Poppy Seed production in Canada
Answered by: Conrad Richter
Question from: Kevin Rattai
Posted on: January 19, 1999
I have been doing research on Poppy Seed production in Canada
for a client and was refered to Richter's for more information and
possibly for seed.
My client is interested in growing a few acres of Poppy for Seed
production for the food services industry. The concern is the legal
aspects of growing poppy. My own knowlege suggests that
growing poppy is illegal. This information was from being from a
farm in which my parents wanted to grow poppy for seed for our
own use in bread products, etc.
Things may have changed, as this was 10 years ago, but there is
the concerns based on this past knowlege. Are there any specific
growing restrictions? Is there a need to register with local and/or
other law enforcement agencies?
Our opium poppy strains are intended for seed production. They are not
intended for the production of opium or any of the constituents or
derivatives of opium -- that would be illegal in Canada.
There is no question that possession of seeds and the sale of seeds is
legal in Canada. Canada imports thousands of tonnes of seeds for the
baking industry annually. The situation is the much the same in the
United States and in Europe. Opium poppy seeds are the "poppy seeds" used
in bagels, breads, pastries, halva, and other baked and confectionary
goods.
The reason why seeds are clearly legal is the seeds do not contain any of
the opiate compounds prohibited by federal statutes. Indeed, in order to
permit the trade of poppy seeds, seeds are specifically excluded from the
prohibition.
Now, once the seeds are planted and plant are grown, the legal status
becomes less clear. If you or client have any doubts about the legal
status of growing poppy seeds, you should consult a lawyer for legal
advice before embarking on your project. What follows below is our own
interpretation which we believe to be correct; but not being lawyers we
cannot guarantee that it will be correct, or will survive a test in court.
We have studied the situation carefully, including the relevant statutes,
and we have concluded that there is little risk for our customers.
It is important to note that, in the United States and Canada, opium poppy
seeds have been sold for planting purposes for years. Several large seed
companies in the U.S. are listing seeds, and sometimes they are even sold
in retail packets in seed racks in Canada and the United States.
The crux of our interpretation depends on whether or not there is an
attempt to harvest opium from the plants. In order to harvest opium, one
must score the immature seed heads with a knife to cause the opium latex
to exude. It is this latex that is later scraped off and sold as "opium"
or processed to produce morphine, heroin, etc.
If the scoring procedure is not done, then the opium latex cannot exude,
and as the seed heads mature to produce the seeds, the ability of the seed
heads to produce latex disappears.
So, in our interpretation, as long as the seed heads are not scored and
latex not collected, and as long as the seed heads are allowed to mature,
there is no offense. The Narcotics Control Act specifically prohibits the
opium, morphine, heroin, etc., but not the plant parts.
In addition, the strains we sell are traditionally grown in Turkey for
seed production, not opium production. It is quite likely that these
strains are low opiate varieties that are not suited for opium production.
Again, if you or your client have concerns, seek the advice of a lawyer
familar with the relevant laws. We cannot any guarantee that our
interpretation is correct.
Is there a maximum or minimum
requirements for agricultural production of poppy for seed? And
further to production and yields, what is the rate at which poppy
seed should be sowed? How many plants per acre is the
maximum efficiency and what is the average expected yield based
on plant or acreage?
The seeding rate is 3 kg/ha (equivalent to about 3 lbs/acre). We don't
have specific pH or fertilizer recommendations, except that the soil
should be well-drained. Seeds are sown in autumn or spring in production
area in the Orient; here it is unknown whether fall seeding is successful
in commercial plantings. We do not have seed yield data either.
The client is based in Manitoba and we know the conditions for
poppy seed production is good. The client wants to grow about
three acres of crop. Is there any distribution channels for the new
seed you could point me towards? Does Richters buy back new
seed? Are there restrictions of the sale of the seed once it is
cultivated?
There are no established distribution channels for Canadian grown poppy
seeds. As mentioned already, the sale of seeds is clearly legal in Canada
and there are no restrictions on how or to whom you sell poppy seeds.
Richters is not presently active in the large scale bulk spice and herbs
market, so we would not buy your client's product. However, you should be
able to identify potential buyers such as spice wholesalers and importers
who may show interest in a quality Canadian-grown product.
There is a growing history of acceptance of Canadian-grown herbs and
spices by regional buyers over the past decade or so. Caraway, coriander
and mustard are three successful crops in Canada now that buyers have come
to appreciate the quality of the Canadian product compared to traditional
imported material.
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