D-02-09

File: 3525-8

SUBJECT

This directive specifies the plant protection requirements for the importation into Canada and movement within Canada for hay and straw to prevent the introduction and spread of cereal leaf beetle. This pest occurs in certain areas of Canada and the United States (US) (described in Appendix 1). It also occurs in many other countries.

With the establishment of the cereal leaf beetle in Alberta, this directive has been amended to:

1. Include the County of Lethbridge and the Municipal District of Taber as areas regulated by the CFIA for the cereal leaf beetle; and
2. Include these new regulated areas in the list of Sources of hay or straw containing 5% or more of host species of cereal leaf beetle, for which domestic movement requirements for control of leaf beetle are required, for movement to areas in Canada where the cereal leaf beetle is not known to occur. Options for issuance of a Movement Certificate include:
   • fumigation with phosphine gas;
   • storage of baled hay and straw in a manner to keep it dry for a period of at least 90 days between baling and shipping of the hay or straw; or
   • compressing the hay or straw at a pressure equal or greater than 105 kg/cm².

Table of Contents

Review

This directive will be reviewed every five years unless otherwise needed. The contact for this directive is Joanne Rousson. The next review date is August 24, 2008. 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 (Areas/Regions, PHRA, USDA)
2. Provincial Government, Industry (via Areas/Regions)
3. National Industry Organizations (determined by National Manager, Grains and Field Crops Section)
4. Internet

Introduction

Definitions, Abbreviations and Acronyms

1. General Requirements

1.1 Legislative Authorities

Plant Protection Act, s.c. 1990, c.22
Plant Protection Regulations, SOR/95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part 1 (05/13/2000)

1.2 Fees

The CFIA is 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 CFIA's website.

2. Specific Requirements

2.1 Regulated Pests

Oulema melanopus L. (cereal leaf beetle).

2.2 Regulated Commodities

The requirements herein apply for all baled hay or straw composed of five percent or greater of regulated host species of the cereal leaf beetle. The regulated host species are:

Cereals, including: wheat, including durum wheat (Triticum spp.), triticale (X-Triticosecale spp.), barley (Hordeum spp.), oats (Avena spp.), and rye (Secale spp.) - refer to D-99-01 for additional import and domestic movement requirements. These commodities are also regulated for Karnal bunt, dwarf bunt and flag smut of wheat.

Sorghum and Sudan grass (Sorghum spp.) - refer to D-96-08 for additional import requirements for import of broomcorn (Sorghum vulgare var. technicum), to prevent the introduction and spread of European corn borer and durra stem borer.

Millet (Panicum spp.)

Rice (Oryza spp.)

Forage grasses, including: blue grass (Poa spp.), brome grasses (Bromus spp.), canary grass (Phalaris spp.), fescues (Festuca spp.), orchard grass (Dactylis spp.), redtop (Agrostis spp.), ryegrass (Lolium spp.), timothy (Phleum spp.), wheatgrasses (Agropyron spp.), wild rye (Elymus spp.)

Hay or straw of legume-grass mixes, consisting of five percent or greater of regulated host species of the cereal leaf beetle.

2.3 Commodities Exempt from the Requirements of this Directive

Pelletized or cubed hay or straw products;

Silage, including commodities such as balage or haylage, which has undergone a fermentation process;

Hay or straw ornaments, artifacts and toys that have been bleached, dyed, painted or shellacked;

Hay or straw composed of greater than 95 percent non-host species, including: alfalfa (Medicago spp.), clover (Trifolium spp.), sweetclover (Melilotus spp.), birdsfoot trefoil (Lotus corniculatus), and flax (Linum usitatissimum); and

Small quantities of hay or straw carried in vehicles only for in-transit use by animals. If disposed in Canada, this hay or straw must be deposited in an area where it will be disposed by burial or burning (where approved) in a municipal landfill.

2.4 Regulated Areas

Described in Appendix 1.

2.5 Movement Requirements and Prohibitions

2.5.1 Regular Requirements

Permit to Import is not required.

Baled hay or straw moving from an area listed in Column II of Appendix 3 to an area listed in Column III must meet the requirements listed in Column IV. Where the material imported, or moved domestically, is straw or hay of barley, oats, rye, wheat or triticale, refer to D-99-01 for additional import or domestic movement requirements. Where the material imported, or moved domestically, is broomcorn, refer to D-96-08 for additional import or movement requirements. Appendix 2 provides acceptable additional declarations and treatments on Movement Certificates or Phytosanitary Certificates if required.

Permit to Import is not required.

2.5.2 Alternative Requirements for Import of Unprocessed Cereal Straw for Composting in Canada

If an importer chooses this option for import of cereal straw of wheat, including durum wheat (Triticum spp.), triticale (X-Triticosecale spp.), barley (Hordeum spp.), oats (Avena spp.), or rye (Secale spp.), originating from a Karnal bunt free state in the Continental United States⁽¹⁾, only for composting in Canada, a Phytosanitary Certificate is not required. However, a Permit to Import is required for imports of cereal straw originating from U.S. States which are infested or suspected of being infested with cereal leaf beetle (Oulema melanopus), dwarf bunt (Tilletia controversa), or the wheat strain of flag smut (Urocystis agropyri), imported to an area in Canada which is free of these pests, for composting only. The Permit to Import shall normally be valid for a period of three years from the date of issuance.

Permit to Import

The conditions of the Permit to Import⁽²⁾ are mandatory. An Importer, who must be a resident of Canada, shall apply for a Permit to Import to the Plant Health Division of the CFIA. When issued, the Importer is responsible for ensuring that the Permit to Import conditions are met.

The following conditions shall be applied to the Import Permit:

• Importation of straw is prohibited from states in the United States which are infested or suspected to be infested with Karnal bunt.
• Shipping documents must indicate place of production and origin of shipment.
• The material must be secured in a manner to prevent scattering during transport and while at the composting site in Canada, e.g., container, enclosed vehicle, secure tarpaulin, or other method of transport and handling to achieve the same objective.
• The material must be routed directly to the composting site in Canada and not diverted elsewhere for any other use/purpose.
• The material must be composted under sound composting practices and in such a manner that the combination of time and temperature generated is adequate to destroy regulated pests, e.g., 75°C for three days, 65°C for five days, or other efficacious combination of time and temperature. The Canadian Food Inspection Agency inspectors will monitor the process at a frequency determined by CFIA.
• The Canadian Food Inspection Agency inspectors will also monitor the straw while in storage at the composting facility and any residual material not composted for potential pest problems, and if required, order appropriate treatment/disposal measures, e.g., burning or deep burial.
• Unprocessed straw must not be distributed or used for any other purpose.
• Material infested/infected with quarantine pests of concern to Canada must be destroyed under the direction and supervision of CFIA at the full expense of the importer.

2.5.3 Alternative Requirements for Domestic Movement of Unprocessed Cereal Straw for Composting in Canada

If a composter (Canadian resident) chooses this option for domestic movement of cereal straw of wheat, including durum wheat (Triticum spp.), triticale (X-Triticosecale spp.), barley (Hordeum spp.), oats (Avena spp.), or rye (Secale spp.), originating from an area of Canada which is infested or suspected of being infested with cereal leaf beetle (Oulema melanopus) or dwarf bunt (Tilletia controversa), to an area in Canada which is free of these pests, for composting only, a Movement Certificate is required.

Movement Certificate

The conditions of the Movement Certificate are mandatory. A Canadian resident wishing to move cereal straw from an infested to a non-infested area of Canada can apply for a Movement Certificate to a local office of the CFIA. When issued, the Shipper and/or Owner of the cereal straw is responsible for ensuring that the conditions identified on the Movement Certificate are met.

The following conditions shall be applied to the Movement Certificate:

• Shipping documents must indicate origin of shipment.
• The material must be secured in a manner to prevent scattering during transport and while at the composting site in Canada, e.g., container, enclosed vehicle, secure tarpaulin, or other method of transport and handling to achieve the same objective.
• The material must be routed directly to the composting site in Canada and not diverted elsewhere for any other use/purpose.
• The material must be composted under sound composting practices and in such a manner that the combination of time and temperature generated is adequate to destroy regulated pests, e.g., 75°C for three days, 65°C for five days, or other efficacious combination of time and temperature. The CFIA inspectors will monitor the process at a frequency determined by CFIA.
• The CFIA inspectors will also monitor the straw while in storage at the composting facility and any residual material not composted for potential pest problems, and if required, order appropriate treatment/disposal measures, e.g., burning or deep burial.
• Unprocessed straw must not be distributed or used for any other purpose.
• Material infested/infected with quarantine pests of concern to Canada must be destroyed under the direction and supervision of CFIA at the full expense of the Owner.

2.5.4 Exemptions to the Regular Requirements for Special Purposes

Pursuant to Sections 43 and 54 of the Plant Protection Regulations, special exemptions to the regular requirements are possible for regulated material imported into or moved within Canada for the purpose of being used for scientific research, educational, processing, industrial or exhibition purposes;

To obtain special exemptions to the regular import requirements, importers can apply for a Permit to Import to the Plant Health Division, Ottawa, Ontario, and explain their need for material to be exempted from the regular requirements. To obtain special exemptions on domestic movement requirements, residents of Canada can apply to the nearest CFIA office.

3. Inspection Procedures

3.1 Document Verification:

When required, valid Phytosanitary Certificates and Movement Certificates must be verified prior to release of the material to the importer or consignee. Additional information on this requirement is provided in Column V of Appendix 3.

3.2 Product Examination:

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

4. Non-Compliance

Shipments not meeting the movement requirements of Section 2.5 of this directive will be refused entry or movement, returned to origin, re-exported, treated or destroyed at the importer's or shipper's expense.

5. Other Requirements

The importation and/or domestic movement of hay and/or straw is also subject to the Feeds Act and Regulations and the Health of Animals Act and Regulations.

Importers wishing to know more about these acts and regulations may contact the offices of the CFIA. Information is also available on the CFIA's website.

6. Appendices

Appendix 1: Distribution of Cereal Leaf Beetle in Canada and the United States of America
Appendix 2: Acceptable Additional Declarations and Treatments
Appendix 3: Hay or Straw Import and Domestic Movement Requirements

Appendix 1

Distribution of Cereal Leaf Beetle in Canada and the United States of America

Appendix 2

Acceptable Additional Declarations and Treatments

Where the hay or straw must be accompanied by a Phytosanitary Certificate (for imported material) or a Movement Certificate (for domestic movement of material) acceptable declarations and treatments are outlined in the following tables.

Table 1 Acceptable Treatment¹ on Phytosanitary Certificates and Movement Certificates for Cereal Leaf Beetle for hay or straw imported or moving domestically under the regular conditions described in 2.5.1 [¹Details of treatment must appear in the appropriate section on the Phytosanitary Certificate or Movement Certificate. The treatment may have to be performed under the supervision of the CFIA. For information on pest control products registered in Canada, please contact the Canadian Pest Management Regulatory Agency (PMRA) at 1-800-267-6315.]

NOTE: The hay or straw must be safeguarded after treatment, to protect from (re-)infestation with Oulema melanopus.

Table 2. Acceptable Declaration on CIFA Movement Certificates for Cereal Leaf Beetle for hay or straw moving domestically under the regular conditions described in 2.5.1

NOTE: The hay or straw must be safeguarded after treatment, to protect from (re-)infestation with Oulema melanopus.

Table 3 Acceptable Declarations on Phytosanitary Certificates to Attest Freedom from Cereal Leaf Beetle for hay or straw imported under the regular conditions described in 2.5.1

NOTE: The hay or straw must be safeguarded after treatment, to prevent (re-)infestation with Oulema melanopus.

Appendix 3

Hay and Straw Import and Domestic Movement Requirements

Table 1. Hay and Straw -- Import and Domestic Movement Requirements. [the requirements herein apply for all baled hay or straw, pure or in mixtures. See Appendix 2 for acceptable declarations and treatments.]

¹ The U.S. States of Arizona, California, New Mexico and Texas are considered to be partially infested with Karnal bunt (Tilletia indica).

² "Permit to Import" refers to a Permit to Import issued by the CFIA pursuant to the Plant Protection Regulations.

³ Information on the status of the cereal leaf beetle (Oulema melanopus) in Canada may be found at the Canadian Food Inspection Agency website at http://www.inspection.gc.ca/english/plaveg/pestrava/oulmel/oulmele.shtml

⁴ Newfoundland and Labrador has requested that the status of the Province as a cereal leaf beetle non-infested area be waived.

⁵ Information on the status of the cereal leaf beetle (Oulema melanopus) in the United States may be found at the NAPIS (National Agricultural Pest Information System) website at http://ceris.purdue.edu/napis/pests/index.html