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Federal court says ban on seed potato exports warranted

April 17, 2023  By Potatoes in Canada

The Government of Canada says it accepts the decision rendered by the Federal Court April 14, resulting from an application for judicial review brought by the Prince Edward Island Potato Board. The P.E.I. Potato Board 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 decision dismissed the application for judicial review because the decisions under review were either moot or reasonable.

The P.E.I. Potato Board argued that the CFIA had overstepped its authority issuing the ban on seed potatoes, which was implemented in response to the potato wart outbreak two years ago.


As reported by the CBC, the board said it did have some successes in court.

“The court did confirm the industry’s position that the CFIA has no authority to order suspensions and issue directives regarding such suspensions to Island potato growers and plant health inspectors,” it said in a written statement. “The board will review the decision with its legal team and decide on next steps.”

The Government of Canada says it is committed to maintaining confidence in Canada’s plant health system, both domestically and abroad and that 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 says it will continue to work with growers, industry, provinces and trading partners to manage this disease while supporting industry activities.

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