Harvest will soon be upon us. In preparation for 2016 deliveries, an updated Declaration of eligibility for delivery of grains and oilseeds template is now available. Grain companies require producers sign a declaration form upon delivery.
Producer declaration forms have evolved. In addition to declaring the use of a registered variety, they now contain language stating that a particular crop input was not used and that the seed was legally acquired. As an example, here is sample language from the 2016-17 Canadian Grain Commission template relating to quinclorac.
“Quinclorac. I understand that Quinclorac is registered for use in Canada, but that using it results in residues that are not acceptable in certain export markets. I hereby represent and warrant that any and all deliveries of canola made by me or on my behalf have not been treated with any crop protection product containing Quinclorac, including the product known as “Clever Dry Flow Herbicide.”
In the event of noncompliance of this warranty, the Grain Handling Company and/or the Grain Buyer will refuse to accept delivery of the grain and/or oilseed offered for sale.”
The declaration also contains similar language on Chlormequat, the active ingredient in Manipulator™ — a plant growth regulator in wheat, and requires farmers to declare whether it has or may have been used.
In addition, the Canadian Grain Commission recommends producers check with their elevator to determine whether other products have been added to the declaration or are not being handled at a particular location. For example, in 2016, some grain companies have indicated that they will not accept canola treated with metaconazole (the active ingredient in Quash).
Be aware of risks in omitting or misdeclaring
Similar to grain contracts, it is important to read and understand the declaration prior to signing it. It is a legally binding document. By signing, farmers are stating that their farm and crop management practices are in compliance with those listed on the declaration. Any intentional or unintentional mistake on the declaration carries risk — essentially, a farmer is agreeing that they are liable should the input be traced back to their shipment. If detected, the grain buyer could seek financial damages for a shipment that is downgraded, redirected or rejected.
Why are farmers being asked to make these declarations?
Ninety percent of what canola farmers grow is exported. Shipments containing even the smallest amount of unacceptable crop input residues or de-registered varieties can be rejected. This results in a financial cost, and places future business at risk. Canadian canola has a global reputation that is second to none, and we all play a role in ensuring our products continue to meet our customer requirements. Visit Keep It Clean! to learn what part you can play.
To learn more on Grain Contracts, CCGA’s Practical Guide to Navigate Grain Contracts reviews common legal clauses with the goal of helping farmers better interpret and understand their obligations.
Thanks to the Canadian Canola Growers Association for generously sharing this content.
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