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D- 99-01: Barley, Oats, Rye, Triticale and Wheat - Phytosanitary Requirements on Import, Transshipped, In-Transit and Domestic Movement

EFFECTIVE DATE: June 25, 2009
(5th Revision)

CANADIAN FOOD INSPECTION AGENCY
59 Camelot Drive
Ottawa, Ontario, Canada, K1A 0Y9
(Tel.: 613-225-2342; Fax: 613-773-7204)

Subject

This directive specifies the plant protection requirements for the import, transshipped, in-transit and domestic movement into or through Canada of barley (Hordeum spp.), oats (Avena spp.), rye (Secale spp.), triticale (X-Triticosecale) and wheat (Triticum spp.):

  • seed (for propagation, including scientific research) and grain (whole - for consumption and for processing);
  • straw, hay and compost;
  • screenings, chaff, hulls, grain for cleaning, processed products and by-products.

This revision was made to provide a link to the "List of Pests Regulated by Canada" as well as to add pests from this list that could potentially be associated with the commodities covered under this directive.

Table of Contents

Review

This directive will be reviewed every five years unless otherwise needed. The next review date for the directive is June 25, 2014. The contact for this directive is Joanne Rousson. For information or clarification, please contact the Canadian Food Inspection Agency (CFIA).

Endorsement

Approved by:


Chief Plant Health Officer

Amendment Record

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

Distribution

  1. Directive mail list (Regions, PHRA, USDA)
  2. Provincial Government, Industry (determined by Author)
  3. National Industry Organizations (determined by Author)
  4. Internet

Introduction

Scope

This directive is intended for the use of the CFIA inspection staff and the Canadian Border Services Agency in order to prevent the entry of regulated pests of cereals, including dwarf bunt, flag smut of wheat and Karnal bunt, into areas of Canada not currently infested with these pests. It is also intended for use by importers, shippers and customs brokers as a reference to the import, domestic, transshipped and in-transit movement requirements of the regulated commodities.

References

D-96-07: Import Requirements for Screenings and Grain and Seed for Cleaning.

D-98-06: Interim Import Requirements of Parasitic Plants: Cuscuta, Striga, and Orobanche spp.

D-05-02: Pilot Project - Import requirements for wheat, triticale, rye and barley for non-propagative uses originating from the state of North Dakota and approved areas within the state of Montana.

D-06-03: Pilot Project - Import requirements for wheat, barley, triticale, and rye for propagation originating from the states of North Dakota and approved areas within the state of Montana.

RMD-07-02: risk Management Document: Cereal Leaf Beetle (Oulema melanopus).

ISPM No. 5, Glossary of Phytosanitary Terms, FAO, Rome (updated annually).

RSPM No. 5, NAPPO Glossary of Phytosanitary Terms, 2008, Ottawa.

D-96-13: Import Requirements for Plants with Novel Traits, including Transgenic Plants and their Viable Plant Parts.

The following documents are superseded by this directive:

D-98-11: Alternative Import Requirements for Rail Movement of Grain from the Approved Areas in the United States (U.S.) In-transit through Canada or Via Canadian Ports for Transfer Directly from Railcars to Vessels for Export.

D-99-01: Barley, Oat, Rye, Triticale and Wheat - Phytosanitary Requirements on Import, Domestic and In-Transit Movement.

D-02-09: Hay and Straw - Import and domestic Movement Requirements to Prevent the Introduction and Spread of Cereal Leaf Beetle (Oulema melanopus).

Definitions, Abbreviations and Acronyms

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

1.0 General Requirements

1.1 Legislative Authority

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)

1.2 Fees

The CFIA is charging fees in accordance with the Canadian Food Inspection Agency Fees Notice. For information regarding fees associated with imported product, please contact the Import Service Centre (ISC). Anyone requiring other information regarding fees may contact any local CFIA office or visit our Fees Notice Web Site.

1.3 Regulated pests

  • Cuscuta spp., dodder
  • Orobanche spp., broomrape
  • Striga spp., witchweed
  • Tilletia indica Mitra, Karnal bunt
  • Wheat attacking strains of Urocystis agropyri (Preuss) Shroeter, wheat flag smut or flag smut of wheat
  • Tilletia controversa Kühn, dwarf bunt
  • Trogoderma granarium, khapra beetle

More pests may be added to the above list as pest risk assessments are completed.

In addition to the pests listed above, which could be associated with the regulated commodities (Section 1.4), consignments must be free from the other pests on the "List of Pests Regulated by Canada".

1.4 Regulated Commodities

The following commodities are regulated:

  1. Seed and grain of wheat and triticale, as a recognized pathway of Tilletia indica, wheat attacking strains of Urocystis agropyri, and Tilletia controversa.
  2. Seed and grain of barley and rye, a recognized pathway of Tilletia indica and Tilletia controversa.
  3. Seed and grain of oats.
  4. Straw, hay and compost of barley, oats, rye, triticale and wheat, as a recognized pathway of Tilletia indica, wheat attacking strains of Urocystis agropyri, Tilletia controversa, and Oulema melanopus.
  5. Seed and grain for cleaning, screenings, chaff and hulls of, or derived from, barley, oats, rye, triticale and wheat, a recognized pathway of Tilletia indica, wheat attacking strains of Urocystis agropyri, and Tilletia controversa. Refer to directive D-96-07 (Appendix 6), for additional import requirements.
  6. U.S. origin grain of barley, oats, rye, triticale and wheat, originating from areas approved by the CFIA, moving in-transit by hopper bottom railcars via Canada to a destination in the U.S.
  7. U.S. origin grain of barley, oats, rye, triticale and wheat, originating from Karnal bunt free states of the continental U.S., moving in sealed cargo containers, in transit and in bond, via Canada for destination in a third country.

1.5 Commodities Exempt

  1. Cooked grain; meal.
  2. Couscous; endosperm; flour; germ; gluten; pasta; semolina.
  3. Broken, chopped, crushed, flaked, ground, kibbled, pearled, rolled, or sliced grain.
  4. Bran; middlings; milling run; shorts.
  5. Sprouted seed and seedlings for food or feed; malt; malt sprouts.
  6. Straw artifacts, ornaments and toys that have been bleached, dyed, painted or shellacked.
  7. Small quantities of hay or straw carried in vehicles only for in-transit use by animals are exempt from the import and domestic requirements identified in this directive. If disposed of in Canada, this hay or straw must be deposited in an area where it will be disposed of by burial or burning (where approved) in a municipal landfill.

Note: Importers and shippers should be aware that all shipments may be subject to inspection to verify freedom from quarantine pests and practical freedom from injurious pests and soil.

1.6 Regulated Areas

All countries where one or more of the regulated pests listed in Section 1.3 of this directive occur.

See Appendix 1 for a list of countries/areas infested or suspected to be infested with regulated pests.

1.7 Plants with Novel Traits

When importing plants or viable plant material, importers should be aware that they may be subject to additional regulatory requirements if the imported product is a plant with a novel trait, or PNT.

A plant is considered to be a PNT if it contains a trait that is both new to the Canadian environment and has the potential to affect the specific use and safety of the plant with respect to the environment and human health. PNTs are a broad category of plants that can be produced through a variety of methods, including genetic engineering.

Please refer to D-96-13 for additional regulatory requirements.

2.0 Movement Requirements and Prohibitions

2.1 Import, Transshipment, In-Transit and Domestic Movement Requirements for Seed and Grain, and Straw and Hay (e.g. oat hay)

Material imported into, moving within or transiting through Canada, shall meet the requirements listed in Appendix 3, Tables 1 through 3 (Seed and Grain) and Appendix 4, Table 1 (Straw and Hay).

Material imported into Canada must be clean and free from soil and regulated pests and regulated weeds.

2.2 Import Requirements for Grain or Seed for Cleaning in Canada, Screenings, Chaff and Hulls

Non-processed screenings and grain and seed of cereals imported for cleaning in Canada are subject to the requirements in Appendix 5, Table 1, and the requirements in directive D-96-07: "Import Requirements for Screenings and Grain and Seed for Cleaning" (Appendix 6).

2.3 Import and Domestic Movement Requirements for Soil Free Mushroom Compost derived from Cereal Straw

Soil free mushroom compost derived from straw of wheat, triticale, barley, rye and/or oats, and originating from Karnal bunt free states of the continental U.S., may be imported subject to the following requirements (refer to Appendix 4, Table 2).

The imported material must be accompanied by a Proof of Process (e.g., a document signed by a USDA or state Department of Agriculture official authorized to attest to the compost process).

The Proof of Process must attest that the compost has been produced under a combination of time and high temperatures generated under sound composting practices to destroy regulated pests, e.g., 75°C for three days, 65°C for five days, 60°C for seven days, 55°C for fourteen days, or other efficacious combination of temperature and time. The process must be monitored by USDA or state Department of Agriculture inspectors.

A Phytosanitary Certificate is not required.

2.4 Requirements for Special Purposes

In cases where the regular requirements for import of a regulated commodity cannot be met, the importer may submit a completed application for a Permit to Import, along with details of the proposed importation to the CFIA. The application must be accompanied by specific information on the scientific name of the product to be imported, the origin of the product, the anticipated volume of the product to be imported, the method and anticipated dates of shipment (includes means of preventing possible pest escape), the port of entry and estimated date of arrival of the product in Canada, the purpose of importation, any treatments or processes to be undertaken (include details of proposed process or treatment and the site where these will occur) and any other information that may be required to assess the risk of possible pest introduction. Issuance of a Permit to Import and the conditions of import identified on the Permit will be assessed on a case by case basis.

For further information on Permits to Import, importers should refer to D-97-04: "Application, Procedures, Issuance and use of a Permit to Import under the Plant Protection Act".

In cases where the regular requirements for domestic movement of a regulated commodity cannot be met, a Canadian may submit, to the CFIA, a letter stating the reasons for requesting permission to move a regulated thing from regulated to non-regulated areas within Canada. The letter must contain the following details: common name (and scientific name if a plant or organism) of product, origin of the product, quantity of product to be moved, method of shipping (include means of preventing possible pest escape), destination of product, persons responsible for shipping, receiving and handling of the product and their address, probable date of product movement, details of treatments or processes of the product and the site where these will occur, and any other information which may be required in order to assess the risk of possible pest spread. Upon receipt, the written submission will be assessed by the responsible commodity officer at the CFIA. Issuance of a Movement Certificate and the conditions of movement identified on the Movement Certificate will be assessed on a case by case basis.

2.5 Inspection Requirements

2.5.1 Document Verification

When applicable, valid Permits to Import, Phytosanitary Certificates, Certificates of Origin and Proof of Process documents, must be verified prior to the release of the material to the importer or consignee.

2.5.2 Product Examination

All shipments of regulated commodities, imported or moving within Canada, are subject to inspection and/or sampling and testing for regulated pests and soil contamination by an authorized CFIA inspector.

2.5.3 Facility Inspections

Facilities approved to import screenings, chaff, hulls, or grain or seed for cleaning in Canada, are subject to audit as per internal work plans. Audits must verify if the conditions spelled out in the application by importer have been met.

2.6 Non-Compliance

Shipments not meeting the import or domestic movement phytosanitary requirements of this directive will be refused entry or movement, returned to origin, re-exported, treated or destroyed at the importer's or shipper's expense. These expenses also include, but are not limited to, costs associated with quarantine actions resulting from accidental contamination caused by in-transit shipments and any seizure, confiscation and forfeiture of shipments.

The Permit to Import or the Movement Certificate will be cancelled if an importer/shipper does not comply with conditions of the Permit or Certificate.

Notifications of non-compliance will be issued in accordance with D-01-06: "Canadian Phytosanitary Policy for the Notification of Non-compliance and Emergency Action".

2.7 Other Requirements

The importation and domestic movement of cereals are also subject to the Seeds Act and Regulations, the Feeds Act and Regulations, the Animal Health Act and Regulations, the Canadian Wheat Board Act and Regulations, the Canadian Grain Act and Regulations, the Export-Import Permits Act and Regulations administered under the Department of Foreign Affairs and International Trade, and provincial noxious weed or weed control acts and regulations.

Importers wishing to know more about these acts and regulations may contact the offices of the CFIA, the Canadian Wheat Board, the Canadian Grain Commission or the Department of Foreign Affairs and International Trade. The provincial departments responsible for administering the provincial noxious weed or weed control legislation may be contacted for information on that legislation. Information is also available on CFIA's website.

It is the responsibility of the importer to meet all regulations pertaining to the imported goods or commodities.

3.0 Appendices

Appendix 1: Areas Infested or Suspected to be Infested with Regulated Pests

Appendix 2: Acceptable Additional Declarations and Treatments

Appendix 3: Seed and Grain Movement Requirements

Appendix 4: Straw and Hay and Compost Movement Requirements

Appendix 5: Grain or Seed for Cleaning, Screenings, Chaff and Hulls; Processed Products, By-Products and other Exempt Material; and Sealed Cargo Containers of U.S. Grain Moving In Bond and In-transit through Canada Movement Requirements

Appendix 6: D-96-07 - Import Requirements for Screenings and Grain and Seed for Cleaning

Appendix 7: Status of Countries Approved by CFIA for Export of Cereal Grain Or Seed to Canada

Appendix 8: Plant Protection Permit to Import: Conditions of Entry for Grain Originating From Approved Areas Other Than the Continental United States

Appendix 9: List of Areas Approved for In-transit Rail Movement of Wheat, Triticale, Barley, Rye and Oats

Appendix 10: Conditions for In-transit Rail Movement of Grain

Appendix 11: Example of an Acceptable Certificate of Origin

Appendix 1

Areas Infested or Suspected to be Infested with Regulated Pests

 

Appendix 2

Acceptable Additional Declarations and Treatments

 

Appendix 3

Seed and Grain Movement Requirements (Tables 1, 2 and 3)

 

Appendix 4

Straw and Hay (Table 1) and Compost (Table 2) Movement Requirements

 

Appendix 5

Grain or Seed for Cleaning, Screenings, Chaff and Hulls (Table 1); Processed Products, By-Products and other Exempt Material (Table 2); and Sealed Cargo Containers of U.S. Grain Moving In Bond and In-transit through Canada (Table 3) Movement Requirements

 

Appendix 6

D-96-07 - Import Requirements for Screenings and Grain and Seed for Cleaning

 

Appendix 7

Status of Countries Approved by CFIA for Export of Cereal Grain or Seed to Canada

 

Appendix 8

Plant Protection Permit to Import: Conditions of Entry for Grain Originating from Approved Areas Other Than the Continental United States

Grain originating from approved areas outside the Continental United States [Refer to Appendix 7], and imported to Canada for use as Animal Feed or Human Consumption, may be imported subject to the following requirements:

The Importer must obtain a Permit to Import issued by the CFIA - Plant Health and Biosecurity Directorate, Permit Office. With the application for a Permit to Import, the Importer must provide information outlining the import, transportation, handling, storage, processing and end use of the imported grain.

Prior to importation to Canada, a shipment of grain must be cleaned. The material in the shipment must be free of soil and seeds of prohibited plant species. The total of all extraneous matter, such as chaff and debris, weed seeds, and other foreign material, which may be carriers of regulated pests, must not exceed 2.0% by weight. Where higher industry standards exist for levels of tolerance of extraneous matter these must be respected. Import shipments which do not meet these standards are prohibited entry to Canada.

Shipments of wheat, triticale, barley, rye or oats must be accompanied by a Phytosanitary Certificate. Where required, Additional Declarations, certifying freedom from flag smut (wheat strains) (Urocystis agropyri) and dwarf bunt (Tilletia controversa) must be included on the Phytosanitary Certificate.

  • Refer to Appendix 3, Table 1, for requirements which have to be met for import of grain or seed of wheat or triticale to Canada;
  • Refer to Appendix 3, Table 2, for requirements which have to be met for import of grain or seed of barley or rye to Canada; and
  • Refer to Appendix 3, Table 3, for requirements which have to be met for import of grain or seed of oats for to Canada.

All shipments of regulated commodities, imported or moving within Canada, are subject to inspection and/or sampling and testing for regulated pests and soil contamination by an authorized CFIA inspector.

Shipments of grain for non-propagative purposes originating from approved areas outside of the continental United States will be held at the facility off-loading the vessel shipping the grain for a period of up to two weeks or until results of sample testing has been completed.

 

Appendix 9

List of Areas Approved for In-Transit Rail Movement of Wheat, Triticale, Barley, Rye and Oats

Table 1: Approved areas of origin for movement of grain by hopper-bottom railcar from the United States in-transit through Canada to the U.S. or via Canadian ports for transfer directly from rail cars to vessels for export.

State County
Colorado The counties of Adams, Arapahoe, Baca, Bent, Boulder, Cheyene, Crowley, Custer, Denver, Douglas, Elbert, El Paso, Fremont, Huerfano, Jefferson, Kiowa, Kit Carson, Larimer, Las Animas, Lincoln, Logan, Morgan, Otero, Phillips, Prowers, Pueblo, Sedgwick, Washington, Weld and Yuma 1
Connecticut All counties
Iowa All counties
Kansas All counties
Maine All counties
Massachusetts All counties
Minnesota All counties
Missouri All counties
Montana The counties of Beaverhead, Blaine, Broadwater, Carter, Cascade, Custer, Daniels, Dawson, Deer Lodge, Fallon, Garfield, Glacier, Golden Valley, Granite, Hill, Jefferson, Judith Basin, Lewis and Clark, Liberty, Lincoln, Madison, McCone, Meagher, Mineral, Musselshell, Park, Petroleum, Phillips, Pondera, Powell, Prairie, Richland, Roosevelt, Sanders, Sheridan, Silver Bow, Sweetgrass, Toole, Treasure, Valley, Wheatland, Wibaux and Yellowstone1
Nebraska All counties
New Hampshire All counties
New Jersey All counties
North Dakota All counties
Pennsylvania All counties
Rhode Island All counties
South Dakota All counties
Vermont All counties
Wisconsin All counties

1. Grain originating from the other counties of the States of Colorado and Montana may only move in-transit through Canada if accompanied by a Phytosanitary Certificate with the appropriate Additional Declarations for the area(s) of Canada they are transiting through.

 

Appendix 10

Conditions for in-transit rail movement of grain

For movement of grain by hopper-bottom railcar from the United States in-transit through Canada to the United States or via Canadian ports for transfer directly from rail cars to vessels for export.

The conditions of the Permit to Import shall be respected. An Importer of Record (IOR), residing in Canada, shall apply for this to the CFIA - PHD Permit Office. A Permit to Import is required for each importing state, but several exporters can be covered by the same. The IOR shall be a responsible employee or owner of a rail company to be carrying U.S. grain in-transit through Canada. This IOR will be liable in ensuring that the conditions are met. These conditions will be as follows:

  1. The in-transit rail movement through Canada of grain from other than the approved areas of the U.S. is not permitted with an import permit.
  2. The grain shall be accompanied by a Certificate of Origin.
  3. The Importer of Record (IOR) will ensure that the Certificates of Origin are presented as requested by the Canada Border Services Agency (CBSA) or the Canadian Food Inspection Agency (CFIA). The IOR shall ensure that all requirements outlined in D-99-01, regarding the Certificate of Origin, are met.
  4. The imported grain shall transit through Canada only by rail, shall return to the U.S. and shall not be unloaded in Canada; or where the grain is delivered to a Canadian port for transfer to an ocean going vessel for export directly from Canada, that the grain is transferred directly from the rail car(s) to the vessel, the grain is not stored in a grain or bulk handling facility within Canada, the grain is not cleaned during the transfer from the rail car to the vessel, and that no mixing of grain of U.S. origin with grain of Canadian origin occurs during the transfer of the grain from the rail car to the vessel and that separation is maintained where required.
  5. The IOR shall ensure that, prior to presentation to the Canada Border Services Agency at the Canadian point of entry, all hatches and gates on the rail cars are closed, all gates are sealed, the exterior structures of the rail cars do not carry grain, and the condition of the rail car is such that the risk of leakage or spillage of grain during the in-transit movement of grain is negligible.
  6. The IOR shall ensure that, while the rail cars are in-transit through Canada, the rail cars are inspected for soundness, and all the hatches and gates remain closed.
  7. The IOR shall, in the event of a derailment, or other instance of spillage or leakage of grain, including at direct transfer from rail cars to vessels for export, immediately dispatch a clean-up crew to the site to collect and dispose of the spilled grain in a manner approved by the CFIA. In all such cases, the IOR will contact the CFIA.
  8. The IOR will provide a monthly cross border report to the CFIA which will include a reconciliation of all inward and outward movement of rail cars carrying grain under the alternative certification requirements, as well as a narrative summary of actions taken to clean up and dispose of any spilled grain. This report shall be submitted to: Plant Protection - Grains and Field Crops Specialist, CFIA, Federal, 6th Floor, Room 613 - 269 Main Street, Winnipeg, MB, R3C 1B2, Telephone: 204-983-2236, Fax: 204-983-8022, no later than two weeks following the final date covered by the report.
  9. The IOR shall, where rail cars of companies other than the IOR's company, use the rail tracks of the IOR's company for in-transit movement through Canada of U.S. origin grain, shall ensure that the grain moved by these other companies meet the requirements of D-99-01.
  10. The IOR shall provide the CFIA with the route and schedule of all rail cars ahead of time for audit purposes.

 

Appendix 11

Example of an Acceptable Certificate of Origin

For movement of grain by hopper-bottom railcar from the United States in-transit through Canada to the United States or via Canadian ports for transfer directly from rail cars to vessels for export.

State of Origin Certificate
[Name of State Department of Agriculture included herein]
[Number of Certificate included herein]

[Address of State Department of Agriculture included herein]

To the plant protection organization of:

"The rail car(s) listed in this Certificate of Origin was (were) completely cleaned of any residues of previous consignments carried in the rail car(s) prior to loading the grain identified below in this Certificate. The grain in the rail car(s) listed below was produced and originated in the state(s) and county(ies) listed below."

Type of grain:

Origin (state and county where grain originated and was produced):

Rail car numbers:

Name of Elevator:

City:

State:

Name of Elevator Agent:

Signature of Elevator Agent:

Date:

State Department of Agriculture Authorized Certification Officer:

Signature of Authorized Certification Officer:

Date:

[Distribution included herein, e.g., original (white) to shippers, 1st copy (pink) to shippers, 2nd/ copy (canary) to the State.]

Date Modified: 2011-12-14

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