As reported in the September issue of Landscape Trades, recent changes to the Plant Protection Regulations monitoring Japanese barberry will see restrictions lifted on the importation and domestic movement of 11 rust-resistant varieties of Japanese barberry (Berberis thunbergii). The Canadian Nursery Landscape Association (CNLA) has been intimately involved in this issue over the past 10 years, working with the Canadian Food Inspection Agency (CFIA) on a number of different initiatives and programs to lift the ban. CNLA chronicles the history of Japanese barberry, the reasons behind the initial ban and what these new changes will mean to the ornamental horticulture industry.

     Approximately 40 years ago, the federal government placed a ban on Berberis vulgaris L., Berberis Canadensis Mill as well as certain species of Mahonia, prohibiting the importation into and movement within Canada to curtail the spread of Black Stem Wheat Rust (Puccinia graminis), and thus protecting the large cereal industries.

     Following that ban, resistant cereal varieties were developed as well as resistant varieties of Berberis. The United States (U.S.) developed a program that tested resistant varieties and permitted the production and sale of Berberis spp. There have been no reports of wheat rust on these tested, rust-resistant barberry varieties in the U.S. since the first commercial release of the resistant Berberis thunbergii cultivars in the early 1970s.

     Efforts were made over the years to lift the ban in Canada but failed due to concerns of the potential spread of Black Stem Wheat Rust, even though resistant varieties of both barberry and cereals were now being used regularly. Concentrated lobby efforts by the CNLA commenced in the early 90s at Agriculture Canada, then the CFIA, over a period of approximately eight years, with only slow gain. Because of CNLA’s continued work with CFIA staff, the first draft programs commenced, which would permit entry of only proven rust-resistant varieties under very specific conditions. Unfortunately, this ran into problems and progress slowed to a snail’s pace.

     CNLA then forwarded the proposed draft program to the scientific staff and consultants within the Cereal Industries, soliciting their comments. The response was very positive. Consensus was that, if only barberry varieties with clearly established documentation of rust resistance were approved, they could see no reason to continue with the ban.

     Next, the CFIA consulted all stakeholders asking for their comments. CNLA asked its provincial representatives to lobby their local agricultural departments. All regulatory agencies approved the move.

     In an effort to expedite the process, CNLA contacted Mark Schreiber of the Minnesota Department of Agriculture. The Minnesota Department of Agriculture, Agronomy and Plant Protection Division, is very active in administering the U. S. federal black stem rust quarantine and staff has experience inspecting and identifying barberry varieties. Schreiber was exceptionally helpful in providing CNLA with information on how Minnesota’s program worked and offered suggestions from his plant pest regulatory perspective. He also facilitated a Canadian government/industry task force trip to Minnesota. Once there, two growers and two CFIA representatives were given a review of the program, as well as a tour through the USDA Cereal Rust Lab where nurseries submit their barberry varieties for the two-year testing program to determine rust resistance.

     Reports from both the growers and the CFIA reps were very positive. Although there were some holes in the U.S. system, the information gained helped develop the Canadian draft program along a more streamlined manner.

     There were many CFIA staff with whom CNLA worked to bring “JB Day” closer to fruition and CNLA expresses its appreciation to each of them — Andrew Lam, Derek Oudit, Yudi Singh and Marc Faille — for their committed work. Marc Faille has handled the file for the past two years and brought all the details together to achieve the program and directive as it is today, in its final approved state.

     The draft program and draft directive were sent by CNLA to a committee of growers across Canada and comments, suggestions and revisions came back and helped develop the final product. With the last hurdles cleared, the package was forwarded to the Minister for approval, only to be withdrawn four months later as a small number of U.S. states suddenly added JB to their noxious weeds acts. While no import-related restrictions resulted from these actions, the Canadian process was delayed another six months, as it was necessary to amend the documents to include this new information and place it back in line.

     The next step, in keeping with part of the CFIA requirements was to collect photos of sample plants to show the development of the plants from birth to maturity, and to use these photos, along with detailed descriptions for manuals used in inspectors’ training. CNLA contacted Monrovia Nurseries, Bailey’s Nurseries and Spring Meadow Nurseries and requested their help in providing samples of the approved varieties. Each of them obliged without hesitation, and are sincerely thanked.

     As our members are well aware, many approval dates have been chosen over the years, only to be dashed for one reason or another. Achieving the regulatory amendments has been a process of just over 10 years with the current CNLA office, and with a large allotment of time, travel and funding.

     With the amending of the federal regulations, 11 JB varieties have been approved for import into Canada for propagation and sale. Very specific directions are within the directive and its contents should be obtained through the CFIA web site at www.inspection.ca or by contacting the local CFIA office.

However, here are some of the main points:

• Only the 11 approved resistant varieties are permitted entry, sale and propagation at the present time.
• Varieties allowed under the program have been proven resistant to Black Stem Wheat Rust.
• Import Permits must be obtained through CFIA. Conditions include proper identification and identification number which includes country of origin (U.S. only), state from which shipped, date of propagation, exporting nursery, originating nursery, etc.
• Plants imported into Canada must be held in a segregated area until inspected by CFIA.
• Once released, plants may be planted and propagated, shipped across Canada or sold at the retail level.
• A nursery that wants to propagate the plants needs to be approved by CFIA (see Directive) to control the methods of propagation.

     A method to amend the process to permit future additions to the current list without going through parliamentary approval still needs to be addressed. CNLA and CFIA will meet to work on this.

     Judging by the telephone calls CNLA has received over the past six years, lately on a continual basis of at least one per week, Japanese barberry will become an exceptional item for sale. Prior to the ban, one major grower informed the writer that the plant was the single largest selling item.

     At the time of this writing (August 29th), CFIA had not quite concluded the implementation of the program as the amendments were approved earlier than expected.

     The writer sighs a huge sigh of relief at achieving this regulatory change. It has taken countless hours working with the federal government, member growers, cereal industries, the USDA, Minnesota Department of Agriculture, Cereal Rust Lab and scientists who have since retired from the lab, but who produced and provided some detailed scientific reports that which contained valuable information. These changes have been years in the making, and having worked on this issue (and, so it seems, eaten it and slept with it, without having actually seen one), I will rest easier now. I cannot wait to get my hands on this hardy, beautiful and much demanded plant and grow a hedge in my wife's beautiful garden.