Just when everyone had figured out the paperwork for Seed Declarations and such, the next phase of regulations entered into effect… and with it comes a new set of forms and rules. Here’s what Vendors need to know for selling corn and soybean seed treated with Neonicotinoids (Neonics) for the coming year.

As of a few weeks ago (August 31, 2016), in preparation for the 2017 planting season, vendors will be able to sell a Class 12 pesticide – such as Neonic-treated corn or soybean seed – to a farmer or another person planting a Class 12 pesticide if the buyer provides the following:

  • A certification number obtained through completion of the new integrated pest management (IPM) training;
  • A written declaration to the vendors that the grower has considered IPM principles before purchasing a Class 12 pesticide; and,
  • A completed and signed pest assessment report.

Vendor Licencing Requirements

In general, vendors must hold a licence to sell, offer to sell, or transfer pesticides in Ontario. As of last year (Aug. 31, 2015), a new treated seed vendor license from the Ministry of the Environment and Climate Change is required to sell Class 12 pesticides, such as Neonic-treated seed. Such a license may be obtained by submitting the Application Form for Treated Seed Vendors, and is valid for five years. Note that if you already hold another license to sell a different class of pesticides in Ontario, you will still need to obtain a treated seed vendor licence to sell Class 12 pesticides (i.e. Neonics).

The new regulatory requirements make use of the following definitions pertaining to vendors:

  • A vendor is considered to be someone or a business who sells, offers to sell or transfers pesticides.
  • A treated seed vendor is someone that sells, offers to sell or transfers corn or soybean seed treated with imidacloprid, thiamethoxam and/or clothianidin.
  • A treated seed sales representative is an individual who:
    • Represents a person who is required to hold a treated seed vendor’s licence,
    • Has direct contact with the buyers of neonicotinoid-treated seed and facilitates the sales transaction for a vendor.
    • Note that treated seed sales representatives have special responsibilities under the regulation (more about that in our next blog post), but do not require a licence.
  • If eligibility criteria are met, direct-to-farm vendors do not require a licence but they have some regulatory responsibilities similar to those that apply to treated seed sales representatives.

If vendors do not sell neonicotinoid-treated corn or soybean seeds, they do not need to obtain a treated seed vendor’s licence.

The Paperwork…

Before you sell Neonics:

Before being allowed to sell Neonic-treated seed, vendors must submit a List of Class 12 Pesticides Submission Form to the Ministry of the Environment and Climate Change for Class 12 pesticides that they will have available for sale to customers through their operation. This list must be submitted by July 31 every year, starting in 2015.

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The submitted list needs to include information about Class 12 pesticides that the vendor plans to sell over a 12-month period beginning on August 31 of that reporting year including:

  • The pesticide’s variety name
  • The concentration, in milligrams per seed, of imidacloprid, clothianidin and thiamethoxam contained in the pesticide
  • The name of the manufacturer of the pesticide
  • The name and the class of the pesticide that was used to treat the seed that makes it a Class 12 pesticide
  • The registration number assigned to the pesticide under the Pest Control Products Act (Canada).

As seed choices change and as new seed varieties come to market in mid-season, a vendor’s list of available pesticides may change. If this is the case, vendors are responsible for providing updated information to the Ministry of the Environment and Climate Change.

Vendors must ensure that any of their treated seed sales representative receives training on requirements set out in the regulation. Vendors must also keep a record of the name of the treated seed sales representative and the date of training.

It is critical to note that licenced vendors who offer Class 12 pesticides for sale must also offer for sale seeds of that commodity (i.e. corn or soybeans) that are not Class 12 pesticides.

Year-end reporting:

The Government of Ontario wishes to track progress on meeting its Class 12 reduction targets. As such, vendors will need to submit a report to the Government of Ontario by October 31 of each year, using the Sales and Transfer Report Form. This report is to provide the government with information about the Class 12 corn and soybean seed and non-Class 12 corn and soybean seed sold to purchasers other than licensed treated seed vendors. The regulations state that this report must include the following information in respect to corn seed and, separately, with respect to soybean seed:

  • The total amount of each Class 12 pesticide sold or transferred for the 12 month period;
  • The total mass of imidacloprid, clothianidin and thiamethoxam in kilograms, in all of the Class 12 pesticides sold or transferred;
  • The total number of acres on which each Class 12 pesticide sold or transferred could have been used;
  • The total amount of non-Class 12 corn and soybean seed sold or transferred during the 12 month period; and,
  • The total number of acres on which the non-Class 12 pesticides sold or transferred could have been planted.

Vendors are also required to submit copies of completed and signed pest assessment reports each year to the Ministry of Agriculture, Food and Rural Affairs

IPM / Pest Scouting

From Aug. 31, 2016 until Aug. 30, 2017, farmers who have completed the IPM training and have an IPM certification number may perform soil pest scouting and pest assessment themselves, and may also complete and sign the pest assessment report themselves.

All pest assessment reports relating to a crop damage assessment must always be completed and signed by a professional pest advisor, as this form of assessment requires specialized knowledge of pests and crop damage.

Vendors need to retain the documents that are required to be presented by buyers for at least four years as they may be asked by officials to provide the documents upon request.

Looking Ahead

Starting Aug. 31, 2017, a requirement will be phased in over time on a geographic basis that requires a professional pest advisor to conduct ALL pest assessment reports (for both crop damage AND soil pest scouting pest assessments).  See our blog post,Neonic Reg Compliance – When is a Professional Pest Advisor Required?” for a map and more information on this phased requirement.

 

For more informationcontact your PROSeeds representative, or refer to the following links or the Government of Ontario website for guidelines and forms: www.ontario.ca/neonics
Info for Vendors:

Neonic regulations for vendors: https://www.ontario.ca/page/neonicotinoid-regulations-seed-vendors

Forms for Vendors:

Application Form for Treated Seed Vendors

List of Class 12 Pesticides Submission Form

Sales and Transfer Report Form

 

See also our other related blog posts:

Neonic Regs Year 2 – What Growers Need to Know: http://proseeds.ca/neonic-regs-year-2-what-growers-need-to-know/

New Ontario Neonic Regs – What You Need to Know (the 1st Year): http://proseeds.ca/new-ontario-neonic-regs-what-you-need-to-know/

Canadian bees in crisis? Latest data says no: http://proseeds.ca/canadian-bees-in-crisis-latest-data-says-no

Neonic Reg Compliance – Two Methods of Pest Assessment: http://proseeds.ca/neonic-reg-compliance-two-methods-of-pest-assessment

Neonic Reg Compliance – When is a Professional Pest Advisor Required?: http://proseeds.ca/neonic-reg-compliance-when-is-a-professional-pest-advisor-required