Questions and Answers

Proposed Amendments to the Seeds Regulations to Clarify the Requirements for Grading, Labelling and Advertising of Plant Pest Tolerance Management Varietal Blends

On November 6, 2010, the Government of Canada announced proposed amendments to the Seeds Regulations to clarify the grading, labelling and advertising requirements for seed of plant pest tolerance management (PPTM) varietal blends. The amendments have been published in the Canada Gazette, Part I for a 30-day comment period.

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What is a varietal blend?

A varietal blend is a blend of pedigreed seed of two or more varieties of the same kind or species. An example of a varietal blend is a blend of the two alfalfa varieties, 54H11 and 54V09.

What is a plant pest tolerance management (PPTM) varietal blend?

A PPTM varietal blend is a varietal blend that

• is approved by the Canadian Seed Growers' Association, and
• is specifically intended to maintain a plant pest tolerance characteristic in one or more of the component varieties.

PPTM varietal blends can only be established for crop kinds listed in Tables I to II.1 or IV to VII of Schedule I to the Seeds Regulations.

An example of a PPTM varietal blend is a blend of seed of the wheat variety Unity (tolerant to wheat midge attack) and the seed of the wheat variety Waskada (susceptible to wheat midge attack). This blend is intended to manage the wheat midge tolerance trait in wheat.

What is pedigreed seed?

Pedigreed seed is derived from a seed crop that has been issued a crop certificate by the Canadian Seed Growers' Association, based on a crop inspection report and compliance with all certification requirements. The crop certificate indicates that the seed crop has been granted one of the following statuses: breeder, select, foundation, registered or certified status.

What is the objective of the proposed regulatory amendments?

The proposed regulatory amendments would clarify the requirements for grading, labelling and advertising PPTM varietal blends, so that they are truthfully represented in the marketplace. The proposed amendments would clearly state that a Canada pedigreed grade name, such as Canada Certified No. 1, along with official certification tags, could be applied to PPTM varietal blends.

What is a "susceptible refuge variety"?

A susceptible refuge variety is a variety that does not carry the tolerance gene to tolerate pest attacks. It provides a refuge of host plants on which the pest can survive in the field. Pests feeding on the susceptible refuge variety will experience no selection pressure to overcome a tolerance characteristic.

What is a "tolerant variety"?

A tolerant variety is a variety that carries the gene conferring tolerance to the pest and prevents the pest from successfully feeding on the tolerant host plant. Eventually, however, a proportion of the pests attempting to feed on the tolerant variety may develop a mutation that allows them to overcome the tolerance characteristic and successfully attack the tolerant host plant.

What is the role of a refuge (susceptible) variety in managing a plant pest tolerance characteristic?

A small percentage of a susceptible variety (refuge) interspersed in a field of the tolerant variety greatly reduces the probability that the pest will overcome the tolerance characteristic, and thus extends the useful life of the tolerance characteristic.

In the case of the new wheat varieties tolerant to the Orange blossom wheat midge, the midges that mutate to overcome the tolerance characteristic would be able to successfully feed on the tolerant variety. The midges that have been feeding on the susceptible variety have had no selection pressure to overcome the tolerance characteristic and would be unlikely to carry such a mutation. When individual midges from the mutated midge population and the non-mutated population mate, the resulting progeny would not express the mutation and would be unable to feed on the tolerant host. The mutation to overcome the tolerance characteristic would not be retained in the next generation.

Neither the larvae nor the adult Orange blossom wheat midge travel far from the individual wheat plant they feed on. To ensure that mating between the two populations occurs, it is necessary to grow the susceptible host plants close to the tolerant host plants.

What will be the grading requirements (seed quality standards) for PPTM varietal blends?

Under the proposed amendments, in order to be graded with a Canada pedigreed grade name, PPTM varietal blends would be required to meet the standards specified for that crop kind in Schedule I to the Seeds Regulations. The grade standards for seed of a PPTM varietal blend would be identical to seed of a single variety of the same crop kind.

How will a PPTM varietal blends be labelled in the marketplace?

Under the proposed amendments, PPTM varietal blends would be labelled with the names of both the tolerant and susceptible varieties in the blends. This will maintain transparency of the varietal identity for seed growers and purchasers. It will also help with tracking and tracing pedigreed seed in the marketplace.

Will modified variety names be permitted for advertising use on PPTM varietal blends under the proposed amendments?

Yes. For advertising purposes only, it would be permitted to use the name of the tolerant variety alone (without the name of the susceptible variety in the blend), followed by the designation "VB" for varietal blend (for example, Unity VB).

How will PPTM varietal blends be multiplied and certified, under the proposed amendments?

There are two ways that seed of PPTM varietal blends can be multiplied and certified.

In the case of wheat varieties tolerant to wheat midge, seed of the tolerant and susceptible varieties in the varietal blend are blended at high generations and multiplied as a blend to produce subsequent generations of pre-blended seed.

In this wheat seed production system, the Canadian Seed Growers' Association (CSGA) will issue crop certificates only when the proportions of the component varieties in the PPTM varietal blends have been assessed and found to conform to those prescribed in the "Additional Certification Requirements" for the appropriate tolerant variety. If the proportions are not as specified, additional seed of the appropriate variety must be mixed into the blend to bring the proportions of the tolerant and susceptible varieties into conformance.

Another way of producing PPTM varietal blends is to blend certified-status seed of the two varieties in a registered seed establishment prior to sale. There would be no requirement for a new crop certificate to be issued for the blended seed but the official tag must bear the two-digit seed year designation, followed by the initials "PPTM-VB" instead of crop certificate information. This will clearly identify that the seed is of a PPTM varietal blend.

In either case, the seed of the PPTM varietal blends would be labelled with Canada pedigreed grade names (for example, Canada Certified No. 1) only if the seed meets the germination and purity standards established for the crop kind.

Will there be certified seed of PPTM varietal blends on the market in the spring of 2011?

Yes. Certified seed of PPTM varietal blends of wheat (tolerant to wheat midge) is expected to be available in the marketplace in the spring of 2011. It is unknown whether certified seed of PPTM varietal blends of other crop kinds will be available in the marketplace in 2011.

How many wheat midge resistant varieties are registered in Canada?

There are six wheat midge tolerant wheat varieties registered in Canada: Unity, Goodeve, Glencross, Fieldstar, Shaw and CDC Utmost. These varieties are not genetically engineered or plants with novel traits.

What are the susceptible refuge varieties in the PPTM varietal blends that include wheat midge tolerant varieties?

The biology of the wheat midge and the nature of this innovative interspersed refuge system for managing the plant pest tolerance characteristic dictate that the two varieties are of similar height and will flower and head out at the same time in the growing season.

Varieties for the following PPTM varietal blends of wheat (tolerant/susceptible to wheat midge) are registered: Unity/Waskada, Goodeve/Intrepid, Glencross/Burnside, Fieldstar/Waskada, Shaw/Harvest and CDC Utmost/Harvest.

What are the benefits of midge tolerant wheat varieties to western wheat producers?

The widespread use of wheat midge tolerant varietal blends will reduce economic losses attributed to wheat midge damage (such as yield losses, down-grading of harvested grain to a lower value grade, and costs for pesticide applications). Producers' losses due to wheat midge damage are estimated at $82.3 million per year.

Do the amended regulations now authorize Bt corn and non-Bt corn to be blended together?

No. Blending of these two types of seeds will not be authorized as a result of the proposed amendments.

Bt corn events are plants with novel traits that have been authorized by the CFIA, with the condition that they not be blended with non-Bt corn. In the case of a PPTM varietal blend of Bt and non-Bt corn, the CFIA would assess the durability of a proposed insect resistance management plan and any potential negative effects on the environment before authorizing its use as a varietal blend.

Are there any other proposed amendments to the regulations?

Yes. There is a current requirement that the pedigreed seed declaration for foundation, registered and certified seed must be kept by the operator of a registered seed establishment for a minimum of two years from the time of conditioning, sampling, testing, grading or labelling.

The proposed amendment to this would change to require that

1. the pedigreed seed declaration for foundation and registered seed must be kept for a minimum of two years after the date of the final disposition of the lot; and
2. the pedigreed seed declaration for certified seed must be kept for only one year after the date of the final disposition of the lot.

The proposed changes would not significantly affect the record-keeping requirements, nor would they have a significant impact on the ability to track and trace seed lots.

Are the proposed regulatory amendments expected to have an effect on human or animal health and safety or the environment?

No. There is no change to the variety registration process, which assesses the varieties to verify that they meet minimum human and animal health and safety standards and are not detrimental to the environment. Furthermore, the current process for assessing plants with novel traits is not affected by this proposal.

The widespread use of plant pest tolerant varieties is expected to reduce the amount of pesticides applied by wheat growers and producers.

Have stakeholders been consulted on the proposed amendments?

Yes. Consultations and communications regarding PPTM varietal blends have been conducted with plant breeders (including breeders of the wheat midge tolerant varieties), and representatives of the Canadian Seed Growers' Association, the Canadian Seed Trade Association, the Western Grains Research Foundation, the Canadian Grain Commission, the Canadian Wheat Board, seed distributors, and other representatives of the wheat value chain.