Regulations Concerning Plant Breeding (2024) PDF

REGULATIONS CONCERNING PLANT BREEDING MBG4160_PLNT 6340 Fall 2024 The Seeds Act The Seeds Act and Regulations is the federal legislation governing the testing, inspection, quality and sale of seeds in Canada. Plant Breeders’ Rights establishes the right of the pla...

REGULATIONS CONCERNING PLANT BREEDING MBG4160_PLNT 6340 Fall 2024 The Seeds Act The Seeds Act and Regulations is the federal legislation governing the testing, inspection, quality and sale of seeds in Canada. Plant Breeders’ Rights establishes the right of the plant breeder as pertains to varieties they have developed. The primary objective was to enhance the economic viability of Canadian agriculture by providing legislative protection of the intellectual property vested in improved varieties Union for the Protection of New Varieties of Plants (UPOV) is a legal entity that recognizes the importance of protecting plant varieties. Procedures for the Registration of Crop Varieties in Canada explains the details of how varieties are registered in Canada THE SEED ACT Available at: http://laws-lois.justice.gc.ca/eng/acts/s-8/FullText.html Established 1905, it set a minimum standards for pure seed, common and noxious weed contents, as well as germination. Amended 1911 and again in 1923 to include provisions for seed grading, tagging, and sealing pedigreed seed under government inspection. The seed standards of the Canadian Seed Growers’ Association were also incorporated. In 1937, a Crop registration certificate (issued by the CSGA) was incorporated and certified class was also introduced. THE SEED ACT Seed Regulations Grade Standards Weed seeds contamination Grade/status Quality of the seed Use of variety names Marketing and labeling Units of measurement Sampling and sample size Seed testing Seed importation Seed importation of un-registered varieties in Canada THE SEED ACT Variety Registration All varieties brought in after Dec 12, 1985, must be registered (with variety name, kind and registration number). Application for Variety Registration Variety Name Scientific and common name Description of pedigree, origin, history, breeding method, Variety description. Variety registration recommendation. Recommending committee Other countries?? Seed maintenance Canadian breeding organization and distributor THE SEED ACT Registration Certificate of registration Interim registration For period of time Genetic change to a variety SEED CLASSES AND GENERATIONS (WHEAT, SOYBEAN, TRITICALE, RYE, PEANUT, PEA, OAT, LUPIN, FLAX, LENTIL, FABABEAN, BEAN, BARLEY) Breeder seed Select Seed: First generation from Breeder seed for self-pollinated crops Foundation seed: One generation, first generation for most open-pollinated crops Registered seed: One generation unless otherwise specified by the breeder Certified seed: One generation https://seedgrowers.ca/wp-content/uploads/2019/01/Circ-6_ALL_ENGLISH_02.01-2019_20190124.pdf  Breeder Foundation Certified Grain Seed Plots Seed Seed Breeder Seed is developed and maintained by CSGA-recognized plant breeders of public research institutions and private companies. Foundation Seed is the first generation for most open-pollinated crops, and second generation for most self-pollinated crops, produced from Breeder or Select seed and rogued for off-types to meet variety descriptions and strict Foundation purity standards. Certified Seed is the first generation for most open-pollinated crops, and second generation for most self-pollinated crops, produced from Foundation or Registered seed by CSGA seed growers for sale to farmers for the production of commercial crops.  Breeder Select Foundation Certified Seed Plots Seed Seed Seed For most self-pollinated crops, Select plots are the first generation from Breeder seed and Registered crops are the first generation from Foundation seed. Most open-pollinated crops are produced in Foundation plots. Seed crop certification is performed for CSGA seed growers and processors dedicated to taking the extra steps necessary in planting, harvesting, handling, storage, and conditioning to produce Certified seed. SEED CROP CERTIFICATION Seed crop certification is a program of planned production, record keeping, unbiased inspections, and rigid standards to ensure the production of high quality, variety specific seed. Whether by traditional means or with the use of biotechnology, plant breeders continue to produce superior varieties of field crops. By overseeing production of seed crops, CSGA provides the vital link between plant breeders and farmers who benefit from these advances. SEED CROP CERTIFICATION Certified seed is derived from a seed crop that has been issued a CSGA crop certificate, is labelled with an official blue Certified tag (or bulk pedigreed certificate) and graded with a Canada pedigreed grade name when sold in Canada. The blue Certified tag is a symbol of the high-quality standards of certification assuring dependable performance. Certification is a limited generation concept whereby variety specific characteristics are maintained. New varieties developed by plant breeders are increased to supply farmers with seed of superior performance.  SUMMARY OF CSGA REQUIREMENTS FOR SEED CROP CERTIFICATION Circular 6  LAND REQUIREMENTS Select Plot Crop Land Requirements Soybean Must NOT be grown on land which: In the previous year produced: a non-pedigreed Soybean crop; a crop of a different variety of Soybean; a Foundation, Registered or Certified crop of Soybeans. Triticale Must NOT be grown on land which: (Spring and Winter) In the previous year produced: a Foundation, Registered or Certified crop of Triticale; In either of the preceding 2 years produced: a non-pedigreed crop of Barley, Buckwheat, Durum, Oat, Rye or Wheat; In any of the preceding 3 years produced: a non-pedigreed crop of Triticale or a different variety of Triticale; a Certified crop of Triticale. Wheat Must NOT be grown on land which: (Winter) In either of the preceding 2 years produced: a non-pedigreed** crop of Barley, Buckwheat, Durum, Oat, Rye, Triticale or Wheat; a crop of a different* variety of Wheat; a Certified crop of Wheat. Probation and Select Plot Production of Seed Crops: Barley, Bean, Buckwheat, Camelina, Canaryseed, Chickpea, Durum, Fababean, Fenugreek, Flax, Lentil, Lupin, Oat, Pea, Rye, Soybean, Triticale, and Wheat Table 12.4.3: Specific Crop Land Requirements ISOLATION DISTANCE REQUIRED Select Plot Crop Land Requirements Isolation Distance Required Triticale Inspected pedigreed Triticale of same variety Barley, Buckwheat, Durum, Oat, Rye, Wheat 3 meters (10 feet) Different varieties of Triticale Non-pedigreed Triticale Inspected pedigreed Triticale of same variety contaminated with off-types or other varieties of Triticale 30 meters (100 feet) Wheat Inspected pedigreed Wheat of same variety Barley, Buckwheat, Durum, Oat, Rye, Triticale 3 meters (10 feet) Different* varieties of Wheat Non-pedigreed Wheat Inspected pedigreed Wheat of same variety contaminated with off-types or different*varieties of Wheat 10 meters (33 feet) * In crops of pest tolerant varietal blends, “different” variety means a variety other than the varieties prescribed in the description of the pest tolerant variety. Table 12.6.2: Minimum Isolation Distances Required Between Select Plots and Other Crops WEEDS AND MAX IMPURITY STANDARDS Weeds All crops for pedigree must be free of Prohibited noxious weeds. Very weedy crops will be declined pedigreed status. Canadian Seed Growers’ Association | CIRCULAR 6 / Rev.02.01-2019 WEEDS AND MAX IMPURITY STANDARDS Maximum Impurity Standards The inspector makes 6 counts (20,000 plants each) in the plot to determine the number of impurities. The resulting average must not exceed the maximum impurity standards. a) The plot must not contain more than 1 plant in approximately 20,000 plants of another variety or off-type unless variants are specified by the responsible Breeder. b) In a Fababean plot, the plot must not contain more than 5 plants in approximately 20,000 plants of another variety or off-type unless otherwise specified by the Breeder of the variety. c) In a Soybean plot, the plot must not contain more than 10 plants in approximately 20,000 plants of another variety or off-type unless otherwise specified by the Breeder of the variety. d) The plot must not contain more than 1 plant in approximately 20,000 plants of other crop kinds difficult to separate from the seed produced in the plot. Canadian Seed Growers’ Association | CIRCULAR 6 / Rev.02.01-2019 PLANTING OF PLOTS RECOMMENDED PROCEDURES FOR THE PRODUCTION OF PROBATION AND SELECT PLOTS 1. Planting of Plots a) The plot should be planted in such a manner as to facilitate inspection and effective removal of plants of off- types, other varieties, other kinds and weeds. b) Bean, Chickpea, Fababean, Fenugreek, Lentil, Pea and Soybean should be planted in rows over 18 cm (7 inches) apart. c) To facilitate roguing and harvesting, the seed should be sown in single or double rows or in blocks of 4 to 6 rows with a space of approximately 50 cm (20 inches) between rows or blocks of rows. d) Plots should be planted in areas easily accessible for frequent maintenance an provide the maximum protection from outside sources of contamination, such as roadways and building sites. e) Plots susceptible to ergot should not be located adjacent to grassland. f) Regulations for land requirements are minimum standards and caution is necessary in choosing land, as volunteer growth from previous crops may vary according to local conditions. g) The regulations for isolation are minimum standards. It is always to the grower’s advantage to provide more isolation than required. h) When planting Probation and Select plots, specific requirements may influence the location and size of the plot. It is a safeguard if adjacent crops are the same variety as the plot and are inspected for pedigreed status. Canadian Seed Growers’ Association | CIRCULAR 6 / Rev.02.01-2019 ROUGING OF PLOTS RECOMMENDED PROCEDURES FOR THE PRODUCTION OF PROBATION AND SELECT PLOTS 2. Roguing of Probation and Select Plots a) The plot must be thoroughly and intensively rogued many times throughout the crop season. b) The numbers and kinds of plants removed should be recorded and described on the c) Report of Plot Production (Form 50). d) All rogued plants must be removed from the plot area. Canadian Seed Growers’ Association | CIRCULAR 6 / Rev.02.01-2019  Figure 1 OFFICIAL SEED TAGS Figure 2 Figure 3 Figure 4 E Canadian Seed Growers’ Association | CIRCULAR 6 / Rev.01.11-2016 PROTECTION OF INTELLECTUAL PROPERTY UNION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS (UPOV) Legal entity, headquartered in Geneva, Switzerland 21 countries have joined Implementation of PBR Canada has been a member since 1991 Plant Breeders’ Right in Canada  PLANT BREEDERS’ RIGHT " The single primary reason for PBR legislation in Canada is to enhance the economic viability of Canadian agriculture by providing legislative protection of the intellectual property vested in improved plant varieties" Dr. W.R. Scowcroft (1987) Has been a law in Canada since 1990 PBR EXPECTATIONS increased investment in plant breeding, protection for varieties, better access to germplasm, increased co-operation between private and public breeders, ultimately result in better and more diverse varieties PBR DESCRIPTION New variety must by distinct stable and uniform (DUS). The holder of PBR on a variety has the exclusive right to: to sell and produce (in Canada) propagating material of this variety to use propagating material of this variety to produce another variety to authorize either activity above to another party a royalty may be paid to the holder of PBR for the use of variety Term: 25 years since Certificate is issued UPOV MEMBER COUNTRIES 1 Argentina 20 Mexico 2 Austria 21 The Netherlands 3 Australia 22 New Zealand 4 Belgium 23 Norway 5 Bulgaria 24 Paraguay 6 Canada 25 Poland 7 Chile 26 Portugal 8 Colombia 27 Republic of Moldova 9 The Czech Republic 28 Russian Federation 10 Denmark 29 Slovakia 11 Ecuador 30 South Africa 12 Finland 31 Spain 13 France 32 Sweden 14 Germany 33 Switzerland 15 Hungary 34 Trinidad and Tobago 16 Ireland 35 Ukraine 17 Israel 36 The United Kingdom 18 Italy 37 The United States, and 19 Japan 38 Uruguay APPENDIX I CATEGORIES ELIGIBLE FOR PLANT BREEDERS’ RIGHTS Common Name Botanical Name 1 African violet b Saintpaulia H. Wendl. 2 Alfalfa b Medicago sativa L. sensu lato Prescribed Categories 3 Apple b Malus Mill 4 Barley b Hordeum vulgare L. sensu lato 5 Bean b Phaseolus vulgaris L. & Phaseolus coccineus L. 6 Begonia c Begonia L. 7 Blueberry c All species of blueberry of Vaccinium L. 8 Canola/rape a Brassica rapa L. & Brassica napus L. 9 Cherry b All species of cherries of Prunus L. 10 Chrysanthemum a Chrysanthemum L. 11 Clematis c Clematis L. 12 Corn b Zea mays L. 13 Creeping Red Fescue c Festuca rubra L. 14 Dianthus b Dianthus L. 15 Flax b Linum usitatissimum L. 16 Grapevine b Vitis L. 17 Impatiens c Impatiens L. 18 Kentucky Bluegrass c Poa pratensis L. 19 Lentil c Lens culinaris Medikus 20 Maple c Acer L. APPENDIX II CATEGORIES ELIGIBLE FOR PLANT BREEDERS’ RIGHTS Common Name Botanical Name 21 Mustard c Brassica carinata A. Braun, B. juncea (L.) Czer et Coss., B. nigra (L.) W. Koch & Sinapis alba L. Prescribed Categories 22 Oats b Avena L. 23 Peach c Prunus persica (L.) Batsch 24 Pear b Pyrus L. 25 Pea b Pisum sativum L. sensu lato 26 Pelargonium c Pelargonium L'Hér. ex Ait. 27 Plum c All species of plums of Prunus L. 28 Poinsettia b Euphorbia pulcherrima Willd. ex. Keotzsch 29 Potato a Solanum tuberosum L. 30 Potentilla b Potentilla L. 31 Raspberry c Rubus idaeus L. 32 Rose a Rosa L. 33 Soybean a Glycine max L. Merrill 34 Spirea c Spiraea L. 35 Strawberry b Fragaria L. 36 Timothy c Phleum pratense L. & Phleum bertolonii DC. 37 Viburnum c Viburnum L. 38 Wheat a Triticum L. 39 Yew b Taxus L. APPENDIX II OCCC Orthogonal Pastry & Bread Trial FHB Nursery Selected entries from AYT and EYT entered in the OCCC Orthogonal Pastry or Bread trial. FHB index (incidence x severity) and DON (on grain after harvested) are estimated for candidate lines evaluated for two years at three inoculated Fusarium nurseries at Ridgetown, Elora and Ottawa, ON. After two years of data analysis in the Orthogonal trials, we put forward the best lines from our program for registration. The candidate lines that are supported for registration will be entered the OCCC perfor mance trial. Pre-Breeder headrows When a line enters the second year orthogonal trial, we plant 150 pre-breeder headrows. If the line is supported for registration we produce the Breeder seed and distribute to the licensee of the new variety. Seed from each pre-breeder headrows is derived from a single head from a seed increase plot. To keep the line pure, we remove the entire row if any variant/off type is observed. OAC VIRGO (OAC-20-SRW-03-ERS) WHEAT FIELD DAY 2022 OAC VIRGO (OAC20-SRW-03) BREEDER SEED VARIANT OAC VIRGO (OAC-SRW-03)  OAC-20-SRW-03 CONTRACT PRODUCTION, MACKELLAR NOV. 1, 2022