Acts and Regulations

82-70 - General

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Current to 16 June 2023
NEW BRUNSWICK
REGULATION 82-70
under the
Potato Disease Eradication Act
(O.C. 82-336)
Filed April 22, 1982
Under section 35 of the Potato Disease Eradication Act, the Lieutenant-Governor in Council makes the following Regulation:
2018-38
1This Regulation may be cited as the General Regulation - Potato Disease Eradication Act.
2In this Regulation
“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;(laboratoire accrédité)
“Act” means the Potato Disease Eradication Act;(Loi)
“bacterial ring rot” means bacterial ring rot as indicated by the presence of Corynebacterium sepedonicum (syn. Clavibacter michiganense subsp. sepedonicum);(flétrissement bactérien)
“Breeders Selection seed potatoes” means Breeders Selection seed potatoes as defined in section 45 of the Seeds Regulations (Canada);(pommes de terre de semence Choix du sélectionneur)
“certificate number” means a certificate number as defined in section 45 of the Seeds Regulations (Canada);(numéro de certificat)
“class” means a class as defined in section 45 of the Seeds Regulations (Canada);(classe)
“farm unit” means one or more persons who control, under the same tenure or different tenures, one or more tracts of land, whether adjoining or not, or one or more buildings or structures regardless of their proximity, operating them as a single unit for the production and marketing, or the production, of potatoes and utilizing common equipment, facilities or storage in the production or marketing;(unité de production)
“lot” means a lot as defined in section 45 of the Seeds Regulations (Canada);(lot)
“mosaic” Repealed: 2010-133
“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;(test post-récolte)
“potato spindle tuber” means potato spindle tuber as indicated by the presence of potato spindle tuber viroid (PSTVd);(maladie des tubercules en fuseau)
“tuber” means an organ of vegetative reproduction of the potato plant which consists of the swollen end of an underground stem which bears buds in axils of scale-like rudimentary leaves.(tubercules)
“witches’ broom” Repealed: 96-22
91-23; 96-22; 2010-133
2.1(1)The advisory council established under section 3 of the Act shall make recommendations to the Minister in writing.
2.1(2)The Minister shall appoint four members to the advisory council, consisting of one representative from each of the following:
(a) Potatoes New Brunswick;
(b) New Brunswick Seed Potato Growers Association;
(c) New Brunswick Potato Shippers Association; and
(d) a potato processing company incorporated under an Act of the Province.
2.1(3)The Minister shall appoint two of the advisory council’s members as chair and vice-chair.
2.1(4)Members of the advisory council shall be appointed for a term of three years, but for the purposes of the first advisory council, the chair and vice-chair shall be appointed for a term of three years each and the remaining two members for a term of two years each.
2.1(5)A member of the advisory council shall remain in office, despite subsection (4), until the member resigns or is reappointed or replaced.
2.1(6)When a vacancy occurs on the advisory council, subject to subsection (2), the Minister may appoint a person to fill the vacancy for the balance of the term of the member replaced.
2.1(7)The Minister may, in the case of the temporary absence, illness or incapacity to act of any member of the advisory council, appoint a substitute for the member for the period of the temporary absence, illness or incapacity.
2.1(8)A vacancy on the advisory council does not impair the capacity of the advisory council to act.
2.1(9)The advisory council shall meet at least once each year.
2.1(10)The vice-chair shall act if the chair is unable to act.
2.1(11)Members of the advisory council may be reimbursed for the necessary expenses they incur for the purpose of attending meetings of the advisory council.
2011-8; 2018-38
3For the purposes of the Act, the following are prescribed as potato diseases:
(a) bacterial ring rot; and
(b) Repealed: 96-22
(c) potato spindle tuber.
(d) Repealed: 2010-133
84-215; 91-23; 96-22; 2010-133
4Subject to subsection 21(2), the minimum requirements to be met in order for categories of seed potatoes to be approved seed potatoes are set out in Schedule A.
96-22
4.1A person sampling or testing potatoes under the Act or this Regulation shall do so in accordance with the sampling and testing procedures established by the Minister for that purpose.
89-59; 96-22
4.11(1)No person shall plant, grow, dig or otherwise cultivate seed potatoes of a category in respect of which a permit to plant is required under the Act or this regulation unless the person is the holder of a permit authorizing the holder to plant those seed potatoes or is acting under the authority of such a permit.
4.11(2)A person who wishes to apply for a permit referred to in subsection (1) may do so by submitting to the Minister an application on a form provided by the Minister, containing the information requested by and otherwise in accordance with the directions of the Minister, not later than two weeks before the planting is to commence.
4.11(3)The Minister, if satisfied that the applicant, the seed potatoes to be planted by the applicant and the location in which the seed potatoes are to be planted are in every respect in conformity with all requirements, terms and conditions imposed under the Act and this Regulation, may issue a permit to the applicant.
96-22
4.12(1)A permit is subject to the terms and conditions applicable to it under the Act.
4.12(2)No holder of a permit or other person acting under the authority of a permit shall plant, grow, dig or otherwise cultivate seed potatoes in violation of the terms and conditions to which the permit is subject or of a provision of the Act or this Regulation.
4.12(3)The Minister may suspend or cancel a permit if the holder or any person acting under the authority of the permit is in violation of subsection (2).
4.12(4)The Minister may reinstate a permit suspended under subsection (2), upon the fulfilment of or subject to such terms and conditions as may be imposed under the Act.
96-22
4.2Repealed: 96-22
89-59; 96-22
5Repealed: 96-22
96-22
5.1Repealed: 96-22
89-59; 96-22
6(1)In this section
“volunteer” means a potato plant that grows from a potato left in the soil from the previous year.(plant adventice)
6(2)Subject to section 12 of the Act and to subsection (3), no person shall plant potatoes on lands on which there have been produced potatoes in which the presence of bacterial ring rot has been confirmed until one growing season has fully passed following the most recent date on which the presence of either of them was confirmed.
6(3)If a volunteer is found growing on lands on which there have been produced potatoes in which the presence of bacterial ring rot was confirmed in the previous growing season,
(a) the person who last produced potatoes on the lands shall remove the volunteer from the lands and destroy it, and
(b) no person shall plant potatoes on the lands until two growing seasons have fully passed following the most recent date on which its presence was confirmed.
85-97; 96-22; 2010-133; 2018-38
7Repealed: 96-22
96-22
8Repealed: 96-22
96-22
9An inspector may issue a bulk certificate in Form 10-1355, provided by the Minister with respect to approved seed potatoes to be shipped in bulk certifying that the potatoes described in the certificate are from a lot of potatoes identified by a federal certification number, given under the Seeds Act.
2023, c.17, s.203
10(1)A bulk certificate shall be issued only to the first purchaser of potatoes.
10(2)When a bulk certificate has been issued to a purchaser, the purchaser shall notify the seed inspector of the time and place of the purchase.
11Repealed: 96-22
96-22
12Repealed: 96-22
96-22
13Repealed: 96-22
84-215; 91-23; 96-22
14Repealed: 96-22
96-22
15Repealed: 96-22
96-22
16Repealed: 96-22
96-22
17Repealed: 96-22
96-22
18Repealed: 96-22
96-22
19Repealed: 96-22
84-215; 91-23; 96-22
20Repealed: 2005-110
2005-110
20.1Repealed: 2005-110
84-215; 2005-110
21(1)Every person who plants, grows, digs, stores, transports or otherwise handles potatoes in a seed potato production area shall ensure that
(a) the potatoes were produced within the seed potato production area,
(b) the potatoes were produced at the Bon Accord Elite Seed Potato Farm in the County of Victoria,
(c) the potatoes were produced at the Plant Propagation Centre, New Brunswick Department of Agriculture, Aquaculture and Fisheries at Fredericton, or
(d) the potatoes are handled in accordance with a written authorization of the Minister.
21(2)In addition to meeting the applicable minimum requirements of Schedule A, seed potatoes shall be approved seed potatoes for the purposes of planting or growing in a seed potato production area only if
(a) they are seed potatoes referred to in paragraph (1)(a), (b), (c) or (d), and
(b) they are not of the class “Certified” and are not of the class “Foundation”.
84-215; 96-22; 2000, c.26, s.243; 2007, c.10, s.76; 2010, c.31, s.106
22No person in a seed potato production area shall load or permit the loading of the person’s potatoes on a vehicle or in a container unless the person is satisfied that the vehicle or container
(a) has been disinfected, and
(b) has not been in contact with any potatoes and has not otherwise been exposed to contamination by a prescribed disease since being disinfected.
96-22
23All producers within a seed potato production area shall
(a) monitor the level of potato pests capable of carrying or transmitting any disease injurious or potentially injurious to any seed potatoes grown in that area, in such manner as may be specified by an inspector;
(b) apply controls for the management of potato pests capable of carrying or transmitting any disease injurious or potentially injurious to any seed potatoes grown in that area, in such manner as may be specified in writing by an inspector; and
(c) topkill their potatoes when directed to do so by an inspector.
96-22
23.1For the purposes of a post-harvest test required under Schedule A, a seed 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
2010-133; 2011-8
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.
2010-133; 2011-8
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 producer’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.
2010-133; 2011-8
23.4(1)Every producer who plants potatoes on more than 1.5 hectares of land shall provide the following information on the form provided by the Minister:
(a) seed potato supplier, cultivar, class, amount of seed potatoes planted by the producer and the certification numbers of those seed potatoes;
(b) the results of the post-harvest tests;
(c) the number of hectares of each variety of potatoes planted by the producer;
(d) the location of each potato planting planted by the producer;
(e) the spacing between cut-seed pieces in all potato plantings referred to in paragraph (d); and
(f) the average cut-seed piece size used in each identified seed lot planted by the producer.
23.4(2)The form referred to in subsection (1) shall be signed by the producer and witnessed by one other person.
23.4(3)The form referred to in subsection (1) shall be returned to the Minister by June 30 of the year in which the producer plants the potatoes referred to in the form.
2011-8
23.5Seed potato producers whose seed potatoes are tested at an accredited laboratory in the Province shall provide the results of the post-harvest tests to the Minister before February 15 of the year in which those seed potatoes are to be planted in the Province.
2011-8
24No person in a seed potato production area shall bring or allow to be brought into that area any equipment that is to be used in the production or handling of the potato crop unless the person is satisfied that that equipment
(a) has been disinfected to the satisfaction of an inspector, and
(b) has not been in contact with any potatoes and has not otherwise been exposed to contamination by a prescribed disease since being disinfected.
96-22
25The report to be filed under section 20 of the Act shall contain the following particulars:
(a) the date and method of disinfection;
(b) the number of containers disinfected;
(c) a list of equipment and vehicles disinfected;
(d) the date, destination and amount of potatoes sold or otherwise disposed of; and
(e) such other details required by the inspector to ensure that the potatoes have been treated or disposed of in a manner that prevents the spread of disease and that the disinfection has been effectively applied.
2018-38
25.1Potatoes or any other plant shall be deemed to be infected with a prescribed disease for the purposes of this Regulation if the results of laboratory testing show that the prescribed disease or the causal organism of the prescribed disease is present in the potatoes or other plant.
96-22
26If a person plants potatoes or fails to remove a volunteer in violation of subsection 6(2) or (3) or plants, grows, digs, stores, transports or otherwise handles potatoes in violation of subsection 21(1), an inspector may order that the potatoes, the volunteer or any potatoes that may have originated from such potatoes or volunteer, as the case may be, be treated or disposed of in the manner, by the persons and within the period of time set out in the order.
96-22
27A notice of appeal made under section 21 of the Act shall be in Form 1.
2018-38
28Regulation 79-145 under the Potato Disease Eradication Act is repealed.
SCHEDULE A
MINIMUM REQUIREMENTS TO BE MET BY CATEGORIES OF SEED POTATO
 
Category of seed potato
Minimum requirements
by category
 
1produced in New Brunswick
(a)to be accompanied by a certificate number given under the Seeds Act or otherwise by the Canadian Food Inspection Agency,    
 
(a.1)to be seed potatoes of the class Foundation or a higher class of seed potatoes,
 
(b)Repealed: 2005-110  
 
(c)if the Minister has reasonable and probable grounds to believe that the seed potatoes may be infected with a disease that poses a threat to the quality or marketability of potatoes grown in New Brunswick, to have passed such testing for that disease as the Minister may stipulate, and
 
(d)to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 4 of the Act 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.
 
2produced in Canada but outside New Brunswick
(a)to be accompanied by a certificate number given under the Seeds Act or otherwise by the Canadian Food Inspection Agency,    
 
(a.1)to be seed potatoes of the class Foundation or a higher class of seed potatoes,    
 
(b)Repealed: 2005-110  
 
(c)to have been produced by a farm unit with no history, directly or indirectly, of bacterial ring rot (BRR) and no history of potato spindle tuber (PSTVd), for at least four consecutive years immediately before the year of production,
 
(d)if the Minister has reasonable and probable grounds to believe that the seed potatoes may be infected with a disease that poses a threat to the quality or marketability of potatoes grown in New Brunswick, to have passed such testing for that disease as the Minister may stipulate, and
 
(e)to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 4 of the Act 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.
 
3produced in the United States of America, other than Breeders Selection seed potatoes
(a)to be accompanied by documentation satisfactory to the Minister indicating that the lot has passed testing for bacterial ring rot (BRR) and potato spindle tuber (PSTVd),    
 
(b)to have been certified by a recognized certification agency of a state of the United States of America, based on requirements that the Minister is satisfied are substantively equivalent to those established for those potatoes under the Seeds Act,    
 
(b.1)to be seed potatoes of a class determined by the Canadian Food Inspection Agency to be equivalent to the class Foundation or a higher class of seed potatoes,    
 
(c)to be accompanied by an import permit issued by the Canadian Food Inspection Agency,    
 
(d)to be accompanied by the results of a post-harvest test demonstrating that the levels of PVY detected in each sample are equal to or below the levels determined by the Minister under section 4 of the Act 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,
 
(e)to have been produced by a farm unit with no history of bacterial ring rot (BRR) and no history of potato spindle tuber (PSTVd), for at least four consecutive years immediately before the year of production, and    
 
(f)if the Minister has reasonable and probable grounds to believe that the seed potatoes may be infected with a disease that poses a threat to the quality or marketability of potatoes grown in New Brunswick, to have passed such testing for that disease as the Minister may stipulate.    
 
4Breeders Selection seed potatoes to be planted on a farm unit different from the farm unit where produced  
(a)Repealed: 2005-110
 
(b)to have passed testing for potato spindle tuber (PSTVd), and    
 
(c)if the Minister has reasonable and probable grounds to believe that the seed potatoes may be infected with a disease that poses a threat to the quality or marketability of potatoes grown in New Brunswick, to have passed such testing for that disease as the Minister may stipulate.    
 
5seed potatoes that do not meet all the minimum requirements of any of categories 1 to 4    
(a)to have passed any testing that the Minister may require, and
 
(b)to have been approved in advance for planting for the purpose and in the place stipulated by the Minister.
85-97; 96-22; 2005-110; 2010-133; 2011-8; 2018-38
SCHEDULE B
Repealed: 2005-110
84-215; 2005-110
N.B. This Regulation is consolidated to June 16, 2023.