— and How You Can Speak Up
Canada has launched new public consultations on the Canada–United States–Mexico Agreement (CUSMA) — open until November 3, 2025.
👉 View the announcement on Canada.ca
🌱 Seed Is Foundational
Seed is the first link in our food system.
If cross-border seed import/export is hampered by inconsistent or opaque rules, breeders and farmers will suffer delays, higher costs, or lost opportunities.
This is especially true for small-scale, heirloom, public, or experimental lines where margins are slim.
Every day, seeds cross the Canada–U.S.–Mexico borders for testing, breeding, and planting.
The CUSMA review decides how those movements will be handled — and whether the next generation of farmers and seed stewards will have fair access to genetic diversity.
If you’re involved in seed growing, breeding, or farming—especially in smaller and community seed systems—this is a critical opportunity. Trade rules affect how seed crosses the border, how testing is accepted, how intellectual property regimes tie into seed rights, and how small shipments are handled.
Below, I explain what’s changed since NAFTA, what CUSMA currently does, and what we should push for now in the upcoming review. Then I share how you can submit your views.
What was NAFTA’s approach to seeds (and trade)?
Under NAFTA (in effect 1994–2020 between Canada, U.S., Mexico), seeds were treated as agricultural goods. The agreement lowered tariffs and required that sanitary and phytosanitary (SPS) measures be “science-based” and not more trade restrictive than necessary. Troubles often came from domestic regulations, certification, and pest measures, rather than from the trade text itself.
But NAFTA did not demand strict or uniform intellectual property regimes for plant breeders. Canada did not have to adopt UPOV ’91 under NAFTA, and Mexico remained on UPOV ’78 for a long period. That flexibility allowed domestic seed systems room to maneuver.
What changed under CUSMA (USMCA) for seed trade
When CUSMA took effect on July 1, 2020, several new or more enforceable obligations came into play—many with direct relevance to seed:
- Stronger SPS rules & transparency
CUSMA tightens requirements around science and risk assessment, recognition of equivalent systems, audit/inspection cooperation, and faster dispute resolution for SPS measures. This is important for seed imports that have to comply with plant health rules. - More robust TBT / standards cooperation
CUSMA encourages acceptance of equivalent technical regulations and conformity assessments. This can reduce duplicative seed testing or labeling demands across borders. - Requirement to adopt UPOV 1991
Under the intellectual property chapter, each Party must ratify or accede to UPOV 1991 (the more stringent PBR regime) rather than more flexible versions. That closes some policy space for domestic flexibility around seed rights. - Courier de minimis increases for small shipments
For U.S. / Mexico shipments into Canada, low-value courier thresholds were raised (CAD $40 tax-free, CAD $150 duty-free) to ease the import of small seed parcels. That helps small seed exchanges, trials, and breeders’ shipments. - Dispute precedent & enforcement
The new SPS and trade chapters have teeth. For example, disputes over agricultural biotechnology are being challenged under the more rigorous SPS norms.
All of these changes shift the balance: the “rules of the road” are more strictly enforced and more prescriptive than under NAFTA.
What should be preserved — and what must be improved — going into 2026
What to preserve / strengthen:
- The baseline requirement that SPS and phytosanitary measures be science-based, transparent, and minimally trade-restrictive.
- The principle of recognizing equivalent systems, especially for seed testing (e.g. acceptance of OECD or ISTA seed test certificates across borders.
- The elevated courier de minimis thresholds, which provide flexibility for small shipments (seed trials, breeder exchanges).
- The stronger institutional architecture (committees, dispute mechanisms, cooperation) that allows stakeholders to raise issues.
What needs to be improved / added:
🧩 A “Seed Annex” — clear, sector-specific rules for seed trade
Right now, CUSMA has no section dedicated to seed. Instead, seed trade is scattered across general agricultural chapters, leaving each country’s systems — and their paperwork — only loosely connected.
A Seed Annex would fix that. It would function as a dedicated section within the agreement — similar to existing annexes for Organic Products or Wine and Spirits — and would spell out practical, harmonized rules for how seed is tested, certified, and moved across borders.
Here’s what a Seed Annex could include:
- Recognize trusted seed testing systems
→ If a seed lot is certified under the OECD Seed Schemes or tested by an ISTA-accredited lab, other member countries would automatically accept those results — no re-testing, no duplication. - Create a transparent “small-lot” pathway
→ Establish clear, low-risk import channels for small seed shipments used in breeding, research, and heritage preservation — with standardized paperwork, predictable timelines, and simple inspection steps. - Standardize phytosanitary procedures
→ Align pest lists, inspection protocols, and documentation requirements across borders, ensuring consistent treatment of low-risk species and reducing arbitrary holds. - Improve transparency and accountability
→ Require annual public reporting of seed border data — including inspection times, rejections, and average costs — so policymakers and farmers can identify bottlenecks and improve efficiency. - Protect non-proprietary and public-domain seed
→ Ensure that open-pollinated, public, and farmer-saved seed systems remain viable, and that intellectual-property or certification rules do not exclude smaller or non-commercial players.
In essence, a Seed Annex would give the seed sector the same predictability and fairness that other agricultural products already enjoy — while safeguarding farmers’ rights, biodiversity, and innovation at the grassroots level.
🧭 Why This Matters Now
The 2026 CUSMA review is a once-in-a-decade opportunity.
By raising our voices now, we can help Canada push for trade rules that:
- Keep borders open for diverse and locally adapted seed,
- Support fair, science-based phytosanitary practices, and
- Uphold farmers’ and breeders’ rights to use, save, and share seed responsibly.
💌 How You Can Participate
Public input is open until November 3, 2025.
You can send your comments directly to Global Affairs Canada at:
📧 CUSMA-Consultations-ACEUM@international.gc.ca
Below is a ready-to-send email you can adapt:
✉️ Sample Email: Strengthen Canada’s Seed Policy in the CUSMA Review
Subject: Submission to CUSMA Consultation — Protect Seed Sovereignty in Trade Rules
Dear Ministers and Trade Officials,
I am writing as a [seed grower / farmer / gardener / researcher / concerned citizen] in [location] to share my views on how Canada can strengthen its seed system in the upcoming CUSMA review.
Recommendations:
- Negotiate a Seed Annex that recognizes OECD and ISTA testing and creates transparent, science-based seed trade rules.
- Establish a formal “small-lot” pathway for research, breeding, and heirloom seed exchanges.
- Require annual public reporting on seed border delays, inspections, and rejections.
- Maintain domestic flexibility within UPOV 1991 to protect farmer seed saving, public breeding, and non-commercial seed exchange.
- Coordinate regional standards for new breeding technologies to ensure transparency and avoid sudden trade barriers.
Seed is foundational. Predictable and fair seed trade supports innovation, biodiversity, and rural livelihoods. Please ensure these priorities are reflected in Canada’s CUSMA negotiating position.
Sincerely,
[Your Name & Affiliation]
[Contact Information]
[Address / contact]