D-06-01: Niger Seed Export Program

Effective date: Avril 1, 2026 (3rd revision)

Establishments involved with the exportation of non-propagative material containing niger (Guizotia abyssinica) seed, such as bird food, are subject to procedures which ensure compliance with United States Department of Agriculture (USDA) import requirements. This directive describes the requirements by which facilities could be approved to export niger seed products to the United States (U.S.) and outlines the program conditions that facilitate export for niger seed from Canada to the U.S.

Latest revisions

This directive has been renamed and revised to reflect changes in terminology to support the integration of the Niger Seed Export Program into the CFIA's digital platform. No changes have been made to the requirements of the program.

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Introduction

Phytosanitary import requirements for niger seed (Guizotia abyssinica) differ between the U.S. and Canada. Under the Plant Protection Act, no commodity can be exported unless it complies with the phytosanitary requirements of the importing country. Therefore, Canadian niger seed products exported to the U.S. must meet the USDA import requirements.

The USDA has concerns with potential co-mingling of devitalized seed from USDA approved heat-treatment facilities and viable niger seed that may have entered Canada. To address these concerns, a systems-based program for exports of niger seed products from Canada to the U.S. has been developed.

To facilitate the export of niger seed and products containing niger seed for non-propagative uses (such as bird food) from Canada to the U.S., the facility must be registered and approved by the CFIA on the Niger Seed Export Program. This program is designed to verify that niger seed exported from Canada to the U.S. is:

  • imported to Canada via a USDA approved facility for the activity Treatments-Guizotia abyssinica Seed – Heat Treatment (refer to USDA CIRD Facility Search)
  • maintained in segregation throughout the repackaging process
  • sent directly from the exporter to the U.S. accompanied with a copy of the applicable original heat treatment certificate

A program of this type will meet the phytosanitary import requirements of the USDA.

Scope

The information in this directive is intended for inspectors and program officers of the CFIA, the Canada Border Services Agency and companies or facilities that export niger seed to the U.S.

Definitions, abbreviations and acronyms

Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.

1. General requirements

1.1 Legislative authority

  • Plant Protection Act, S.C. 1990, c. 22
  • Plant Protection Regulations. SOR 95/212
  • Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part 1 (as updated from time to time)

1.2 Regulated pests

Noxious weeds listed in eCFR :: 7 CFR Part 360 – Noxious Weed Regulations

1.3 Regulated commodities

All pure and blended products containing niger (Guizotia abyssinica) seed.

Synonyms: niger, niger-seed

1.4 Commodities exempt

See section 2.1.2

2. Specific requirements

2.1 Export requirements

2.1.1 Niger seed that is repackaged and/or blended in Canada

To export niger seed products to the U.S., a facility must be registered and approved by the CFIA on the Niger Seed Export Program (Appendix 1) and must:

  • demonstrate that the niger seed imported into Canada was devitalized at one of the USDA approved heat treatment facilities (see USDA CIRD Facility Search for a list)
  • be able to demonstrate that the niger seed imported from a USDA approved heat treatment facility does not become contaminated en route to the exporting facility
  • demonstrate how it prevents the export of non-compliant niger seed or products containing niger seed to the U.S.
  • demonstrate that each devitalized niger seed lot certified through a USDA approved heat treatment facility is segregated from niger seed that has not been treated in a USDA approved heat treatment facility
  • prevent co-mingling of seed lots to facilitate accurate trace-back
  • clean storage bins prior to and after use to avoid contaminating niger seed from a USDA approved heat treatment facility with niger seed from another source
  • maintain records for each shipment of niger seed
    (The records will include, (where applicable), country of origin, USDA approved heat treatment facility lot number, date of arrival, quantity of material imported, shipment transit seal number, bin number processing or blending procedures, lot number of finished product.)
  • maintain a document tracking process to show traceability of seed lots from a USDA approved heat treatment facility through to the final exported product
  • provide a copy of the appropriate heat treatment certificate issued by a USDA approved facility to accompany every export shipment
  • retain a representative sample from each lot imported into Canada for one year as a reference sample (When required, a CFIA inspector will submit the samples to a CFIA laboratory to verify that the seed has been effectively devitalized.)
  • ensure that the lot number of the finished product is clearly visible on the final package in order to facilitate trace-back

2.1.2 Niger seed in original packaging

A niger seed product that was imported into Canada from the U.S. through USDA approved heat treatment facilities (see USDA CIRD Facility Search for a list) and is maintained in its original, unopened packaging is exempt from the program requirements and may be sent back to the U.S. as "U.S. returned goods".

2.2 Administrative requirements

Facilities wishing to participate in the program can apply by submitting a new service request through their My CFIA account.

The CFIA is responsible for evaluating the facility application, auditing and approving facilities, issuing the confirmation of registration and for testing of retained samples as required. After the facility's registration is approved, they will be audited annually to ensure that the terms and conditions of the program are being met.

A copy of the confirmation of registration will be sent to the National Manager, Invasive Alien Species- Grains and Oilseeds section in Ottawa who will forward it to the USDA in order to have the facility listed as an approved exporter.

My CFIA uses the term "preventive control inspection" in place of "audit" and "terms and conditions" in place of "requirements".

3. Non-compliance

Failure to comply with the conditions set out in this program will result in the registration status of the facility being suspended until corrective action has been implemented or is revoked.

4. References

4.1 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. Anyone requiring other information regarding fees may contact any local CFIA office or visit us at our Fees Notice Web Site.

Appendix 1 – Terms and conditions for Niger Seed Export Program

Establishments involved with the exportation of non-propagative material containing niger (Guizotia abyssinica) seed, namely bird food to the U.S., are subject to procedures which ensure compliance with USDA import requirements. This program is designed to verify that such niger seed was imported into Canada via a USDA approved Guizotia abyssinica Seed – heat treatment facility (see USDA CIRD Facility Search for a list) ), maintained in segregation throughout the repackaging process and sent directly from the exporter to the United States accompanied with a copy of the original heat treatment certificate(s).

The Canadian Food Inspection Agency (CFIA) will verify that a facility meets the compliance standards based on the following criteria:

  1. The exporting facility will be inspected on an annual basis by a CFIA inspector.
  2. An exporting facility must show traceability of seed shipments from the USDA approved heat treatment facility through to the final exportation. The exporting facility must maintain records (i.e. inventory management and documentation) for each shipment of niger seed. The facility must demonstrate that each certified devitalized seed lot from a USDA approved Guizotia abyssinica Seed – heat treatment facility is segregated from seed that has not been treated in a USDA approved heat treatment facility.
  3. Storage bins must be cleaned prior to and after each use to ensure that no seed of unknown provenance can contaminate the USDA approved heat treated shipments.
  4. Seed lots must not be co-mingled.
  5. A representative sample will be taken from each imported seed lot by a CFIA inspector or responsible representative of the exporting facility, and retained for one year as a reference sample. A CFIA inspector will monitor the samples, as required, to verify that the seed has been effectively devitalized.
  6. A copy of the applicable heat treatment certificate(s) from a USDA approved facility must accompany every export shipment.
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