Source: Canada Gazette
Vol. 139, No. 14 — July 13, 2005
Original document: http://canadagazette.gc.ca/partII/2005/20050713/html/sor220-e.html#REF1

Registration
SOR/2005-220 June 29, 2005

SEEDS ACT

Weed Seeds Order, 2005

The Minister of Agriculture and Agri-Food, pursuant to subsection 4(2) (see footnote a) of the Seeds Act, hereby makes the annexed Weed Seeds Order, 2005.

Ottawa, June 28, 2005

Andrew Mitchell
Minister of Agriculture and Agri-Food

WEED SEEDS ORDER, 2005

WEED SEEDS

1. The seeds of the species of plants set out in the schedule are deemed to be weed seeds for the purpose of establishing grades under the Seeds Act.

REPEAL

2. The Weed Seeds Order, 1986 (see footnote 1) is repealed.

COMING INTO FORCE

3. This Order comes into force on July 1, 2005.

SCHEDULE
(Section 1)

CLASS 1

PROHIBITED NOXIOUS WEED SEEDS

(Applicable to all tables of Schedule I to the Seeds Regulations)

CLASS 2

PRIMARY NOXIOUS WEED SEEDS

(Applicable to all tables of Schedule I to the Seeds Regulations except Tables XIV and XV)

CLASS 3

SECONDARY NOXIOUS WEED SEEDS

(Applicable to all tables of Schedule I to the Seeds Regulations except Tables XIV and XV)

CLASS 4

SECONDARY NOXIOUS WEED SEEDS

(Applicable to Table XII of Schedule I to the Seeds Regulations)

The weed species named in Class 3 and in addition:

CLASS 5

NOXIOUS WEED SEEDS

(Applicable to Tables XIV and XV of Schedule I to the Seeds Regulations)

CLASS 6

OTHER WEED SEEDS

Seeds of all other species not listed as crop kinds in Schedule I to the Seeds Regulations.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The Weed Seeds Order (WSO) is a ministerial order made under the Seeds Act and is an integral part of the seed standards of Canada. The purpose of the WSO is to identify the species of plants classified as weed seeds for the purpose of establishing grades under the Seeds Act.

Weeds are classified according to the seriousness of the effects that they may have in agricultural production systems if found in seed. The number of weed seeds of each class permitted in the different grades of seed is specified in Schedule I of the Seeds Regulations. Six classes of weeds are included in the WSO.

Amendments are necessary to respond to new weed problems and to reclassify those species that are no longer a problem. The WSO was last amended in 1986 when 21 species were added to Class 1 (Prohibited Noxious) and slight changes made to the other classes.

Many of the species added to the prohibited noxious list in 1986 were plants that are native to Canada. Because they are already present or are widely spread in Canada, they don't meet the current international criteria for quarantine or prohibited pests [e.g. International Standards for Phytosanitary Measures No. 11 Pest Risk Analysis for Quarantine Pests (Food and Agriculture Organization, 2002)]. As a result thirteen species are removed from the WSO (i.e. Two-grooved milk-vetch, Timber milk-vetch, Narrow-leaved milk-vetch, Western water-hemlock, Low larkspur, Tall larkspur, Silvery lupine, Early yellow locoweed, Greasewood, Golden-bean, Seaside arrow-grass, White camas, Death camas). In addition, two species that have not been found to spread through seed, and are common or native to Canada, are being removed [i.e. Western stickseed (Class 3) and Ground ivy (Classes 4 and 5)].

Four species that are not yet in Canada or are not yet broadly established in Canada, but which have the potential to cause serious harm, have been identified as additions to Class 1 of the WSO (i.e. Jointed goatgrass, Woolly cup grass, Serrated tussock, Giant foxtail). In addition, four species that are of concern in some agricultural sectors are added to the WSO as primary or secondary noxious weeds (i.e. Purple loosestrife (Class 2), Sterile oat (Class 3), Canada thistle (Class 5) and Scentless chamomile (Class 5)).

A number of other species are being reclassified either because they have been deemed more serious [i.e. Johnson grass (Class 2 to Class 1)], are too widespread to be considered prohibited noxious [i.e. Field bindweed (Class 1 to Class 2)], or are rarely found in seed [i.e. Tansy ragwort (Class 1 to Class 2)].

Regulation of weed seeds affects global trade. Canada has international commitments for seed quality through membership in the Organization for Economic Cooperation and Development (OECD) Seed Schemes and the Association of Official Seed Certifying Agencies (AOSCA). By preventing the introduction of a weed not yet present in Canada, a potential export problem that would require additional inspection services, or in the extreme, loss of an export market is eliminated. Most countries have restrictions on the presence of particular weeds in seed import shipments, and typically the country of export must certify that the shipment is either free from the particular weed or within prescribed tolerances. Because the changes are minor and do not constitute a shift in the basic regulatory framework, the changes will not impact Canada's international commitments.

Alternatives

1. Status Quo

Not responding to newly identified weed seed issues could lead to potentially reduced crop yields and increased costs related to weed eradication and control. Leaving weeds that are on the prohibited noxious list that are native to Canada denigrates the value of the list because, in effect, CFIA is prohibiting the import or sale of something that is native to Canada.

2 - Amend Order (preferred option)

Continued regulation, with amendments to ensure that the standards remain current and efficient, is the best choice in order to facilitate the domestic and international trade of high quality seed.

Benefits and Costs

Benefits

The control of invasive plant species for which seed of agricultural crop species is a vector benefits the agri-food industry by preventing the spread of weeds that have the potential to reduce crop yields and limit access to markets. The addition of a species to the WSO will result in a reduction in the risk of its introduction and/or spread in Canada. Failure to address the establishment and spread of a new weed species can have major economic effects.

In general, the movement of a species to a lower class or removal of a species from the WSO has the potential to provide savings to the industry by reducing the number of demotions to a lower grade or rejection of fewer seed lots.

The withdrawal of species native to Canada from the prohibited noxious weed seed list, as well as reclassification of species already widely distributed in Canada, corrects the inappropriate classification of a number of weeds.

Costs

The changes will have positive impacts in that they will reflect current realities in the seed industry, will facilitate international trade and afford some protection of agricultural lands from invasive plant species. Because the changes constitute minor clarifications or alterations of pre-existing conditions, the negative impacts and risks will be relatively minor. There may be slight increases in costs to industry where species are added due to the requirement for more seed cleaning or the downgrading of seed lots, but on the whole these costs should be relatively low.

The removal of species from the prohibited noxious list could result in minor reductions in livestock production due to the potential spread of native weed species that contain toxic substances. However, very few seeds of these species have been found in seed samples in recent years indicating that seed is not likely a primary vector for spread of these species.

Consultation

Since the WSO was last revised over 15 years ago, requests for further amendments have been received from numerous sources, including seed companies, national and provincial seed grower associations, regional governments, government seed inspectors, and private seed analysts.

In 1997, a review was initiated to identify potential improvements to the WSO and, through consultation, to reach consensus on proposed amendments. A document was circulated on May 30, 1997 listing potential changes. Comments were received from seed companies, seed grower associations, seed analysts, and provincial and regional governments. Proposed amendments were grouped according to their acceptability to the various stakeholders. Those for which there was unanimous, near unanimous or general consensus for change have been identified and are being put forward at this time. Since the late 1990s there have been other requests for modifications to the WSO. Where the scientific validity of the request could be established and it was anticipated that stakeholder acceptance would be high, the request is also being included at this time (e.g. Woolly cup grass).

A document outlining proposed changes to the WSO was posted on the CFIA Seed Section Web site in June of 2003 and has been circulated through the Canadian Seed Trade Association, the Canadian Seed Growers' Association and the Noxious Weeds Working Group of the Canadian Weed Science Society. With the exception of the inclusion of Downy Brome to the WSO as a secondary noxious weed, no negative comments or suggestions for further study have been received. Further consultations on Downy Brome have taken place. However, because consensus has not been achieved regarding this species, it has been removed from the proposals posted in June 2003 and will be considered in the next round of amendments to the WSO.

The order was pre-published in the Canada Gazette, Part I, on February 26, 2005 for a 75-day comment period. No comments were received.

Compliance and Enforcement

There will be no need to change current compliance and enforcement strategies as a result of this Regulation.

Contacts

Michael Scheffel or Christine Tibelius
Canadian Food Inspection Agency
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9
Telephone: (6l3) 225-2342
FAX: (613) 228-6629

R.S., c. 49 (1st Supp.), s. 4(4)

SOR/86-836