The Federal Court of Appeal has dismissed a bid by the Prince Edward Island Potato Board to overturn a 2021 decision by the federal agriculture minister to declare the entire province as “a place infested with potato wart,” according to a report by The Canadian Press.
That order prohibited the export of seed potatoes from the Island to prevent the spread of the soil-borne fungus, which deforms potatoes and makes them impossible to sell.
The board had argued in Federal Court that the decision was unreasonable because there was insufficient evidence to establish that P.E.I. was infested with the fungus. the Appeal Court dismissed the board’s appeal, saying the lower court had selected the correct reasonableness standard to review the minister’s order.
As well, it found the lower court was correct in accepting the minister’s view that the province was “infested” because the department had detected potato wart on 35 occasions in P.E.I.’s three counties since 2000.
National Potato Council CEO Kam Quarles says this ruling validates the NPC view that this is a disease issue and not a trade war with Canada, according to a report published by the Red River Farm Network.
“The growers on Prince Edward Island had apparently sued their own federal government for taking actions to try to mitigate the disease,” said Quarles.
“The court basically confirmed exactly what we have been saying, it’s a phytosanitary issue and it’s a disease issue. It’s a terrible disease to get in potatoes and you don’t want it spreading throughout Canada or into the United States.”
The potato industry continues to wait for the Canadian Government to finalize its potato wart mitigation plan updates.
Source: The Canadian Press
Source: Red River Farm Network
Image: Bags of Prince Edward Island potatoes are unloaded from a transport truck in Ottawa on December 8, 2021. Credit The Canadian Press/Adrian Wyld
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