D-06-03: Import Requirements for Wheat, Barley, Triticale and Rye for Propagation Originating from the State of North Dakota and Approved Areas within the State of Montana
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Effective Date: October 21, 2013
(2nd Revision)
Subject:
This directive introduces alternate phytosanitary import requirements for certified seed of wheat (including durum), barley, triticale and rye originating from the state of North Dakota and approved counties within the state of Montana.
Importers holding a valid import permit issued under the Plant Protection Act may import grains regulated by this directive when shipments are accompanied by a Certificate of Origin and a certified seed tag in lieu of a Phytosanitary Certificate as outlined in D-99-01 (Barley, Oat, Rye, Triticale and Wheat - Phytosanitary requirements on Import, Transshipped, In-transit and Domestic movement).
This directive has been revised to update the review date, as well as minor administrative changes. The content of this directive has not changed.
Table of Contents
- Review
- Endorsement
- Amendment Record
- Distribution
- Introduction
- Scope
- References
- Definitions, Abbreviations and Acronyms
- 1.0 General Requirements
- 2.0 Specific Requirements
- 3.0 Participants
- 4.0 Inspection Requirements
- 5.0 Non-Compliance
- 6.0 Appendices
Review
This directive will be updated as required. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).
Endorsement
Approved by:
Chief Plant Health Officer
Amendment Record
This directive will be updated as required. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).
Distribution
- Directive mail list (Regions, PHRA, USDA)
- Provincial Governments, Industry (determined by Author)
- National Industry Organizations (determined by Author)
- Internet
Introduction
The CFIA is herein providing alternate phytosanitary import requirements for certified seed of regulated commodities: wheat (including durum), barley, triticale and rye originating from the state of North Dakota and approved counties within the state of Montana. A certified seed tag and a Certificate of Origin will be accepted for certified seed that meets all of the import conditions outlined in Section 2.1.
Scope
This directive is intended for the use of the CFIA inspection staff and the Canada Border Services Agency in order to prevent the entry of regulated pests of cereals, including dwarf bunt, flag smut of wheat and Karnal bunt, into areas of Canada not currently infested with these pests. It is also intended for use by importers, shippers and customs brokers as a reference to the phytosanitary import requirements of the regulated commodities.
References
- Directive D-96-07: Import requirements for screenings and grain and seed for cleaning
- Directive D-97-04: Application, procedures, issuance and use of a Permit to Import under the Plant Protection Act
- Directive D-99-01: Barley, Oat, Rye, Triticale and Wheat - Phytosanitary Requirements on Import, Transshipped, In-Transit and Domestic movement.
- Directive D-01-06: Canadian phytosanitary policy for the notification of non-compliance and emergency action.
- Directive D-05-02: Import requirements for wheat, triticale, rye and barley for non-propagative uses originating from the state of North Dakota and approved counties within the state of Montana.
- List of Pests Regulated by Canada
All other directives relating to phytosanitary requirements for field crop commodities may be found at:
- Plant Protection Policy Directives - Grains and Oilseeds
- Plant and Plant Products Import Primer
- Importers are also advised to consult the Automated Import Reference System (AIRS)
- Canada Border Services Agency (CBSA) Harmonized System Compliance
Definitions, Abbreviations and Acronyms
Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.
1.0 General Requirements
1.1 Legislative Authority
- Agriculture and Agri-Food Administrative Monetary Penalties Act, S.C. 1995, c. 40.
- Canadian Food Inspection Agency Act, S.C. 1997, c. 6
- Plant Protection Act, S.C. 1990, c. 22
- Agriculture and Agri-Food Administrative Monetary Penalties Regulations, S.O.R./2000-187.
- Plant Protection Regulations, S.O.R./95-212
- Seeds Act, R.S. 1985, c. S-8
- Seeds Regulations, CRC, c. 1400
- Canadian Food Inspection Agency Fees Notice, Canada Gazette, Part 1 (as amended from time to time)
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 Centre (ISC). Anyone requiring other information regarding fees may contact any local CFIA office or visit the Fees Notice section of the CFIA web site.
1.3 Regulated pests
- Cuscuta spp. (dodder)
- Orobanche spp. (broomrape)
- Striga spp. (witchweed)
- Tilletia indica Mitra (Karnal bunt)
- Wheat attacking strains of Urocystis agropyri (Preuss) Shroeter (wheat flag smut or flag smut of wheat)
- Tilletia controversa Kuhn (dwarf bunt)
- Trogoderma granarium Everts (khapra beetle)
In addition to the pests listed above, which could be associated with the regulated commodities, consignments must be free from all other pests on the List of Pests Regulated by Canada.
1.4 Regulated Commodities
Certified seed of wheat (Triticum spp.), triticale (X-Triticosecale), barley (Hordeum spp.) and rye (Secale spp.) originating from thestate of North Dakota and approved counties within the state of Montana.
Other commodities such as grain, straw, hay and compost of wheat (Triticum spp. including T. durum), triticale, barley, oat, and rye are regulated by directives D-99-01, and D-05-02. Seed and grain for cleaning, screenings, chaff and hulls of, or derived from, barley, wheat, rye, triticale and oat(including products derived from these) are also regulated by directives D-99-01 and D-96-07.
1.5 Commodities Exempt
- Cooked grain; meal;
- Couscous; endosperm; flour; germ; gluten; pasta; semolina
- Broken, chopped, crushed, flaked, ground, kibbled, pearled, rolled, or sliced grain;
- Bran; middlings; milling run; shorts
- Sprouted seed and seedlings for food or feed; malt; malt sprouts
Note: Importers and shippers should be aware that all shipments may be subject to inspection to verify freedom from quarantine pests and practical freedom from injurious pests and soil.
1.6 Regulated Areas
The state of North Dakota and approved counties within the state of Montana (Appendix 1).
2.0 Specific Requirements
2.1 Import Requirements
Regulated commodities (see Section 1.4) from regulated counties must meet all of the following conditions:
- Originate only from North Dakota or approved counties within the state of Montana;
- Must be clean and free from soil and regulated weed seeds and other regulated pests;
- Must be produced, packaged and shipped directly from a facility within the regulated counties specified within Section 1.6;
- Imported grain cannot be cleaned after importation into Canada, unless an "Application to handle imported screenings or to import grain/seed for cleaning in Canada" (D-96-07) has been completed by the importer and approved by CFIA; and
- The product cannot be delivered to, stored or handled in a primary or terminal elevator; and
- The Importer must have a valid Permit to Import as specified in Section 2.2.1;
- Is accompanied by a Certificate of Origin issued by the state regulatory agency specified in Section 2.2.2;
- Tagged with an official certified seed tag as specified in Section 2.2.3;
- Imported, certified and monitored by the participants that are listed in Section 3.0 of this directive;
- Meet all pertinent requirements of the Seeds Act and Regulations.
Note: also that all options specified in D-99-01 are still valid as an alternative to the requirements specified in this directive.
2.2 Documentation and Movement Conditions
Under this directive, a Phytosanitary Certificate is not required for certified seed of wheat, barley, triticale and rye originating from the state of North Dakota and approved counties within the state of Montana. A Permit to Import, official certified seed tags and a Certificate of Origin are required.
2.2.1 Permit to Import
The Permit to Import can be valid for up to two years.
For additional information regarding the issuance of a Permit to Import please consult D-97-04: Application, procedures, issuance and use of a Permit to Import under the Plant Protection Act.
2.2.2 Certificate of Origin
An example of the information required to appear on a Certificate of Origin issued by State regulatory agencies is provided in Appendix 2. The certificate shall be completed by the exporter, where that exporter has entered into a compliance agreement with the Montana/North Dakota State Regulatory Agency authorized to issue USDA Phytosanitary Certificates. The Certificate of Origin must be validated by an official of the State Regulatory Agency authorized to issue USDA Phytosanitary Certificates.
2.2.3 Certified Seed Tags
The Certified Seed Tags shall:
- be attached to all bags included in the shipment (or a Bulk Sale Certificate for bulk shipments); and
- be issued by the North Dakota or Montana State Regulatory Agency authorized to issue official certified seed tags; and
- indicate lot number, variety name, certification number, origin of the seed, date tested and net weight; and
- provide any other information required by the Seeds Act and Regulations
3.0 Participants
The participants in this program are:
- Importers to whom the CFIA will have issued a Permit to Import;
- USDA, Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ);
- The North Dakota Department of Agriculture (Plant Protection Division);
- The Montana Department of Agriculture (Agricultural Sciences Division);
- The CFIA with the cooperation of the CBSA.
4.0 Inspection Requirements
4.1 Document Verification
Prior to release for importation, the CFIA will verify that all the required documents accompany each consignment. Each certified seed tag and Certificate of Origin shall conform to the requirements specified in Sections 2.2.1, 2.2.2 and 2.2.3 of this Directive and be fully completed. A valid Permit to Import must be presented and verified prior to release for importation. The number of the Permit to Import must appear on the Certificate of Origin presented for release of the consignment.
4.2 Product Inspection
All shipments may be subject to inspection and sampling by the CFIA to ensure that regulated commodities and regulated articles are in compliance with Canadian phytosanitary import requirements. Import inspections may be conducted at either the port of entry or another place designated by the CFIA.
5.0 Non-Compliance
Please consult How does the CFIA respond to non-compliance? in the Plant and Plant Products Import Primer.
Notifications of non-compliance will be issued in accordance with D-01-06: Canadian Phytosanitary Policy for the Notification of Non-compliance and Emergency Action.
6.0 Appendices
- Appendix 1: List of Approved Areas
- Appendix 2: Example of the information required to appear on a Certificate of Origin issued by State regulatory agencies authorized to issue USDA phytosanitary certificates
Appendix 1: List of Approved AreasFootnote 1
Approved Montana counties:
- Beaverhead
- Blaine
- Broadwater
- Carter
- Cascade
- Custer
- Daniels
- Dawson
- Deer Lodge
- Fallon
- Garfield
- Glacier
- Golden Valley
- Granite
- Hill
- Jefferson
- Judith Basin
- Lewis and Clark
- Liberty
- Lincoln
- Madison
- McCone
- Meagher
- Mineral
- Musselshell
- Park
- Petroleum
- Phillips
- Pondera
- Powell
- Prairie
- Richland
- Roosevelt
- Sanders
- Sheridan
- Silver Bow
- Sweetgrass
- Toole
- Treasure
- Valley
- Wheatland
- Wibaux
- Yellowstone
Grain originating from other counties of the state of Montana may be imported into Canada, if accompanied by a Phytosanitary Certificate with the appropriate additional declarations for the area of Canada they are imported into as defined in D-99-01.
North Dakota
All counties in North Dakota are approved to participate with this directive
Appendix 2: Example of the information required to appear on a Certificate of Origin issued by State regulatory agencies authorized to issue USDA phytosanitary certificates
Statement of Origin, Cereal Grain Exports to Canada
[Name of State Department of Agriculture included herein]
[Address of State Department of Agriculture included herein]
To the plant protection organization of: Canada
This is to certify that the plants, parts of plants or plant products described below were produced and originated in the state(s) and county(ies) listed below.
Certificate Number: State Compliance Agreement Number:
Exporter's Name and Address:
Consignee's Name and Address:
Canadian Import Permit Number: P-XXXX-XXXXX
Crop Kind (e.g. barley, rye, triticale, wheat, oats):
Quantity imported (Number and Description of Packages):
Distinguishing marks (trailer number, rail car number):
Certification Number:
Lot Number:
Lot Size:
Origin (state and county):
Declared means of Conveyance:
I certify that the seed originated in the state of North Dakota and approved counties within the state of Montana or an approved county of Montana and complies with the origin requirements specified in the plant protection policy directive D-06-03 of Canadian Food Inspection Agency
Name of Authorized Officer
(State Department of Agriculture)
- Date modified: