b'Rights Act is quite up to date via UPOV 91. That said, the Seeds Act could be modernized with regard to how common seed is handled. Common seed is seed that has not been certified. The sale of common seed makes Who makes up the Working Group? it more difficult for breeders to enforce their rights. Claudio Feulner (CF): The Working Group is comprised of:Depending on how common seed might be regulated in Authorized Seed Crop Inspection Services; Canadian Plantthe future, regulatory modernization could make certified Technology Agency (CPTA); Canadian Seed Growersseed more attractive for more growers.Association (CSGA); Canadian Seed Institute (CSI); Canadian Seed Trade Association (CSTA); CommercialWhat can American seed growers and sellers do to prepare for Seed Analysts Association of Canada (CSAAC); Canadianregulatory modernization?Federation of Agriculture (CFIA); Grain Growers ofCF: The CSTA and the American Seed Trade Association Canada; Union des Producteurs Agricoles (UPA) orhave a strong connection. We keep them up to date and Producteur de Grains du Qubec (PGQ); Pulse Canada;they are open to feedback, so anyone in the United States Cereals Canada; Canadian Horticultural Council; Cropwho might be impacted will be reached out to by their Development Centre (University of Saskatchewan);respective associations.Agriculture & Agri-Food Canada; USC Canada; Canadian Organic Trade Association; and the Canadian PotatoGC: At CSGA, we have a seat at the board table of the Council. Association of Official Seed Certifying Agencies (AOSCA). Were active in their standard-setting bodies. Theres been How was it determined who would be part of the a longstanding commitment on both sides to ensure there Working Group? are no barriers created by changes that may take place at Glyn Chancey (GC): It began with a clear message from thethe regulatory level. We have a process through AOSCA CFIA that they wanted the Working Group to be rep- and state seed certification agencies that if any changes resentative of the whole value chain impacted by seed,are contemplated, we share it with them.with a focus on primary producers, their customers, and a desire to see broader society represented, which is whyHas COVID-19 exposed areas of concern around seed supply we have an NGO included. that modernization could address?CF: COVID is exposing both weaknesses and strengths of How are farmers involved in this? the system. We hear from members that there are regu-GC: Both the Grain Growers of Canada and Canadianlatory service delays from governmental agencies. Its a Federation of Agriculture have seats at the table. Thats agood time to see which services are essential and need great starting point. CFIA has indicated in preliminary dis- to be kept as-is and which could use modernizing. Its a cussions around the engagement process that they will betesting ground for the system and we might learn a lot reaching out iteratively through the process and I believeduring a time of crisis like this that can be used during farmers are a part of that. the modernization process.How might seed crop inspections be impacted by this? What role are seed analysts playing in this?Gordon Butcher: One of the big modernizations that shouldKrista Erickson: CSAAC is a member of the Working Group, be considered is taking over the training of the inspectors.and we will invite all our members to take part in the Its always been a challenge for the CFIA to supply thatprocess. We are seeking feedback from members in terms service. Its quite archaic the way its done now, relyingof what is important to them. Our analysts will play an on them to be responsible for that. The process couldimportant role in the process from start to finish.be more efficient and less costly if done online. This has been brought to the forefront during COVID-19weIve heard a lot about how seed regulatory modernization might had no training available for 35 new inspectors. It putsallow our industry to make use of incorporation by reference. pressure on the ASCIS Association to cover its bases thisWhat is it and how can incorporation by reference improve the year in terms of training. I think regulatory modernizationseed system? might help us make it better. MS: Incorporation by reference is a tool that can be used to make the entire process more streamlined. It allows Can intellectual property (IP) protection be bolstered documents, standards and procedures that fall outside of via this process? regulation to be incorporated in regulatory changes by Mike Scheffel (MS): There might be opportunities there. IPsimply being referenced in regulations. A good example is governed by the Plant Breeders Rights Act, which isntis Circular 6. By not having to go through the formal covered by this process. As it stands, the Plant Breedersregulatory process, you can really streamline the pro-16GERMINATION.CAJULY 2020'