Plant Health Regulations, SR 53/2024

1 PLANT HEALTH SR 53/2024 The Plant Health Regulations being Saskatchewan Regulations 53/2024 (effective August 30, 2024). NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 SR 53/2024 PLANT HEALTH Table of Contents PART 1 Preliminary Matters PART 5 1 Title General Provisions 2 Definitions 12 Forms PART 2 12 Deposit on appeal Declared Pests PART 6 3 List of pests Repeal and Coming into Force PART 3 14 RRS c P‑7 Reg 4 repealed Pest Control Officer Orders 15 RRS c P‑7 Reg 5 repealed 4 Orders re control, removal and destruction of plants 16 RRS c P‑7 Reg 2 repealed and materials from land or other premises 17 Coming into force 5 Prohibition of access, control, removal and movement of infested land or premises APPENDIX PART 4 PART 1 Potato Pests Animals, Insects and Diseases Declared to be Pests 6 Seed potato PART 2 7 Requirement to plant on land free of bacterial Forms ring rot and potato wart Form A Agreement 8 Disposal or destruction of cull potatoes Form B Order 9 Records 10 Requirement for disposal or destruction 11 Requirements for cleanup 3 PLANT HEALTH SR 53/2024 SASKATCHEWAN REGULATIONS 53/2024 The Plant Health Act PART 1 Preliminary Matters Title 1 These regulations may be cited as The Plant Health Regulations. Definitions 2 In these regulations: “Act” means The Plant Health Act; “cull potatoes” means potatoes: (a) that have been harvested and left outdoors; and (b) that are unmarketable or have been discarded for other reasons; “infested” means the presence of, or a condition that shows signs of, a pest; “potatoes” means potatoes grown for commercial sale; “seed potatoes” means seed potatoes that: (a) have been inspected in the field by an inspector of the Canadian Food Inspection Agency and are of the Foundation class or any higher class of seed potatoes as defined in the Seeds Regulations (Canada), CRC, c 1400; or (b) have been certified by a recognized certification agency in the United States and are of a certification class substantially the same as the Foundation class or any higher class of seed potatoes as defined in the Seeds Regulations (Canada), CRC, c 1400. 5 Jly 2024 SR 53/2024 s2. PART 2 Declared Pests List of pests 3 Animals, insects or diseases that have been declared pests by the minister pursuant to section 3 of the Act are set out in Part 1 of the Appendix. 5 Jly 2024 SR 53/2024 s3. 4 SR 53/2024 PLANT HEALTH PART 3 Pest Control Officer Orders Orders re control, removal and destruction of plants and materials from land or other premises 4(1) In this Part, “infested land or premises” means: (a) land or premises; or (b) if only a part of land or premises is subject to an order pursuant to the Act, that part of the land or premises. (2) If a pest control officer has reasonable grounds to believe that a pest is present at or on any infested land or premises, the pest control officer may make an order to: (a) restrict access to of the infested land or premises or part of the infested land or premises; and (b) restrict access to or movement of any of the following at or on the infested land or premises: (i) a plant or plant part or an animal or animal product; (ii) equipment; (iii) waste material; (iv) a conveyance; (v) other thing. (3) An order made pursuant to subsection (2) may include any terms and conditions that the pest control officer considers necessary to minimize the risk of the pest spreading and may: (a) specify the pest or the suspected pest; (b) name the owner or occupant responsible for a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing; (c) describe the location or boundaries of the infested land or premises; (d) describe a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing and its location at or on the infested land or premises; (e) require the owner or occupant responsible for a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing to present it for examination and testing; (f) require the application or installation of an identifying marker, signage or temporary barrier at or on the infested land or premises; (g) impose restrictions on: (i) the movement of a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing at or on the infested land or premises; or (ii) entering or leaving the infested land or premises; 5 PLANT HEALTH SR 53/2024 (h) specify any precautionary or biosecurity measures that must be observed when entering or leaving the infested land or premises; (i) require tests to be conducted to identify or confirm the presence of the pest; (j) require the owner or occupant responsible for the infested land or premises, conveyance or other thing that is or may be contaminated with a pest to clean and disinfect the infested land or premises, conveyance or other thing, including requiring that specific methods be used and certain conditions observed; (k) inspect the infested land or premises for the purpose of ensuring compliance with the order; (l) order disposal or destruction of cull potatoes in accordance with section 10 if the potatoes have or are believed on reasonable grounds to be infested; (m) allow the movement of a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing from the infested land or premises to another location; (n) require the owner or occupant responsible for the infested land or premises to inform the pest control officer of any animals that become sick or have died at or on the infested land or premises while the order is in effect; (o) require that records be kept and information reported with respect to complying with that order; (p) state the time within which any of the things mentioned in an order must be done; (q) fix the duration of the order; and (r) impose any other terms or conditions that the pest control officer considers necessary. (4) If the owner or occupant responsible for the infested land or premises, plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing that is subject to the order fails to comply with the order, the pest control officer may carry out the order at the expense of that owner or occupant pursuant to section 26 of the Act. (5) A pest control officer must provide in writing to the person mentioned in subsection (4) the pest control officer’s determination of the expenses incurred pursuant to that subsection. (6) Unless a person has the written consent of a pest control officer, no person other than a pest control officer shall remove, alter, deface, conceal, damage, destroy, move or render illegible: (a) an order or copy of an order that has been posted; or (b) any identifying marker, signage or temporary barrier applied or installed as authorized pursuant to this section. 5 Jly 2024 SR 53/2024 s4. 6 SR 53/2024 PLANT HEALTH Prohibition of access, control, removal and movement of infested land or premises 5(1) No person shall move a plant or plant part, animal or animal product, equipment, waste material, conveyance, or other thing from infested land or premises to another location: (a) unless done in accordance with an order made pursuant to section 4; and (b) without notifying the pest control officer at least 24 hours before moving a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing from the infested land or premises. (2) A person who moves a plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing from infested land or premises to another location must: (a) carry a copy of the order; and (b) provide a copy of the order to any person who takes custody or care and control of the plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing. (3) A pest control officer may require that a plant or plant part, animal or animal product, equipment, waste material, conveyance, or other thing that has been removed by a person responsible for land or other premises from infested land or premises be returned to the infested land or premises. (4) If, pursuant to subsection (3), the owner or occupant responsible for infested land or premises is required by a pest control officer to return a plant or plant part, animal or animal product, equipment, waste material, conveyance, or other thing removed from the land or premises and the owner or occupant responsible refuses to comply with the order of the pest control officer, the pest control officer may return or cause to be returned the plant or plant part, animal or animal product, equipment, waste material, conveyance or other thing at the expense of that owner or occupant pursuant to section 26 of the Act. 5 Jly 2024 SR 53/2024 s5. PART 4 Potato Pests Seed potato 6 Every owner or occupant shall only use seed potatoes in a potato planting. 5 Jly 2024 SR 53/2024 s6. Requirement to plant on land free of bacterial ring rot and potato wart 7(1) No owner or occupant shall plant seed potatoes, or any other potato, on land that was infested with bacterial ring rot within the previous 2 growing seasons. (2) No owner or occupant shall plant seed potatoes, or any other potato, on land that: (a) was infested with potato wart within the previous 5 growing seasons; 7 PLANT HEALTH SR 53/2024 (b) has potato wart spore counts in the soil that are higher than 5 spores per gram of soil; and (c) has a positive potato wart bioassay. 5 Jly 2024 SR 53/2024 s7. Disposal or destruction of cull potatoes 8 Every owner or occupant shall ensure that all cull potatoes on the owner’s or occupant’s land are disposed of or destroyed on or before June 15 of each year. 5 Jly 2024 SR 53/2024 s8. 5 Jly 2024 SR 53/2024 s8. Records 9(1) Every owner or occupant shall: (a) maintain accurate records of all potato plantings, including: (i) the date and location of all potato plantings; and (ii) the weight and class of certified seed potato used; (b) maintain accurate records of all cull potatoes, including the location of cull potatoes that have been disposed of or destroyed; and (c) retain a copy of each bill of sale for the seed potato used in each potato planting. (2) Every owner or occupant shall retain the records mentioned in clauses(1)(a), (b) and (c) for at least 3 years after the expiration of the year in which the records were created. 5 Jly 2024 SR 53/2024 s9. Requirement for disposal or destruction 10(1) A pest control officer may issue an order to an owner or occupant pursuant to section 24 of the Act for the disposal or destruction of: (a) all potatoes that have tested positive for bacterial ring rot, potato wart or late blight; and (b) all potatoes that have been or may have been in contact with those infested potatoes. (2) Every order issued pursuant to subsection (1) that does not require the potatoes to be destroyed must require that the potatoes be disposed of and treated in a manner ordered by the pest control officer to prevent the growth of potato sprouts. (3) A pest control officer may issue an order pursuant to section 24 of the Act to an owner or occupant for the disposal or destruction of any cull potatoes found on the owner’s or occupant’s land. 5 Jly 2024 SR 53/2024 s10. 8 SR 53/2024 PLANT HEALTH Requirements for cleanup 11 All storage locations used by an owner or occupant for loading, processing or transporting, and all field equipment, packaging equipment and other material, shall be cleaned and disinfected in a manner ordered by a pest control officer pursuant to section 24 of the Act if the locations, equipment and material have been used for the storage or production of potatoes that: (a) are infested with bacterial ring rot, potato wart or late blight; or (b) have been or may have been in contact with those infested potatoes. 5 Jly 2024 SR 53/2024 s11. PART 5 General Provisions Forms 12(1) For the purposes of subsections 21(1) and (2) of the Act, Form A of Part 2 of the Appendix is prescribed as the form of agreement. (2) For the purposes of section 24 of the Act, Form B of Part 2 of the Appendix is prescribed as the form of an order for the control or destruction of pests. 5 Jly 2024 SR 53/2024 s12. Deposit on appeal 13 A notice of appeal pursuant to section 33 of the Act must be accompanied by a deposit in the amount of $750. 5 Jly 2024 SR 53/2024 s13. PART 6 Repeal and Coming into Force RRS c P‑7 Reg 4 repealed 14 The Bacterial Ring Rot Control Regulations are repealed. 5 Jly 2024 SR 53/2024 s14. RRS c P‑7 Reg 5 repealed 15 The Late Blight Control Regulations are repealed. 5 Jly 2024 SR 53/2024 s15. RRS c P‑7 Reg 2 repealed 16 The Pests Declaration Regulations are repealed. 5 Jly 2024 SR 53/2024 s16. 9 PLANT HEALTH SR 53/2024 Coming into force 17(1) Subject to subsection (2), these regulations come into force on the day on which section 1 of The Plant Health Act comes into force. (2) If these regulations are filed with the Registrar of Regulations after the day on which section 1 of The Plant Health Act comes into force, these regulations come into force on the day on which they are filed with the Registrar of Regulations. 5 Jly 2024 SR 53/2024 s17. Appendix PART 1 [Section 3] Animals, Insects and Diseases Declared to be Pests “Bacterial ring rot of potato” – Bacterial potato disease caused by Clavibacter michiganensis ssp. sepedonicus also known as Corynebacterium sepedonicum, which affects potato plants and tubers “Brown rat” or “Norway rat” – Rattus norvegicus and roof rat, black rat, or ship rat, Rattus rattus “Feral pigs” – free‑living members of the family Suidae “Late blight” – potato disease caused by the fungus‑like organism Phytophthora infestans, which affects potato plants and tubers “Potato wart” – Potato disease caused by the soil‑borne fungus, Synchytrium endobioticum, which attacks the growing points on the potato plants 10 SR 53/2024 PLANT HEALTH PART 2 Forms FORM A [Section 21 of The Plant Health Act] AGREEMENT Agreement No. Agreement between Owner/Occupant – and – Pest Control Officer (Name) (Name) (Address) (Address) No. (Municipality) As provided in The Plant Health Act, I, the above‑mentioned owner or occupant, having this day conferred with the above‑mentioned Pest Control Officer, hereby acknowledge the presence of the following pest, on the land located at (if different from above): _____ quarter of section ____ township _____range _____ west of the _____ meridian. and/or GPS Coordinates N ____________________ and W ____________________ as shown on the diagram attached; or Number, Street: ________________________ Town/City: __________________________ 11 PLANT HEALTH SR 53/2024 AND hereby agree to do the following work (specify work to be done): Dated this _____ day of _______________ , 20 ______. (Owner or Occupant Signature) (Pest Control Officer Signature) 12 SR 53/2024 PLANT HEALTH DIAGRAM SHOWING LOCATION OF PEST (may be supplemented with map printed from GIS software) North‑West 1/4 North‑East 1/4 South‑West 1/4 South‑East 1/4 ______ quarter of section _____ township _____ range _____ west of the _____ meridian. GPS Coordinates N ____________________ and W ____________________ (These locations are approximations only and do not necessarily indicate all pests or pests present.) 13 PLANT HEALTH SR 53/2024 FORM B [Section 24 of The Plant Health Act] ORDER Order No. To: Address: Telephone: E‑mail: It has come to my attention that the following pest: declared pursuant to The Plant Health Act: has become established on your land described as (if different from above): (a) ______ quarter of section ______ township _______ range _______ west of the ______ meridian; or (b) Number, Street: _________________________ Town/City: __________________________ (b) and/or GPS Coordinates N ____________________ and W _______________________ as (b) shown on the diagram attached; or is present in or adhering to your machine/facility described as: (description of machine or facility) 14 SR 53/2024 PLANT HEALTH In accordance with of that Act, you are hereby notified: (section of Act) (Detail instructions including methods to be used to control a pest and setting out any prohibitions or other measures the Pest Control Officer considers necessary or appropriate) All the above measures must be commenced within 5 business days after the date of service of this order, failing which action may be taken in accordance with The Plant Health Act. This order is issued pursuant to section 24 of The Plant Health Act. An appeal against this order may be served in accordance with The Plant Health Act. Issued this _____ day of _______________________ , 20 ______. (Pest Control Officer Signature) 15 PLANT HEALTH SR 53/2024 DIAGRAM SHOWING LOCATION OF PEST (may be supplemented with map printed from GIS software) North‑West 1/4 North‑East 1/4 South‑West 1/4 South‑East 1/4 _____ quarter of section _____ township _____ range _____ west of the _____ meridian. GPS Coordinates N ____________________ and W ____________________ (These locations are approximations only and do not necessarily indicate all pests present.) 5 Jly 2024 SR 53/2024. 16 SR 53/2024 PLANT HEALTH REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024