EFFECTIVE DATE: November 25, 2010
(2nd Revision)
CANADIAN FOOD INSPECTION AGENCY
59 Camelot Drive
Ottawa, Ontario, Canada, K1A 0Y9
(Tel.: 613-225-2342; Fax: 613-773-7204)
Canadian seed exporters have five options to meet the United States (U.S.) import requirements for seed. This directive outlines the five options to certify seed exports from Canada to the United States (US):
This directive has been revised to update the review date, as well as minor administrative changes. The content of this directive has not changed.
This directive will be reviewed every five years unless otherwise needed. For further information or clarification, please contact the Canadian Food Inspection Agency (CFIA).
Approved by:
Chief Plant Health Officer
Amendments to this directive will be dated and distributed as outlined in the distribution below.
On January 22, 2002 the US implemented phytosanitary import requirements for all propagative seed shipments entering the US, for the purpose of preventing the entry of regulated pests. Specifically, the US required that all seed shipments entering the US be accompanied by a Phytosanitary Certificate. The Canadian Food Inspection Agency (CFIA) has negotiated alternative certification options, which are described in this directive. The most recent alternative being the importation of small seed lots (a maximum of 50 seeds of 1 taxon per packet, or a maximum weight not to exceed 10 grams of seed of 1 taxon per packet, with a maximum to 50 seed packets per shipment.) under a Permit to Import (form USDA - PPQ 587) with specific conditions rather than a Phytosanitary Certificate.
This directive describes the US phytosanitary standard that must be met in the certification of propagative seed for entry into the US. It also prescribes specific procedures, roles and responsibilities for seed packing and/or export facilities, seed testing laboratories, the CFIA and its approved third party inspection bodies, in the phytosanitary certification of propagative seed for exports to the US.
Definitions for terms used in the present document can be found in the Plant Health Glossary of Terms.
The Plant Protection Act, S.C. 1990, c. 22
The Plant Protection Regulations, SOR /95-212
Canadian Food Inspection Agency Fees Notice, Canada Gazette: Part I (as amended from time to time)
Canadian Seeds Act and Regulations
The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. Exporters requiring information regarding fees may contact any local CFIA office or visit us at our Fees Notice Web Site.
Refer to the US Federal Seed Act and Regulations.
Seed for propagation, all kinds, including but not limited to: agricultural seed, prohibited and restricted seed and vegetable seed.
Seed for consumption, processing or research*
* Seed is not intended for sale or propagation (except for seed grown in a laboratory for research purposes) and must be destroyed following research studies, and which is destined to a US research facility which has been granted an import permit from the USDA.
Canada (Note: also includes seed brought into Canada from another country).
The following export certification options are available to certify seed to meet the phytosanitary entry requirements of the US. More details are provided in section 2.2.
Phytosanitary Certificates are issued by CFIA authorized certification officials based on inspection and/or laboratory testing of the shipment.
Note: Phytosanitary Certificates will not be issued in support of the export label (CFIA/ACIA 5309).
The form USDA - PPQ 587 also referred to as an Application for Permit to Import Plants or Plant Products, may be used to certify small seed lots instead of phytosanitary certificates. This permit is issued by the USDA and applies to seed that is already admissible under current regulations, 7 CFR part 361. The specific conditions on issuance of PPQ 587 are described in 7 CFR 319.37-4.
The form USDA - PPQ 925, also referred to as a Seed Analysis Certificate, issued by any one of the CFIA accredited seed testing laboratories (Appendix 9). This form is accepted by the US to certify agricultural or vegetable seed of Canadian or US origin. It is typically used to certify seed lots (a quantity of seed, each portion of which is within reasonable limits, uniform with respect to purity, germination, variety, type and quality) for bulk shipments or in support of the export label CFIA/ACIA 5309. Instruction on issuance of PPQ 925 is described in Agricultural and Vegetable Seed for Export to the US: Reference Notebook for Canadian Seed.
The form CFIA/ACIA 5289 (Appendix 2) issued by any one of the CFIA accredited seed testing laboratories (Appendix 9). This form is accepted by the US to certify foreign origin seed (other than that seed grown in Canada or the US) or Canadian and US seed which is not classified as agricultural or vegetable seed. It is typically used to certify seed lots for bulk shipments or in support of the export label CFIA/ACIA 5309.
The seed export label, CFIA/ACIA 5309, can be used to certify seed exported by facilities which are certified in the CPCPS. (see section 2.3). It is typically used to certify shipments of small packet seed. Except for US seed, laboratory testing supported by seed analysis certificates (either PPQ 925 or CFIA/ACIA 5289) is required for each seed lot prior to using the export label (see section 2.2).
The US import requirements for seed are prescribed in the US Code of Federal Regulation 7 CFR part 361.
A laboratory test is not required, however, the facility must have a quality system in place to ensure that the integrity of the US seed is maintained at all times. A Phytosanitary Certificate is not required, however, export label (CFIA/ACIA 5309) must accompany the shipment. See section 2.3.
Seed must be free from noxious weeds without a tolerance (7 CFR 361.6(a)(1) and have fewer than three of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A Phytosanitary Certificate, PPQ 587, PPQ 925 or an export label (CFIA/ACIA 5309) must accompany the shipment.
Seed must be free from noxious weeds without a tolerance (7 CFR 361.6(a)(1) and have fewer than three of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A CFIA/ACIA 5289 must be issued by the CFIA accredited lab for each seed lot tested that meets the requirements. A Phytosanitary Certificate, PPQ 587, CFIA/ACIA 5289 or an export label (CFIA/ACIA 5309) must accompany the shipment.
Seed must be free from soil, plant pests, prohibited and restricted seeds that are prohibited or otherwise restricted entry to the US because they are associated with regulated pests (see Appendix 3), and noxious weeds without a tolerance. If the seed is agricultural or vegetable seed, it must also have fewer than three of the noxious weeds with a tolerance listed in 7 CFR 361.6(a)(2). A Phytosanitary Certificate, PPQ 587, CFIA/ACIA 5289 or an export label (CFIA/ACIA 5309) must accompany the shipment.
A Phytosanitary Certificate is required based on a visual inspection by an inspector certifying that the seed meets the phytosanitary entry requirements of the United States (as specified in section 2.2 of this directive). For small seed lots, a PPQ 587 may also be used.
The facility can submit an application (see Appendix 1) to their local CFIA office or the CFIA approved inspection body (an entity which has been approved by the CFIA to conduct facility inspections under the CPCPS on behalf of the CFIA and which has entered into a Memorandum of Understanding with the CFIA) along with a copy of their Quality Management System Manual (herein referred to as the Manual), for review. Final approval should be made by the CFIA approved inspection body or by a local CFIA inspector, if previous authorization was obtained from the National Manager of the Grains and Oilseeds Section. The quality management system must contain the following elements described in sections 2.3.2 to 2.3.6.
Except for US seed not entered into Canadian commerce and not co-mingled, the facility shall follow the sampling procedures as outlined in US 7 CFR 361.5. All seed samples must be submitted for testing to one of the CFIA accredited seed labs (Appendix 9).
The facility must be able to demonstrate ongoing traceability of seed shipments (in their various forms, e.g., small seed lots) to the original seed lots, import documentation and/or their seed testing records. All seed shipments will have to be identified with a unique label (CFIA/ACIA 5309) bearing a certified seed exporter number and a unique serial number. A copy of the invoice bearing a duplicate label must be kept on file at the facility. Each package of seed must be identified with a specific lot number linking it to the original seed lot, and all seed lots contained in a shipment must be indicated on the corresponding invoice. All records will have to be retained at the facility for a minimum of two years.
The facility must be able to identify each seed lot and demonstrate their ongoing ability to segregate seed which meets the US phytosanitary standard (see section 2.2) from seed which does not meet this standard.
The facility must be able to demonstrate how it prevents the export of non-complying seed to the US, including how it prevents contamination of compliant seed with non-compliant seed.
Each facility approved under this program will be assigned a registration number. This number, as well as a serial number, appears on the export certification labels issued by the CFIA to the certified facility. The registration number and serial number make each export label unique. An example of an export certification label is shown in Appendix 7.
The certified facility is responsible for paying all costs associated with obtaining export certification labels (original and duplicates), although they remain the property of CFIA. CFIA provides the specifications for the labels. An order form (Appendix 6) must be completed by the operator of a certified facility and forwarded to the National Manager of the Grains and Oilseeds Section in Ottawa (Fax. No.: 613-773-7144). They will then authorize the printing of the labels and indicate the quantity and serial numbers to be used for the label print.
For shipments by ground transportation, e.g., truck, the export certification label should be placed on a copy of the export label document (Appendix 8) which will be retained by the USDA at the port of entry and replaces the Phytosanitary Certificate normally required for the entry of the plants to the US. For consolidated shipments, a reference to all invoices moving under the individual certification label must appear on the label document specifying the contents of the entire shipment, or alternatively, a copy of all invoices comprising the shipment must be attached to the label document.
For shipments by mail, i.e., postal service, the export label (CFIA/ACIA 5309) should be placed on the outside of the package. The accompanying invoices describing the contents of the shipment should be placed inside of the package.
Refer to the CFIA Seed Laboratory Accreditation and Audit Protocol.
The CFIA approved inspection body (see Appendix 10) or a CFIA inspector, if authorization has been obtained from the National Manager of the Grains and Oilseeds Section, is responsible for review of facility applications, including their quality management system plans, and conducting annual program audits (see Appendices 4 and 5). Where a CFIA approved inspection body is involved, also refer to Seed Program Regulatory Authority Standard, SPRA standard 231.
The CFIA is responsible for issuing a unique CPCPS facility number to facilities which have applied for and meet the requirements of the CPCPS.
The CFIA is responsible for keeping a registry of approved CPCPS facilities and providing the United States Department of Agriculture, Animal Plant Health Inspection Service, Plant Protection and Quarantine ( USDA - APHIS - PPQ) with an updated list of approved facilities.
The CFIA is responsible for the control of all Phytosanitary Certificates, and auditing the use of forms CFIA/ACIA 5289, PPQ 925 and export label CFIA/ACIA 5309.
The CFIA may suspend or revoke a facility's approval status on the CPCPS, upon finding non-compliance to requirements specified in this directive.
Appendix 1: Application for Approval in the Canadian Phytosanitary Certification Program for Seeds
Appendix 2: Instructions for CFIA Accredited Labs for Completing CFIA/ACIA 5289 - Seed Analysis Certificate
Appendix 3: Prohibited and Restricted Seed
Appendix 4: Audit checklist - Canadian Phytosanitary Certification Program for Seed
Appendix 5: Classification of Non-conformance
Appendix 6: Order Form for the CFIA/ACIA 5309 Seed Export Label
Appendix 7: Seed Export Label - Sample
Appendix 8: Export Label Document
Appendix 9: CFIA accredited seed testing laboratories
Appendix 10: CFIA Approved Inspection Bodies
Name of Facility:
Owner/Operator of Facility:
Quality Management System Operator:
Address:
Email:
Telephone No.:
Fax. No.:
Conditions for exporting seed to the United States under the Canadian Phytosanitary Certification Program for Seeds.
The facility shall follow the sampling procedures as outlined in the US Federal Seed Act, for all seed lots except those US seed which will not be co-mingled with other seed. All seed samples must be submitted for testing to one of the CFIA accredited seed labs.
I, the owner/operator in possession, care, or control of the above named facility have read and understood all the terms, conditions, obligations and requirements stated herein by which I may be certified to export seed for propagation, in accordance with the Canadian Phytosanitary Certification Program for Seeds.
Further, I am and shall be responsible for and shall indemnify and save harmless Her Majesty the Queen in Right of Canada, including Canadian Food Inspection Agency, Her officers, Employees, Successors and Assigns, from and against all manners of actions, causes of action, claims, demands, loss, costs, damages, actions or other proceedings by whomsoever made, sustained, brought or prosecuted in any manner based upon, caused by, arising out of, attributable to or with respect to any failure, inadvertent or otherwise, by act or omission, to fully comply with the said terms, conditions and requirements.
Dated , 20 , at , Province of
Signature
Owner/Operator of Facility
Quality Management System Manual Approved by:
CFIA Program Officer/
CFIA Approved Inspection Body
Date
Quality Management System Evaluation Completed and Facility Recommended for Approval by:
Director of CFIA Approved Inspection Body
Date
Approved for Participation in the Canadian Phytosanitary Certification Program for Seed:
CFIA Commodity Specialist
Canadian Food Inspection Agency
Date
Use form CFIA/ACIA 5289 - Seed Analysis Certificate provided by the Canadian Food Inspection Agency (CFIA) for seed that is to be exported to the US when the seed is any one of the following:
Use the Form USDA - APHIS - PPQ 925 for Canadian grown agricultural and vegetable seed, as listed in the US Federal Seed Act and regulations, or for US returned agricultural and vegetable seed that has not been commingled with other seed nor offered for sale in Canada.
Top right corner: Assign a certificate number - Use the lab alpha code (see white tab of the USA reference notebook) followed by the last 2 digits of the calendar year, followed by B, then the consecutive number of the certificate. For example, if the laboratory's alpha code is A, then the first certificate the lab issues in 2002 will be: A-02-B-1. The second certificate will be A-02-B-2, etc.
Block 1
Enter the name and mailing address of the person and company submitting the sample for testing.
Block 2
Enter the date the certificate is issued.
Block 3
If the laboratory assigns a test number, enter that number here.
Block 4
Enter the name of the country in which the seed was grown. Note that if the seed lot is a mixture or blend of seed of different origins, the country of origin of each component of the mixture or blend must be stated.
Block 5
Enter the common name(s) as provided by the exporter. The lab may abbreviate the common name to fit the space.
Block 6
Enter the variety name or V.N.S. if the exporter does not state the variety. The FSA requires a variety name for vegetable seeds.
Block 7
If the exporter provides a scientific name, enter it here.
Block 8
Enter the seed lot designation provided by the exporter. It may be numeric, alphanumeric or alphabetical.
Block 9
Enter the number and types of containers, and weight in lbs. or kgs., as provided by the exporter.
Block 10
If the seed lot has been or will be treated, enter the name of the substance or process used to treat the seed. Substance names shall be the commonly accepted coined, chemical (generic), or abbreviated chemical name.
Block 11
Enter the name of the officially recognized sampler.
Block 12
Add any other pertinent information supplied by the exporter.
Block 13
If the kind is listed in the FSA, enter the common name as given in the regulations. If the kind is not listed in the FSA, enter the common name as provided by the exporter. If the seed lot is a mixture, list each kind separately and include percentage in the mixture.
Block 14
If the kind is listed in the FSA, enter the scientific names as given in the regulations. If the kind is not listed in the FSA, enter the scientific name as given in GRIN Taxonomy for Plants. If the seed lot is a mixture, list each scientific name separately.
Block 15
Indicate if the seed is, or will be pelleted, coated, and/or treated. Put an X in any block that applies.
Block 16
To be completed based on sample weight specified in the FSA for non-Canadian origin seed that is subject to the FSA. If the kind is not listed in the FSA, determine the noxious weed exam working sample weight by following the instructions in Section 2.3B of the AOSA Rules for Testing Seed. Note that the maximum working sample size is 500 grams.
Block 17
Enter the scientific name of each kind of seed contaminant found in the seed lot. For seed which is not of Canadian or US origin, also record the presence of soil, quarantine-significant plant pests or prohibited or restricted seeds.
NOTE 1: When plant pests (i.e., diseases or live insects) are found, contact CFIA for identification assistance in determining whether they are of quarantine-significance and whether the seed lot meets the current US phytosanitary regulations.
NOTE 2: Soil is defined in US regulations 7 CFR 330.100 as The loose surface material of the earth in which plants grow, in most cases consisting of disintegrated rock with an admixture of organic material and soluble salts.
NOTE 3: Prohibited or restricted seeds are prohibited or restricted by specific quarantines. Refer to appendix 3, Status of Seeds Entering the United States for Planting. Kinds listed under Sections 2 and 3 of the document are considered to be prohibited or restricted seeds.
NOTE 4: Noxious weeds listed in FSA Section 361.6(a)(1) are referred to in these instructions as list 1 noxious weeds. Seed lots containing any of these weeds are prohibited from entry into the US.
NOTE 5: Noxious weeds listed in FSA Section 361.6(a)(2) are referred to in these instructions as list 2 noxious weeds. These weeds are only of concern when kinds listed in the FSA are found. If noxious weeds of list 2 are found, enter them in block 17 and see instructions in Block 18 2.b. These are the weeds in list 2:
Canada thistle, Cirsium arvense (L.)
Russian knapweed, Acroptilon repens (L.)
Quackgrass, Elytrigia repens (L.)
Perennial sowthistle, Sonchus arvensis (L.)
Johnsongrass, Sorghum halepense (L.)
Field bindweed, Convolvulus arvensis (L.)
Leafy spurge, Euphorbia esula (L.)
Whitetop or Hoary cress: Cardaria draba or Cardaria pubescens
Block 18
For a seed lot that is not listed in the FSA: put an X in the first box if the lot is free from prohibited or restricted seeds and noxious weeds of list 1. If any of these contaminants were found, do not issue the CFIA/ACIA 5289. In this case, issue the laboratory's standard report of analysis, indicating the seed does not meet US phytosanitary requirements.
Block 19
Name and address of issuing laboratory. The lab may use a stamp, if they have one.
Blocks 20
and 21
Name and signature of authorizing official. The person responsible for the content of the test information, usually the laboratory manager, signs here. Signatures may be preprinted or actual signatures. The person signing the certificate is certifying that kind names and the tests for contaminants are in accordance with the FSA and/or US phytosanitary requirements.
Distribution of Copies - 4 Total
Original
Give to exporter. The exporter forwards this copy with the shipment; US Customs will send this to the APHIS Seed Examination Facility when the shipment crosses the border.
Copy 1
Give to exporter. The exporter retains this copy.
Copy 2
Give to exporter. The exporter forwards this copy with the shipment; the importer keeps this copy.
Copy 3
Lab - file copy.
IMPORTANT: EXCEPT FOR APPROVED FACILITIES AUTHORIZED TO USE CFIA/ACIA 5309 (EXPORT LABEL) WHO ARE REQUIRED TO KEEP THE ORIGINAL COPY, THE LAB MUST INSTRUCT THE EXPORTER TO SEND THE ORIGINAL AND COPY 2 WITH THE SEED WHEN IT CROSSES THE BORDER.
Fax copies are acceptable, but if they are used at the border, then the lab must mail the original to the Seed Examination Facility (See blue tab for address).
NOTE: The lab must advise the exporter that if a seed lot is sold to more than one consignee, the original Seed Analysis Certificate (SAC) will be sent with the first shipment. Copies of the original SAC will be acceptable for subsequent shipments. The Seed Examination Facility will keep track of the combined weights of shipments with the same SAC, ensuring the combined weight does not exceed the weight of the shipment entered in Block 9.
PROHIBITED AND RESTRICTED SEED
For a listing of seed kinds which the US considers as prohibited and restricted seed refer to the document entitled Status of Seeds Entering the United States for Planting.
Name of the facility:
Location:
Date:
Name of Approved Inspector:
| Quality System Requirement | Yes | No | Type of non-conformance | Corrective action | Due date |
|---|---|---|---|---|---|
| Has the management approved the facility quality system and accepted responsibility for the process? | |||||
| Is the facility's quality system documented? | |||||
| Can the facility demonstrate compliance with sampling procedures prescribed in US 7 CFR 361.5? | |||||
| Can the facility show traceability of export seed packages to individual seed lots? | |||||
| Does the facility have seed testing records, or import documents to show that seed lots conform to US phytosanitary requirements? | |||||
| Does the facility have a segregation system to maintain seed integrity for the various lots? Can the facility demonstrate how non-conforming seed lots are kept separate? | |||||
| Does the facility have a seed identification marking system which allows for traceback of all export seed shipments to original seed lots? | |||||
| Can the facility provide seed testing or import records for all seed lots? | |||||
| Does the facility have a process to evaluate suppliers and to place orders with suppliers which have a proven track record? | |||||
| Has the facility identified a Quality System Operator? | |||||
| The system does not permit seed to be exported to the US until the Quality System Operator has verified the compliance with the export requirements. | |||||
| The quality system operator has a training program that ensures staff are knowledgeable with the quality system procedures. | |||||
| Does the Quality System Procedures Manual outline the appropriate steps involved in ordering CFIA/ACIA 5309 labels? | |||||
| The Quality system operator conducts internal audits that ensures compliance with the QSP. | |||||
| Does the facility have a plan to react to and dispose of seed that doesn't meet the export requirements and does he maintain a written record of disposal procedures? | |||||
| Does the facility have a system to analyse the cause of non-conformance and take corrective actions? |
Note: if more than two major non-conformities are detected during an inspection, the classification is changed to critical non-conformance.
The following non-conformities are classified as Critical non-conformance:
The following non-conformities are classified as Major non-conformance:
The following non-conformities are classified as Minor non-conformance:
PART I
PERSON ORDERING
NAME:
COMPANY NAME:
ESTABLISHMENT REGISTRATION
NUMBER:
NUMBER LABELS
REQUIRED:
LAST SERIAL
NUMBER USED:
BILLING ADDRESS:
SHIPPING ADDRESS:
SIGNATURE:
DATE:
TEL.:
PART II
FOR GOVERNMENT USE ONLY
AUTHORIZED BY CANADIAN FOOD INSPECTION AGENCY INSPECTOR OR OFFICER
(NAME):
SERIAL NUMBERS:
PRINTER/STAMP MAKER (NAME AND ADDRESS):
PLEASE SEND THE EXPORT CERTIFICATION LABELS TO:
SIGNATURE OF AUTHORIZED PERSON:
DATE:
ORIGINAL(E) - ORDERING COMPANY
COPY 1 - CANADIAN FOOD INSPECTION AGENCY OTTAWA

ATTENTION USDA PPQ
THIS SHIPMENT CONTAINS SEED FROM CANADA
COMPANY NAME:
COMPANY REGISTRATION NUMBER:
or
STICK PHYTO LABEL AT BOTTOM OF THIS LABEL DOCUMENT
CFIA Accredited Seed Testing Laboratories - PDF (28 kb)
Canadian Seed Institute
240 Catherine Street, Suite 200
OTTAWA ON K2P 2G8
Tel.: 613-236-6451 / 1-800-516-3300
Fax.: 613-236-7000
E -mail: csi@storm.ca