Seeds Regulations

40 (1) Subject to subsections (5) and (6), each seed lot that is imported into Canada shall be accompanied by a statement that contains the following information:

• (a) the name of the kind or species of seed;

• (b) the quantity of seed;

• (c) the variety name of the seed for all kinds, species and varieties subject to registration under Part III, other than non-pedigreed seed of forage crops;

• (d) the lot designation of the seed;

• (e) the name and address of the exporter; and

• (f) the name and address of the importer.

(2) Except as provided by subsection (5) or (6), the seed shall be accompanied by a seed analysis certificate indicating that the seed has been tested pursuant to paragraph 11(1)(b).

(3) Except as provided by subsection (5) or (6), the importer shall provide the Agency with a signed declaration stating

• (a) the information specified in subsection (1);

• (b) the country where the crop from which the seed is derived was grown;

• (c) the telephone number of the importer; and

• (d) the intended purposes of the imported seed.

(4) Where seed is imported into Canada by a person other than an establishment registered pursuant to Part IV as an authorized importer, it shall be kept separate and intact in the original packages until a notice of release has been issued by the Agency indicating that the seed meets the requirements of these Regulations.

(5) Subsections (1) to (4) do not apply in respect of a seed lot that

• (a) is composed of onion or garlic sets, tree seeds, shrub seeds, ginseng seeds, aquatic plant seeds, true potato seeds or flower seeds, except wildflower seed mixtures;

• (b) weighs 5 kg or less, in the case of seed of the kinds or species set out in any of Tables I to VI and XVI to XVIII to Schedule I, or seeds of similar size or herb seeds; or

• (c) weighs 500 g or less, in the case of seed of the kinds or species set out in any of Tables VII to XII to Schedule I, or seeds of similar size.

(6) Subsections (1) to (3) do not apply in respect of seed that is imported by an authorized importer where the authorized importer supplies the Agency with the establishment registration number at the time of importation and the information required by subsection (3) within 30 days after that time.

(7) If seed has been imported into Canada by an authorized importer under subsection (6), it shall be kept separate and intact in the original containers until a notice of release has been completed by an individual accredited under section 13.1 to evaluate imported seed and accompanying documents for conformity with these Regulations or the seed has been tested and found to be in conformity with these Regulations.