STATEMENT - Government of Canada welcomes the federal court decision regarding potato wart

OTTAWA, ON, April 14, 2023 /CNW/ - The Government of Canada accepts the decision rendered by the Federal Court today, resulting from an application for judicial review brought by the Prince Edward Island Potato Board (PEI PB). The PEI PB challenged a series of decisions by the Canadian Food Inspection Agency (CFIA) and the Minister of Agriculture and Agri-Food, which includes the Potato Wart Ministerial Order. 

The Government accepts the decision of the Federal Court, which dismissed the application for Judicial Review because the decisions under review were either moot or reasonable.

The Government of Canada is committed to maintaining confidence in Canada's plant health system, both domestically and abroad. Effective management of potato wart requires a concerted effort by everyone involved. As the regulator, it is the role of the CFIA to help contain, control and prevent the spread of potato wart. The CFIA will continue to work with growers, industry, provinces and trading partners to manage this disease while supporting industry activities.

The CFIA will continue to be guided by solid data, science, international standards, legislative authorities and best practices.

 Quick facts

• Potato wart is an extremely persistent fungus and when present in soil may reduce yield and potato tuber quality on farms. It can spread through the movement of soil, farm equipment and potatoes from fields that have potato wart.
• As a pest regulated under the Plant Protection Act, its detection triggers measures to help contain and control the disease and prevent its spread. Potato wart poses no threat to human health.
• According to Statistics Canada, potatoes are the fifth largest primary agriculture crop in Canada (after wheat, canola, soybean, and corn), contributing approximately $1.5 billion in farm cash receipts in 2021 and $2.6 billion in exports of potatoes and potato products in 2021/2022.¹
• In late October 2021, the United States (U.S.) advised the CFIA that it would no longer accept seed potatoes from PEI and that failure to issue a notice of temporary suspension of export certification would result in the U.S. implementing a Federal Order that would prohibit their importation.
• The U.S. took the same position for table stock and processing potatoes.
• The U.S. position led to two other CFIA decisions being challenged that informed inspectors that U.S. import requirements could no longer be met.
• The CFIA may only certify export shipments that meet the import requirements of the jurisdiction receiving the product.
• The judicial review occurred on March 23, 2023. An appeal may be launched up to 30 days after the decision is rendered

Backgrounder: Potato wart facts and figures

Potato wart is a soil-borne fungus, Synchytrium endobioticum. that can remain dormant in a field for more than 40 years.

Although potato wart poses no threat to human health or food safety, it does have a financial impact for potato growers by reducing their yield and making potatoes unmarketable. While potato wart naturally spreads slowly within a field, it often spreads rapidly within and to other fields by the movement of soil in association with farm equipment, cultivation practices and transfer and planting of seed potato tubers from infected fields.

In Canada and many other countries, potato wart is a quarantine pest. The Canadian Food Inspection Agency (CFIA) is therefore required to put controls in place to help contain, control and prevent the spread of potato wart both domestically and internationally.

Potato wart is regulated under the Plant Protection Act.(PPA). The PPA outlines requirements when a detection of potato wart is confirmed. For example, it may trigger land-use restrictions, movement controls, requirements for cleaning and disinfection of equipment, soil sampling and testing. The fungus is extremely persistent and the only efficient way to control the disease is to prevent the spread to new locations.

About potato wart in PEI

• Seed potatoes from infected fields are the highest risk for spreading potato wart.
• When left unmanaged, potato wart can cause field losses between 50% and 100%.²
• As of 2021, PEI has approximately 175 potato farms.³
• Since 2000, potato wart has been found in 36 fields across all three counties of PEI.⁴
• The CFIA's current investigations began after the CFIA confirmed potato wart in two separate fields on two separate farms in October 2021. Since then, the CFIA has also confirmed related findings in February 2022, July 2022 and December 2022. These are the largest investigations since the fungus was first detected in PEI in 2000.
• As of March 2023, the CFIA has analyzed over 35,000 soil samples as part of its current investigations into potato wart. Many more samples remain to be collected and analyzed.
• The Government of Canada remains steadfast in its decision to implement the Ministerial Order and the PEI seed potato domestic movement requirements.
• The decision to implement the Ministerial Order was necessary to help contain, control and prevent the spread of potato wart in a manner that protects plant life and Canada's important agriculture sector.
• The Ministerial Order restricts the domestic movement of potatoes, soil, and other high-risk things (i.e. root crops, nursery stock, sod, or bulbs) out of PEI.

Value of potatoes

• According to Statistics Canada, potatoes are the fifth largest primary agriculture crop in Canada (after wheat, canola, soybean and corn). Potatoes contributed approximately $1.5 billion in farm cash receipts in 2021 and $2.6 billion in exports of potatoes and potato products in 2021/2022.⁵
• Potatoes make a significant contribution to the agricultural sector in some provinces; for example, in 2021, potatoes contributed over 44% of the total farm cash receipts in Prince Edward Island, and 17% of the total farm cash receipts in New Brunswick.⁶
• Manitoba and Alberta have higher total potato farm cash receipts than both Prince Edward Island and New Brunswick; however, potato farm cash receipts represent only 4% and 2%, respectively, of the total farm cash receipts for Manitoba and Alberta.⁷

About PEI potato exports to the U.S.

• PEI exports about $110 million worth of potatoes to the U.S. each year.⁸
• Historically, that has included about $3 million in seed potatoes.⁹ The remaining over 95% of potato exports to the U.S. are for consumption (fresh and frozen/processed.
• In November 2021, the United States Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) decided to no longer accept potatoes from PEI into the U.S.
• Countries are responsible for setting their own individual import requirements.
• The CFIA may only certify export shipments that meet the import requirements of the jurisdiction receiving the product.
• U.S. imports of PEI potatoes for consumption resumed under certain conditions in April 2022, when APHIS introduced new requirements to reduce the risk of bringing in potato wart.
• Currently, only field-grown seed potatoes from PEI may not be exported to the U.S. (as outlined in their Federal Order). The U.S. would need to change or repeal this federal order in order to resume importing seed potatoes from PEI.

Learn more about potato wart and the ongoing investigations in Prince Edward Island.

Associated links

• Minister Bibeau announces $28 million to support Prince Edward Island potato producers impacted by trade disruptions
• Potato wart in Prince Edward Island (includes the latest updates and statements)
• Potato wart or potato canker – Synchytrium endobioticum
• Ministerial Order

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The Canadian Food Inspection Agency (CFIA) touches the lives of all Canadians in so many positive ways. Each day, hard-working CFIA employees—including inspectors, veterinarians, and scientists—inspect food for safety risks, protect plants from pests and invasive species, and respond to animal diseases that could threaten Canada's national herd and human health. Guided by science-based decision-making and modern regulations, the Agency works tirelessly to ensure access to safe and healthy food in Canada and support access to international markets for our high-quality agricultural products. To learn more, visit inspection.canada.ca.

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¹ https://agriculture.canada.ca/en/sector/horticulture/reports/potato-market-information-review-2021-22#ov

² https://www.tandfonline.com/doi/abs/10.1080/07060669309501918

³ https://agriculture.canada.ca/en/sector/horticulture/reports/potato-market-information-review-2021-22#a1.2

⁴ https://inspection.canada.ca/plant-health/invasive-species/plant-diseases/potato-wart-or-potato-canker/potato-wart-in-pei/eng/1644011638795/1644012033480

⁵ https://agriculture.canada.ca/en/sector/horticulture/reports/potato-market-information-review-2021-22#ov

⁶ https://agriculture.canada.ca/en/sector/horticulture/reports/potato-market-information-review-2021-22#ov

⁷ https://agriculture.canada.ca/en/sector/horticulture/reports/potato-market-information-review-2021-22#ov

⁸ https://www.princeedwardisland.ca/sites/default/files/publications/af_stat_tab22.pdf

⁹ https://www.princeedwardisland.ca/sites/default/files/publications/af_stat_tab24.pdf

SOURCE Canadian Food Inspection Agency (CFIA)

Media Relations, Canadian Food Inspection Agency, 613-773-6600, [email protected]