D- 95-26: Phytosanitary Requirements for Soil and Soil-Related Matter, and for Items Contaminated with Soil and Soil-Related Matter

Effective date: June 2, 2014
(4^th revision)

Subject

This directive contains the plant protection requirements for soil and soil-related matter, and for items contaminated with soil and soil-related matter, excluding plants and plant parts.

This directive has been updated to incorporate the following changes:

• All references to soil importing facilities have been replaced with soil handling facilities, to incorporate both the import and domestic movement of soil.
• The titles of Appendix 2, 2A, and 2B have been updated.
• Updated soil disposal requirements have been added to the soil-handling checklist in Appendix 2A to reflect that all soil originating from Prince Edward Island (PEI), Newfoundland and Labrador (NL) and all areas outside the continental United States (U.S.) must be double-bagged and sent to a municipal landfill for disposal following treatment, to further mitigate the risk of introduction and spread of potato wart (Synchytrium endobioticum).

On this page

• Amendment record
• Distribution
• Introduction
• Scope
• References
• Definitions, abbreviations and acronyms
• 1.0 General requirements
  • 1.1 Legislative authority
  • 1.2 Fees
  • 1.3 Regulated pests
  • 1.4 Regulated areas
  • 1.5 Commodities regulated under this directive
• 2.0 Import requirements
  • 2.1 Soil and soil-related matter (in bulk, i.e., not in association with plants or plant parts)
  • 2.2 Items potentially contaminated with soil and soil-related matter
• 3.0 Domestic movement requirements
• 4.0 Non-compliance
• 5.0 Appendices
• Appendix 1: Soil and soil-related matter – Exclusions
• Appendix 2: Requirements for the approval of soil-handling facilities
  • Appendix 2A: Soil-handling facility/laboratory inspection checklist
  • Appendix 2B: Standard operating procedure requirements for soil-handling facilities

Amendment record

Amendments to this directive will be dated and distributed as outlined in the distribution list below.

Distribution

1. Directive mail list (CFIA regional offices, CFIA Plant Health Risk Assessment Unit, United States Department of Agriculture)
2. Provincial government, industry organizations (determined by author)
3. National industry organizations (determined by author)
4. Internet

Introduction

Soil is a high-risk pathway for the movement and introduction of pests. The position paper on soil movement signed on April 24, 2003 by the three member countries of North American Plant Protection Organization (NAPPO) describes the risks and complexities associated with soil and associated pests:

"Soil, as evidenced from the international restrictions and prohibitions concerning its movement, is considered to be a high risk pathway for spreading a wide range of pests including, but not limited to: bacteria, fungi, insects, nematodes and weeds. Numerous soil-borne pests can survive for many years, with or without suitable hosts. Some of these pests can be detected visually while the detection of others requires sophisticated diagnostics."

The number and complexity of organisms in soil render assurances of freedom from pests of concern virtually impossible. As a result, strict phytosanitary measures in relation to soil are necessary in order to limit the risks of introduction and spread of significant soil-borne quarantine pests into Canada. Such measures are also required for soil-related matter which, by its nature, is indistinguishable from soil or highly likely to be contaminated with soil.

Scope

This directive specifies the phytosanitary requirements for the import and domestic movement of soil and soil-related matter. It includes requirements for soil and soil-related matter, and for items contaminated with soil and soil-related matter, such as logs/lumber, vehicles, equipment, tools and containers.

References

This directive supersedes all previous versions of D-95-26 and related documents.

• NAPPO Position on Soil Movement. 2003. NAPPO, Mexico City.
• D-97-04: Application, procedures, issuance and use of a Permit to Import under the Plant Protection Act. CFIA, Ottawa.
• D-08-04: Plant protection import requirements for plants and plant parts for planting. CFIA, Ottawa.
• D-01-06: Canadian phytosanitary policy for notification of non-compliance and emergency action. CFIA, Ottawa.
• D-96-05: Phytosanitary requirements for the importation and domestic movement of non-propagative potatoes (Solanum tuberosum) and related potato articles, including associated soil. CFIA, Ottawa.
• D-96-20: Canadian Growing Media Program, Prior Approval Process and Import Requirements for Plants Rooted in Approved Media. CFIA, Ottawa.

Definitions, abbreviations and acronyms

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

1.0 General requirements

1.1 Legislative authority

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

1.2 Fees

The CFIA and the Canada Border Services Agency (CBSA) charge fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported products, please contact the CFIA's National Import Service Centre. For any other information regarding fees, please contact any local CFIA office or visit our Fees Notice website.

1.3 Regulated pests

A large number of pests of quarantine concern can be transported in soil. The list of plant pest regulated by Canada is available on the CFIA's website.

1.4 Regulated areas

Regulated areas include:

• all countries
• all areas of Canada regulated for soil-borne pest(s)

1.5 Commodities regulated under this directive

• Soil and soil-related matter (in bulk, i.e., not in association with plants or plant parts). Appendix 1 provides a list of materials that are not considered to be soil and soil-related matter.
• Items contaminated with soil and soil-related matter, such as logs/lumber, containers, equipment, blocks of stone, machinery, tools, vehicles, military equipment and vehicles, etc.

For the purpose of this directive soil refers to soil and soil-related matter, and items contaminated with soil.

Commodities covered under this directive may also require approval and/or a Permit to Import under the Health of Animals Act and/or the Fertilizers Act. For information regarding requirements for products under the Health of Animals Act contact the Animal Health Directorate, Import/Export Section. For information regarding requirements for products under the Fertilizers Act, contact the Plant Health and Biosecurity Directorate of the CFIA.

2.0 Import requirements

2.1 Soil and soil-related matter (in bulk, i.e., not in association with plants or plant parts)

The importation of soil and soil-related matter from all countries is prohibited, except when imported under Section 43 of the Plant Protection Regulations for scientific research, education, processing, industrial or exhibition purposes (see Appendix 2).

2.2 Items potentially contaminated with soil and soil-related matter

The importation of items contaminated with soil and soil-related matter from all countries is prohibited. Inspection of items that could be contaminated with soil should be conducted at the first point of entry (seaport, airport or land border) to ensure that items are free of soil and soil-related matter. Some exceptions may apply for plants for planting (see directive D-08-04), potatoes (see directive D-96-05) and root crops (see directive D-94-26).

3.0 Domestic movement requirements

A Movement Certificate issued by the CFIA is required to transport soil and soil-related matter, plants with soil and items contaminated with soil and soil-related matter from a regulated area of Canada to non-regulated areas. The appropriate condition(s) must be stated on the Movement Certificate.

Movement Certificates may be issued when one of the following conditions is satisfied:

• The soil originates from an area found to be free from regulated pests on the basis of official surveys; or
• The soil has been treated (heat, steam, fumigation, irradiation, etc.) to render the material free from viable forms of the regulated pest(s); or
• The soil is moving between facilities or to a facility approved under Appendix 2 of this directive.

4.0 Non-compliance

In case of non-compliance with the above requirements, the regulated commodity in question will be refused entry into Canada, ordered removed from Canada or may be disposed of. The person in care or control of the commodity is responsible for any and all costs related to quarantine, destruction, treatment, disposal, disinfection or removal, including any costs incurred by CFIA or CBSA to monitor the action taken. A Notification of Non-Compliance will be issued in accordance to D-01-06: Canadian Phytosanitary Policy for the Notification of Non-Compliance and Emergency Action.

5.0 Appendices

• Appendix 1: Soil and soil-related matter – Exclusions
• Appendix 2: Requirements for the approval of soil-handling facilities
  • Appendix 2A: Soil-handling facility/laboratory inspection checklist
  • Appendix 2B: Standard operating procedure requirements for soil-handling facilities

Appendix 1: Soil and soil-related matter – Exclusions

The following are examples of types of commodities that are not considered soil and soil-related matter and, when free from soil and soil-related matter, are not subject to the import or movement requirements listed within this directive. They may, however, be subject to import and movement requirements listed in other policy directives.

• Inert substances used as packing material (see D-08-04: Plant protection import requirements for plants and plant parts for planting).
• Soil-free growing media and plants rooted in soil-free growing media that have been imported under the Canadian Growing Media Program (see D-96-20, Canadian Growing Media Program, Prior Approval Process and Import Requirements for Plants Rooted in Approved Media).
• Tissue culture medium (alone, without plants).
• Silica sand and pure minerals such as barite, greensand, kaolin, rock phosphate, rottenstone and tile clay (for industrial, cosmetic, therapeutic or environmental cleanup applications).
• Sand from salt-water beaches and seashells that are free from all animal matter.
• Gravel.
• Geological samples, ore samples from mining operations and core samples from well-drilling operations.
• Submerged sea-bed sediments and soil that originates from below the water level of a sea or a permanent lake.
• Peat originating from a non-agricultural area that has not been used previously for growing plants or for other agricultural purposes.
• Moss that has been dried or treated (see D-08-04: Plant protection import requirements for plants and plant parts for planting).

Appendix 2: Requirements for the approval of soil-handling facilities

1. The importer must apply for a Permit to Import prior to importation. The procedure for applying for a permit is described in directive D-97-04: Application, procedures, issuance and use of a permit to import under the Plant Protection Act. The maximum duration for permits issued for the importation of soil is 2 years. The conditions for a Section 43 Permit to Import differ depending on the end use of the soil. Conditions have been established for research facilities and for industrial facilities. For soil imported for research purposes, only one Permit to Import is required for all countries of origin. For soil imported for industrial purposes from the U.S., a separate Permit to Import is required for each state and territory from which the soil originates.
2. Before a Permit to Import or a movement certificate is issued, a CFIA inspector must inspect the facility and complete the checklist in Appendix 2A verifying that approved procedures are in place to sterilize and dispose of the soil and to prevent the potential introduction and spread of soil borne pests. All facilities must develop and implement written standard operating procedures (SOPs), as per Appendix 2B, which will be reviewed by the CFIA inspector to ensure all requirements have been addressed. Facilities wishing to be designated as an approved soil-handling facility for soil importations or domestic movement from regulated areas must be inspected every two years.
3. Material must be routed directly to the approved soil-handling facility or destination indicated on the permit or movement certificate. A Movement Certificate is required for any domestic movement of the material, including to transport the materials to any other approved soil-handling facility or disposal site.
4. Material must be packaged and transported in sturdy leak-proof containers. The material must be contained until processed. All residue, other than residue from destructive analysis, must be treated to prevent the potential introduction and spread of pests into Canada. The transport containers and packaging material must be treated or disposed of in a manner that will prevent pest introduction and spread.
5. The material must be clearly and uniquely identified at all times (i.e. during importation, transportation, testing, processing, research, storage and disposal).
6. The facility must keep a record of all regulated soil samples received (both imported and domestic), indicate the date soil was received, the Import Permit or movement certificate number, the country or province of origin, where the soil is in the facility and its status (e.g., treated, stored, disposal method, date).
7. Movement certificates can only be issued to facilities moving soil within Canada to other approved facilities or to approved disposal sites. The expiry date of the movement certificate shall not extend beyond the date of the next biennial facility inspection/approval.

Appendix 2A: Soil-handling facility/laboratory inspection checklist

Documentation checklist

• Is the Standard Operating Procedure (SOP) valid and up to date? (see SOP sample in Appendix 2B).
• Is internal movement of soil traceable via paperwork and records?
• Is import paperwork (incoming logs, etc.) complete and valid?
• Are disposal records, including autoclave calibration logs, accurate and up to date?
• Are staff aware of risk involved with the material (e.g. training and awareness)?
• Is this a university lab?
  If so, the permit and lab inspection report must be issued under the name of the professor (or officer) with responsibility for the lab.

Inspection checklist

• Are samples labeled to prevent them being mixed with non-regulated materials?
• Is the material delivered and stored in secured, leak-proof containers?
• Is storage facility adequate, safe and secure such that stored samples cannot contaminate surrounding land or groundwater? Does it contain and segregate international and regulated domestic soil from non-regulated domestic soil?
• Are spill-kits located effectively where needed? Are staff trained in their use? Does the SOP include provisions for dealing with spills?
• Are tools, equipment and surfaces appropriately sterilized/disinfected?
• Approved disinfectants: Ethanol (70%) or a bleach solution with a final concentration of 0.5% sodium hypochlorite (1:10 (V/V) dilution of household bleach).
• Is protective gear (lab coats, disposable gloves and footwear) available and used when appropriate?
• Are all soil-contaminated liquids captured and treated as is soil (e.g. autoclaved) or sent to a drain where water enters a municipal system, without bypass (storm overflow), for treatment?

• Is soil treated, prior to disposal, using one of the following processes:

  • Autoclave: 30 minutes, 15 lbs pressure, at 121º C. Soil must be moist and be placed in water permeable packages (e.g., paper bags) or in trays with soil in layers no thicker than 4.5 cm.
  • Dry oven: Soil in a layer 2.5 cm thick or less heated to 121 °C for a minimum of 6 hours.

  Soil originating from Prince Edward Island (PEI), Newfoundland and Labrador (NL) and all areas outside the continental United States (U.S.):

  After treatment, regulated soil must be double-bagged and sent to a municipal landfill for disposal. (For PEI and NL: The one exception is if the regulated soil is returned to the same field that it came from.)

  Regulated soil from provinces other than PEI, NL and the continental U.S.:

  Regulated soil, after it has been treated, shall never be used on agricultural land.

  In lieu of treatment, soil can also be sent for deep burial at an approved CFIA deep burial site.

  For the purposes of this directive deep burial is defined as having a minimum of 2 metres of cover that will not be disturbed.

• Is another disposal method used? If so, please provide information.

Appendix 2B: Standard operating procedure requirements for soil-handling facilities

1. All facilities must have written operating procedures for handling regulated soil and soil-related matter.
2. The facility must notify CFIA of any significant changes to their procedures or of any change in personnel handling regulated soil.
3. Movement of regulated soil and soil-related matter outside the facility is only permissible with written approval from the CFIA (Movement Certificate).
4. The following may serve as a guideline as to the information to include in standard operating procedures.