Acts and Regulations

2010-133 - Potato Disease Eradication Act

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NEW BRUNSWICK
REGULATION 2010-133
under the
Potato Disease Eradication Act
(O.C. 2010-454)
Filed August 31, 2010
1Section 2 of New Brunswick Regulation 82-70 under the Potato Disease Eradication Act is amended:
(a) by repealing the definition “mosaic”;
(b) by adding the following definitions in alphabetical order:
“accredited laboratory” means a laboratory accredited by the Canadian Food Inspection Agency to test for potato viruses or, if the laboratory is located in the United States of America, a laboratory deemed equivalent by the Canadian Food Inspection Agency;
“Breeders Selection seed potatoes” means Breeders Selection seed potatoes as defined in section 45 of the Seeds Regulations (Canada);
“certificate number” means a certificate number as defined in section 45 of the Seeds Regulations (Canada);
“class” means a class as defined in section 45 of the Seeds Regulations (Canada);
“lot” means a lot as defined in section 45 of the Seeds Regulations (Canada);
“post-harvest test” means a laboratory test, performed by an accredited laboratory on one or more samples of seed potatoes taken from a lot either at harvest or in the field after complete vine dessication, for the purpose of detecting PVY;
2Section 3 of the Regulation is amended
(a) in paragraph (a) of the English version by adding “and” at the end of the paragraph;
(b) in paragraph (c) by striking out “; and” at the end of the paragraph and substituting a period;
(c) by repealing paragraph (d).
3Section 6 of the Regulation is amended
(a) in subsection (2) by striking out “or the presence of the tobacco veinal necrosis strain of potato virus Y (PVYⁿ)”;
(b) in subsection (3)
(i) in the portion preceding paragraph (a), by striking out “or the presence of the tobacco veinal necrosis strain of potato virus Y (PVYⁿ)”;
(ii) in paragraph (b) by striking out “the presence of either of them” and substituting “its presence”.
4The Regulation is amended by adding after section 23 the following:
23.1For the purposes of a post-harvest test required under Schedule A, a producer shall sample the quantity of seed potatoes for each lot as set out in this section.
Field Size (hectares)
 
Minimum Number Of Tubers Required For Each Sample
Less than 0.25
60
0.25 to 0.499
120
0.5 to 0.999
240
1 to 3.99
240
4 to 15.99
240
16 or more
240 + 20 tubers for each additional hectare
23.2The results of a post-harvest test shall contain the following particulars:
(a) the level of PVY detected in each tested sample of seed potatoes;
(b) the certificate number of the seed potato lot as planted and the quantity of seed potatoes planted;
(c) the certificate number of the harvested seed potato lot from which each sample of seed potatoes was taken for post-harvest testing;
(d) the seed producer’s name, address and phone number; and
(e) the seed potato variety.
23.3Every producer who plants seed potatoes on a farm unit where the seed potatoes were not produced shall keep complete records for at least 12 months of the following in relation to those seed potatoes:
(a) original bills of sale or other proofs of purchase for each lot of seed potatoes planted;
(b) the seed potato source or the seed potato grower’s name;
(c) the certificate number and the quantity of seed potatoes planted in each lot; and
(d) the results of each post-harvest test.
5Schedule A of the Regulation is amended
(a) in section 1
(i) in paragraph (a.1) by striking out “and” at the end of the paragraph;
(ii) in paragraph (c) by striking out the period at the end of the paragraph and substituting a comma followed by “and”;
(iii) by adding after paragraph (c) the following:
(d) to be accompanied by the results of a post-harvest test except if the seed potatoes are:
(i) seed potatoes of the class Nuclear Stock;
(ii) seed potatoes of the class Pre-Elite, if they are to be planted on the farm unit where they were produced;
(iii) seed potatoes of the class Elite I, if they are to be planted on the farm unit where they were produced;
(iv) Breeders Selection seed potatoes; and
(v) seed potatoes to be planted in registration trials, research plots or home gardens.
(b) in section 2
(i) in paragraph (c) by striking out “and” at the end of the paragraph;
(ii) in paragraph (d) by striking out the period and substituting a comma followed by “and”;
(iii) by adding after paragraph (d) the following:
(e) to be accompanied by the results of a post-harvest test except if the seed potatoes are:
(i) seed potatoes of the class Nuclear Stock;
(ii) Breeders Selection seed potatoes; and
(iii) seed potatoes to be planted in registration trials, research plots or home gardens.
(c) in section 3
(i) in the column under the heading “Category of seed potato” by striking out “produced in the United States of America, other than breeders’ seed” and substituting “produced in the United States of America, other than Breeders Selection seed potatoes”;
(ii) by repealing paragraph (d) and substituting the following:
(d) to be accompanied by the results of a post-harvest test except if the seed potatoes are:
(i) seed potatoes of the class Nuclear Stock;
(ii) Breeders Selection seed potatoes; and
(iii) seed potatoes to be planted in registration trials, research plots or home gardens,
(d) in section 4, in the column under the heading “Category of seed potato” by striking out “breeders’ seed to be planted on a farm unit different from the farm unit where produced” and substituting “Breeders Selection seed potatoes to be planted on a farm unit different from the farm unit where produced”.
(e) in paragraph 5(b) of the English version by striking out “purpos” and substituting “purpose”.