ARCHIVED — Vol. 146, No. 14 — July 4, 2012

Registration

SOR/2012-137 June 21, 2012

CANADA GRAIN ACT

Regulations Amending the Canada Grain Regulations

The Canadian Grain Commission, pursuant to subsections 16(1) (see footnote a) and (2) (see footnote b) of the Canada Grain Act (see footnote c), makes the annexed Regulations Amending the Canada Grain Regulations.

Winnipeg, Manitoba, June 20, 2012

ELWIN HERMANSON
Chief Commissioner
JIM SMOLIK
Assistant Chief Commissioner
MURDOCH MACKAY
Commissioner

REGULATIONS AMENDING THE CANADA GRAIN REGULATIONS

AMENDMENTS

1. Tables 8 to 10 of Schedule 3 to the Canada Grain Regulations (see footnote 1) are replaced by the following:

TABLE 8

BARLEY, CANADA WESTERN MALTING (CW)

Grade Name

Standard of Quality

Maximum Limits of

Variety

Fusarium
%

Heated
%

Frost
%

Foreign Material

Inseparable Seeds
%

Large Oil-bearing Seeds
%

Select Malting CW Two-row

Any selected variety of the class Barley, Canada Western Malting Two-row designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CW Six-row

Any selected variety of the class Barley, Canada Western Malting Six-row designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CW Two-row Hulless

Any selected variety of the class Barley, Canada Western Malting Two-row Hulless designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CW Six-row Hulless

Any selected variety of the class Barley, Canada Western Malting Six-row Hulless designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Note: Barley not selected for malting will be graded according to quality into the general purpose grades.

TABLE 9

BARLEY, CANADA WESTERN GENERAL PURPOSE (CW)

Grade Name

Standard of Quality

Maximum Limits of Foreign Material

Minimum Test Weight
kg/hL

Degree of Soundness

Inseparable Seeds
%

Other Cereal Grains
%

Wild Oats
%

Total
%

No. 1 CW

63

Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged

0.2

2.5

1

2.5

No. 2 CW

57

Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels

0.2

8

2.5

10

No. 1 CW Hulless

72

Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged

0.2

2.5

1

2.5

No. 2 CW Hulless

65

Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels

0.2

8

2.5

10

TABLE 10

BARLEY, CANADA WESTERN FOOD (CW)

Grade Name

Standard of Quality

Maximum Limits of Foreign Material

Varieties with Adhered Hulls
%

Other Hulless Varieties
%

Total Adhered Hulls
%

Inseparable Seeds
%

Other Cereal Grains
%

Total
%

Select Food CW Two-row

N/A

N/A

N/A

0.2

2.0

2

Select Food CW Six-row

N/A

N/A

N/A

0.2

2.0

2

Select Food CW Two-row Hulless

Considered as other cereal grains

5

5

0.2

2.0

2

Select Food CW Six-row Hulless

Considered as other cereal grains

5

5

0.2

2.0

2

Note: Barley not selected for food will be graded according to quality into the general purpose grades.

2. Table 36 of Schedule 3 to the Regulations is replaced by the following:

TABLE 36

LENTILS, CANADA RED (CAN)

Grade Name

Standard of Quality

Degree of Soundness

Copper
%

Total
copper
including
bleach
%

No. 1 Canada Red

Uniform size, good natural colour

1

3

No. 2 Canada Red

Uniform size, reasonably good natural colour

3

10

Extra No. 3 Canada Red

Uniform size, fair colour

10

25

No. 3 Canada Red

Poor colour

No limit

No limit

Grade Name

Maximum Limits of

Damage

Foreign Material

Heated
%

Peeled, Split
and
Broken
%

Other Damage
%

Total
%

Wrinkled
%

Total Damage
Including
Wrinkled
%

Stones
%

Total
%

No. 1 Canada Red

0.2

2

1

2

2

4

0.1

0.2

No. 2 Canada Red

0.5

3.5

2

3.5

5

8

0.2

0.5

Extra No. 3 Canada Red

0.5

5

5

5

N/A

N/A

0.2

0.5

No. 3 Canada Red

1

10

10

10

N/A

N/A

0.2

1

3. Tables 46 to 48 of Schedule 3 to the Regulations are replaced by the following:

TABLE 46

BARLEY, CANADA EASTERN MALTING (CE)

Grade Name

Standard of Quality

Maximum Limits of

Variety

Fusarium
%

Heated
%

Frost
%

Foreign Material

Inseparable Seeds
%

Large Oil-bearing Seeds
%

Select Malting CE Two-row

Any selected variety of the class Barley, Canada Eastern Malting Two-row designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CE Six-row

Any selected variety of the class Barley, Canada Eastern Malting Six-row designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CE Two-row Hulless

Any selected variety of the class Barley, Canada Eastern Malting Two-row Hulless designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Select Malting CE Six-row Hulless

Any selected variety of the class Barley, Canada Eastern Malting Six-row Hulless designated as such by order of the Commission

0.2

0.1

2.0

0.2

Nil

Note: Barley not selected for malting will be graded according to quality into the general purpose grades.

TABLE 47

BARLEY, CANADA EASTERN GENERAL PURPOSE (CE)

Grade Name

Standard of Quality

Maximum Limits of Foreign Material

Minimum Test Weight
kg/hL

Degree of Soundness

Inseparable Seeds
%

Other Cereal Grains
%

Wild Oats
%

Total
%

No. 1 CE

60

Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged

0.2

2.5

1

2.5

No. 2 CE

54

Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels

0.2

8

2.5

10

No. 1 CE Hulless

72

Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged

0.2

2.5

1

2.5

No. 2 CE Hulless

65

Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels

0.2

8

2.5

10

TABLE 48

BARLEY, CANADA EASTERN FOOD (CE)

Grade Name

Standard of Quality

Maximum Limits of Foreign Material

Varieties with Adhered Hulls
%

Other Hulless Varieties
%

Total Adhered Hulls
%

Inseparable Seeds
%

Other Cereal Grains
%

Total
%

Select Food CE Two-row

N/A

N/A

N/A

0.2

2.0

2

Select Food CE Six-row

N/A

N/A

N/A

0.2

2.0

2

Select Food CE Two-row Hulless

Considered as other cereal grains

5

5

0.2

2.0

2

Select Food CE Six-row Hulless

Considered as other cereal grains

5

5

0.2

2.0

2

Note: Barley not selected for food will be graded according to quality into the general purpose grades.

COMING INTO FORCE

4. (1) Sections 1 and 2 come into force on August 1, 2012.

(2) Section 3 comes into force on July 1, 2012.

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These changes outlined below result from a review of Schedule 3 tables by the Canadian Grain Commission’s Manager, Quality Assurance Standards and Reinspection.

Table 36 — Lentils, Canada Red (CAN)

  • Addition of a wrinkled tolerance for No. 1 and No. 2 Canada grades
  • Addition of a Total Damage including wrinkled tolerance for No. 1 and No. 2 Canada grades
  • Amendments are to be made effective August 1, 2012.

Rationale

At the April 3, 2012, meeting of the Western Standards Committee (WSC) and the April 5, 2012, meeting of the Eastern Standards Committee (ESC) a motion was passed recommending the addition of a wrinkled tolerance and Total Damage including wrinkled tolerance. The recommendation was brought forward as a result of an industry consultation. The red lentil industry indicated a revision of the grading specifications for Lentils, Canada Red, was needed in order to make the marketing of red lentils more competitive in the world market. The industry has been notified that the changes will be implemented August 1, 2012.

Table 8 — Barley, Canada Western Malting (CW)

Table 46 — Barley, Canada Eastern Malting (CE)

  • Addition of the term “Malting” to the grade name
  • Amend frost tolerance percentage from 2% to 2.0%
  • Addition of Select Malting Two-row Hulless / Six-Row Hulless with the following specifications:
  • Variety — Any selected variety of the class Barley, Canada Western Malting Two-row Hulless / Six-row Hulless designated as such by Order of the Commission
  • Fusarium — 0.2%
  • Heated — 0.1%
  • Frost — 2.0%
  • Inseparable seeds — 0.2%
  • Large oil-bearing seeds — Nil
  • Amendments are to be made effective July 1, 2012, for Eastern Canada and August 1, 2012, for Western Canada.

Table 9 — Barley, Canada Western General Purpose (CW)

Table 47 — Barley, Canada Eastern General Purpose (CE)

  • Addition of new grade of Barley, No. 1 CW/CE Hulless with the following specifications:
  • Degree of soundness to read “Reasonably sweet, may be frost-damaged, weather-stained or otherwise damaged”
  • Inseparable seeds — 0.2%
  • Other cereal grains — 2.5%
  • Wild oats — 1%
  • Total foreign material — 2.5%
  • Addition of new grade of Barley, No. 2 CW/CE Hulless with the following specifications:
  • Degree of soundness to read “Fairly sweet, excluded from other grades of barley on account of immature or severely damaged kernels”
  • Inseparable seeds — 0.2%
  • Other cereal grains — 8%
  • Wild oats — 2.5%
  • Total foreign material — 10%
  • Amendments are to be made effective July 1, 2012, for Eastern Canada and August 1, 2012, for Western Canada.

Table 10 — Barley, Canada Western Food (CW)

Table 48 — Barley, Canada Eastern Food (CE)

  • Amend title of table to reflect the new class name
  • Addition of new grade of Barley, Select Food CW/CE Tworow / Six-row with the following specifications:
  • Varieties with adhered hulls — N/A
  • Other hulless varieties — N/A
  • Total adhered hulls — N/A
  • Inseparable seeds — 0.2%
  • Other cereal grain — 2.0%
  • Total foreign material — 2%
  • Addition of new grade of Barley, Select Food CW/CE Two-row Hulless / Six-row Hulless with the following specifications:
  • Varieties with adhered hulls — Considered as other cereal grain
  • Other hulless varieties — 5%
  • Total adhered hulls — 5%
  • Inseparable seeds — 0.2%
  • Other cereal grain — 2.0%
  • Total foreign material — 2%
  • Amendments are to be made effective July 1, 2012, for Eastern Canada and August 1, 2012, for Western Canada.

Rationale

At the April 3, 2012, meeting of the WSC and the April 5, 2012, meeting of the ESC a motion was passed recommending the revisions to the Barley primary grade determinant tables. The recommendation was brought forward as a result of an industry consultation. The recommendation clarifies the end uses of barley and includes the two types of barley within each class. The creation of the new food class will assist the industry in marketing barley as a food product. The industry has been notified that the changes will be implemented July 1, 2012, for Eastern Canada and August 1, 2012, for Western Canada.

Footnote a
S.C. 1994, c. 45, s. 5

Footnote b
R.S., c. 37 (4th Supp.), s. 5

Footnote c
R.S., c. G-10

Footnote 1
C.R.C., c. 889; SOR/2000-213