Executive summary of the information (including records and labelling) task team final report - seed regulatory modernization

The Canadian Food Inspection Agency (CFIA) is committed to a full-scale review of the following parts of the Seeds Regulations:

  • Part I - Seeds other than Seed Potatoes
  • Part II - Seed Potatoes
  • Part III - Variety Registration
  • Part IV - Registration of Establishments that Prepare Seed and Licensing of Operators

The objective of the information (includes records and labelling) task team was to provide recommendations in a report to the seed regulatory modernization working group on opportunities for improvement with respect to how the Seeds Regulations govern the information requirements for seed sold in and imported into Canada.

The Seeds Act and Seeds Regulations have undergone periodic amendments and modernizations since the first laws were established in 1905. During this current initiative, the CFIA is looking to update the Seeds Regulations to:

  • improve responsiveness and consistency
  • reduce complexity
  • be adaptable and flexible to address future technical advances and scientific innovation
  • protect producers and consumers by strengthening existing requirements

There are information requirements for labelling, official tags, advertising registered varieties, records for registered seed establishments (RSEs), use of variety names, brand names, grade, purity, germination, acceptable laboratories, methods of testing seed, imports and exemptions for pedigreed and non-pedigreed seed in the Seeds Regulations.

Stakeholders considered how the government should move forward in a digital age to use modern and emerging technologies when reviewing the availability of information, labelling and records requirements in the Seeds Regulations. Knowing which seeds (especially weeds) are present in a seed lot, the ability to identify a breeding method/technology for a variety and the impact on the declaration for organic production, accessing information stored in multiple formats and locations, etc. were identified as challenges to some stakeholders.

Based on the initial topics suggested by the seed regulatory modernization (SEED-RM) working group, the task team presented a work plan for the analysis and discussion of the following 8 topics:

  • Grade names
  • Information requirements at the time of sale
  • Digitalization
  • Quick response (QR) codes on the official tag
  • Variety names
  • Varietal blends
  • Mixtures
  • Imported seed requirements

The task team focused on three major opportunities for improvement:

  • Increase transparency and access to information on a seed lot and for varieties
  • Streamline processes and information requirements
  • Ability to adapt labelling requirements to changes within the seed sector 

The task team discussed multiple options considering the pros/benefits and cons/risks of each possible option prior to providing recommendations on each topic. In expressing the final recommendation results, the concept of a qualified consensus represented the threshold for agreement by the group. The term 'qualified consensus' is a majority of the members from each stakeholder group (i.e., regulated members and impacted/implicated members) agreed upon the recommendation.

Each task team topic report submitted to the SEED-RM working group is available in the information (includes records and labelling) final report. A total of 40 options were proposed and discussed by the task team which generated 20 recommendations being presented to the SEED-RM working group:

Topic 1 – Grade names

  • Continue to use grade names for pedigreed seed. For non-pedigreed seed, grade names (i.e., Common No.1) can be used on seed lots processed by registered seed establishments (RSEs) and graded by an accredited grader. Except for vegetable seeds in grade tables XVI-XX and other miscellaneous seeds, non-pedigreed seed intended for sale that is not processed by a RSE and graded by an accredited grader, the seed lot must be labelled with the purity and germination information described in section 18 of the Seeds Regulations
  • Modernize section 18 with respect to supplying purity and germination information to the purchaser within an appropriate timeframe significantly less than 30 days

Topic 2 – Information requirements at the time of sale

  • The task team reached a qualified consensus to significantly shorten the 30 day timeframe in subsection 18(3) of the Seeds Regulations when the purity and/or germination information is requested by a potential purchaser as this information would be available as soon as a seed lot is known to meet the grade name standards
  • The task team reached a qualified consensus to have an ambulatory incorporation by reference (IBR) document to provide flexibility for crop specific labelling requirements and to incorporate additional labelling requirements in the future. The task team recommends that the CFIA would be responsible for this ambulatory IBR document
  • As an overall recommendation, the task team recommends that there should be further education on the standards and the requirements in the Seeds Regulations
  • The CFIA should further explore the legal limitations to publicly provide information around the breeding method/technique that does not trigger a plant with a novel trait (PNT) authorization but the variety has been genetically modified (for example, gene edited, etc.)

Topic 3 – Digitalization

  • The task team reached a qualified consensus to  update the regulations to remove reference to specific documents, forms, etc. if this information is available under a CFIA approved quality management system with oversight by the conformity verification body and/or the CFIA to maintain registrations, accreditations, licenses, etc.
  • The majority of the task team members supported recommending the following two options but did not reach a qualified consensus:
    • Require the information on the pedigreed seed declaration to be digitally submitted to the regulator
    • Digitize the seed certification process for pedigreed seed into a single window by expanding the Canadian Seed Growers' Association's (CSGA's) SeedCert platform   
  • The task team supports streamlining the process for a bulk storage facility (BSF) to be able to downgrade pedigreed seed. The majority of the regulated members thought there was value in automating the grading process to determine the appropriate pedigreed grade names that could be assigned to a seed lot as a digital tool to help streamline the grading process
  • The majority of the task team members only supported aspects of creating a variety platform which could be driven by the seed sector. Considering there is information in multiple locations and the potential that seed guides may not continue in the future, the task team members thought there was value in having variety information accessible in real-time and in one location for registered varieties, PNTs, plant breeder's rights, information from the transparency database (i.e., gene edited varieties), etc. and information from seed guides if they are no longer available
  • The task team members recommends that there should be funds continually allocated for the development, maintenance and continuous improvement of any digital seed platforms to ensure continuous improvement of digital platforms, be able to remain competitive as technology evolves and the digital systems work well. It appears that digitization could bring cost savings into the seed system but will require ongoing funding to support digital platforms

Topic 4 – QR Codes on the official tag

  • Regardless of whether QR codes were to become part of the official tag or not, the required information in subsection 33(2) of the Seeds Regulations should continue to be printed on the official tag
  • CFIA and the seed sector should continue to examine ideas and potential opportunities around the use of QR codes and digital seed tags

Topic 5 – Variety names

  • There was a qualified consensus to keep the current requirements and exemptions as is for the use of variety names on non-pedigreed seed sold, advertised and imported into Canada listed in Schedule II

Topic 6 – Varietal blends

  • Use the existing green mixture tag (CFIA 0038) for non-plant pest tolerant management (PPTM) varietal blends

Topic 7 – Mixtures

  • Consideration should be given to providing additional flexibility to mixtures and corresponding labelling requirements after consulting with the stakeholders involved in mixtures
  • Records must be kept by facilities involved in producing mixtures, including facilities that are not registered seed establishments

Topic 8 – Imported seed requirements

  • There was a qualified consensus for small seed lots of 5 kg or less for large seeded crop kinds (such as peas, wheat, soybeans and corn) or is 500 g or less for small seeded crop kinds (such as alfalfa, tomato or canola) should be required to have a purity analysis prior to importation into Canada with the exemption of small lots for research; the importance of the research exemption was reinforced by some of the members
  • There was a qualified consensus to allow Organisation for Economic Co-operation and Development (OECD) and Association of Official Seed Certifying Agencies (AOSCA) pedigreed seed imported into Canada that is sealed and labelled with AOSCA and OECD tags to be sold in the original packages with the seed quality information required by section 18 of the Seeds Regulations instead of re-tagging with an inter-agency tag and applying a Canada pedigreed grade name
  • There was a qualified consensus to develop and implement a digital platform to improve and streamline the information flow for clearing imported seed lots into Canada. Digitalization should complement and align with the authorized importer program. It was suggested that this option would help streamline the implementation of other options as it may take a while to develop and implement

In addition to the above topic report recommendations, the task team discussed the following overarching opportunities for improvement to consider during the seed regulatory modernization process:

  • Increase transparency and access to information of non-conformances and non-compliances with the frequency of occurrence to be publicly available to help promote compliance and awareness
  • There should be further consultation with impacted regulated stakeholders when considering crop, commodity and import specific information and labelling requirement changes
  • There should be initiatives to increase education, awareness and knowledge to promote compliance and consistency in the seed program

The full version of the information (including records and labelling) task team final report is available upon request.

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