The Seeds Act and Seeds Regulations have undergone periodic amendments and revisions since the first laws were established in 1905. During this current initiative the Canadian Food Inspection Agency (CFIA) is looking to update the Seeds Regulations to:
- improve responsiveness and consistency
- reduce complexity
- become adaptable and flexible to address future technical advances and scientific innovation
- protect producers and consumers by strengthening existing requirements
In most seed laboratories throughout the world, purity analysis means the determination of the percentage by weight of pure seed, other seeds and inert matter. The principal criteria of purity employed in the Canadian grading system are based on the number of weed seeds, other crop seeds and other impurities per unit weight, although in some cases percentages by weight may also be grading factors. For the most part, the procedures of seed analysis used in the Canadian methods and procedures for testing seed (M&P) have been adapted from the Association of Official Seed Analysts (AOSA) and International Seed Testing Association (ISTA) rules and are to be used to provide the analytical information required to grade a seed lot in accordance with the Seeds Regulations and the grade standards. However, differences in the Canadian methods such as the size of the working sample and the use of a "sequential analysis" system for the determination of numbers of foreign seeds per unit weight can cause confusion. This confusion is compounded when testing crop kinds that are not in the grade tables (unscheduled) because a different set of weights and procedures are used compared to those crop kinds in the grade tables.
Based on the initial topics suggested by the seed regulatory modernization working group and the seed standards task team, the seed testing task team presented a work plan for the analysis and discussion of the following 12 topics:
- Seed testing requirements (section 11 of the Seeds Regulations)
- Seed testing rules and international harmonization
- Review of adopting different seed standards versus grade tables
- Accreditation of labs and analysts
- Standardization of test methods for additional seed quality traits
- Role of genetic testing in seed
- Seed sampling
- Maximum lot sizes
- Role of graders (domestic production versus imported seed)
- Seed lab imports
- Pure seed determination/inert matter requirements
- Mixtures
The task team focused on 3 major opportunities for improvement:
- Strengthening testing requirements
- Ability to adapt standards to changes occurring within the seed sector
- Reduce complexity of seed testing in Canada
For these 12 topics, a total of 50 options were proposed and discussed by the task team which generated 24 recommendations for presentation to the seed regulatory modernization working group:
Topic 1 - Seed testing requirements (section 11 of the Seeds Regulations)
- All seeds produced domestically for sale in Canada must be tested in a CFIA officially recognized laboratory but purity examination for crop kinds listed in grade tables I-VI can continue to be performed by an accredited grader
- Accredited graders performing purity examinations must participate in a continuing education program
Topic 2 - Seed testing rules and international harmonization
- Retain a Canadian specific seed testing rules document (M&P) but harmonize, where appropriate, with ISTA and/or AOSA rules by either referencing the applicable sections of ISTA or AOSA rules in the Canadian seed testing rules or inserting the applicable sections of ISTA or AOSA into the Canadian seed testing rules
Topic 3 - Review adopting different seed standards versus grade tables
- Simplify the seed standards whether they remain as grade tables or are replaced as minimum standards
- Remove the seed standards/grade tables from within the regulations and incorporate them by reference (ambulatory) with it remaining as a CFIA document (the CFIA holding the pen)
- Explore the concept of having seed lot information available via a QR code (this recommendation to be forwarded to the Information (includes records and labelling) task team)
Topic 4 - Accreditation of labs and analysts
- Retain an accreditation system administered by the CFIA for both labs and analysts
- Develop a standardized training program (in addition to the existing analyst exams) in order to become an accredited analyst (collaborative effort between the CFIA and Seeds Canada)
- Explore the concept of having a professional designation for analysts or equivalency to post-secondary diploma/degree (i.e. senior analyst)
Topic 5 - Standardization of test methods for additional seed quality traits
- Retain an accreditation system administered by the CFIA
- Lab accreditation for test methods on seed quality traits outside of the grade tables should not become a requirement
- For seed quality traits outside of the grade tables, explore changes to the reporting section within the M&P when using methods published in ISTA and AOSA Rules
Topic 6 – Role of genetic testing in seed
- Genetic testing should remain as an optional tool
- If genetic testing for varietal purity starts to replace field inspection then testing methods should be covered by a document and referenced within the Seeds Regulations similar to the Canadian specific seed testing rules document (M&P). Labs performing testing for varietal purity would be required to add this to their scope of accreditation
Topic 7 – Seed sampling
- Continue having licensed operators and accredited graders be considered licensed samplers under the current system
- Formalize a seed sampler specific training program or provide sampling specific information and updates to operators and graders
- Sampling information must be consistent and accessible to all those involved in selling seed (i.e. registered seed establishments (RSEs) and non-RSEs)
Topic 8 – Maximum lot sizes
- Do not make maximum lot sizes a regulatory requirement
- Develop a guideline for the maximum quantity within a lot that a seed test result can represent
- The guideline should consider quality and production issues that may impact lot sizes
- The guideline should be scientifically sound
Topic 9 - Role of graders (domestic production versus imported seed)
- Eliminate subsection 11(1)(b)(ii) from the Seeds Regulations that allows GB graders to conduct the purity examination for the purposes of importing seed
Topic 10 - Seed lab imports
- There should be recognition by the CFIA plant health regulators of the reasons for import by a seed lab such as the ones that are listed in the outline. The CFIA could explore whether there could be a recognized list of labs that can accept samples
Topic 11 - Pure seed determination/inert matter requirements
- Have a neutral, independent body establish expert stakeholder technical committees for each grade table (or crop kind/crop grouping) to conduct an in-depth review to determine whether a pure seed standard should be added and if so, recommend said standard (It may be determined that some crops may benefit from a pure seed standard while others may not)
Topic 12 - Mixtures
- The grade tables be incorporated by reference (ambulatory) with it remaining as a CFIA document (the CFIA holding the pen)
- Have a neutral, independent body establish expert stakeholder technical committees for each grade table (or crop kind/crop grouping) to conduct an in-depth review of all mixture tables with a focus on whether they can be simplified and if standards should be adjusted. If it is determined changes to the standards should be made, the committees would recommend any such changes
The full version of the seed testing task team final report is available upon request.