated with registration are significant and are not justified for varieties destined for garden use.

In consideration of these factors, changes were made in 1993 to the regulations reflecting the needs of industry. Section 65 of the Seeds Regulations exempts potato varieties destined for home gardens from the registration requirements.

Scope

This directive is intended for the use of the CFIA inspection staff and seed potato growers who need clarification on the production and sale of certified seed to garden potato varieties, within the Canadian Seed Potato Certification Program.

This directive supercedes D-98-04 (1^st Revision) dated January 24, 2001.

Definitions, Abbreviations and Acronyms

Garden Variety - A potato variety which has been specifically exempted from registration or for which registration has been cancelled because of minimal production and exclusively intended for personal consumption by home gardeners. Production of garden varieties is limited to 1 ha/ per seed potato farm unit and sale to table and processing markets is prohibited.

Note:
Health Canada sets standards for TGA levels for potatoes sold for consumption. The Canadian Food Inspection Agency (CFIA) monitors and regulates TGA levels in the marketplace on their behalf. Selling potatoes for consumption which have excess of permitted TGA tolerances is in contravention of  Health Canada regulations.

1. General Requirements

1.1 Legislative Authority

The Seeds Act R.S., 1985, c. S-8.
Seeds Regulations and their amendments, SOR/91-526, SOR/93-331, SOR/ 95-179, SOR/ 95-215, SOR/ 97-118, SOR/ 97-199, and SOR/ 97-292

1.2 Fees

As of December 1, 1997, CFIA fees are charged for Variety Registration in accordance with the Seeds Acts and Regulations. Although Garden varieties are exempt from fees for registration under the Seeds Regulations inspection fees still apply. Individuals requiring more information on fees may contact local offices of CFIA.

2. Policy

2.1 Production Requirements

Producers of certified seed potato garden varieties must apply for inspection and certification of that crop pursuant to section 49 of the Seeds Regulations (Part II).

The total production of a garden variety must no exceed to 1.0 ha (or 2.5 acres) covering all classes per farm unit. If a grower/ farm unit expands production beyond that level, the variety will be considered a commercial crop and be subject to registration requirements.

Seed produced from these varieties which is ultimately sold to home gardeners for personal propagation must continue to meet all the other requirements under the Seeds Regulations.

2.2 Movement Restrictions

Movement of certified seed of garden varieties sold for re-certification or repackaging by an approved repackaging facility will not be restricted and must be documented by Nuclear Stock Certificates, tags or Bulk Movement Certificates.

Seed sales, on farm or in garden centres not intended for re-certification are limited to containers of no more than 4.54 kg (10 lbs.) In addition, all producers or repackers packaging seed potatoes in containers less than 20 kg must have a valid permit issued by an inspector.

Tuber grading of garden varieties must also be in accordance with the regulations.

2.3 Testing Requirements

Every year a seed grower must have at least two lots laboratory tested for bacterial ring rot at an accredited lab from their farm unit to retain seed potato grower status. The testing can be performed on composite samples which consist of sub-samples, individually bagged and labelled, from various lots on the farm. For further information regarding sampling protocols on bacterial ring rot testing, refer to D-97-12.

Growers not complying with bacterial ring rot testing requirements will be denied shipping documents, permission to package in small containers and will have their application for inspection rejected the following year unless disinfection of the farm unit is witnessed by an inspector.

Growers importing seed of garden varieties must refer to directive 98-01 "Import Requirements for Seed potatoes and other Propagative material."

2.4 List of Approved Garden Varieties

For a complete list of Garden varieties refer to Appendix 1

3. Appendice

Appendix 1 - List of Approved Garden Varieties

APPENDIX 1

LIST OF APPROVED GARDEN VARIETIES