Legislation and policies that should protect the seeds and grains we grow
The Seed Marketing Regulations 2011 is a key piece of legislation.
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In the UK, seed legislation ensures seed quality and protects plant breeders' rights, requiring certification, registration, and adherence to standards for marketing seeds of agricultural crops. ​​​
However..​.
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All of this legislation is based upon single varieties, that qualify as being distinct, uniform and stable or "DUS". In addition, for a new variety to be included in the varieties list, it is necessary to also have Value for Cultivation and Use or"VCU".
The criteria within agricultural crops like wheat, tends to focus heavily upon yield.
Population or Heterogeneous crops like a Population Wheat or a Population Oat have a very diverse genetic make up. They are designed to evolve to particular environemtal conditions in the same way that Landace varieties behave. So, by design, they are not uniform and they are not stable in their genetic make up, thereby, failing to meet the DUS criteria.
To address this, secondary legislation was introduced to allow for a "Commercial Experiment" which allowed the cultivation of Population crops and for seed to be marketed between those participating in the experiment. The current piece of legislation covering this in the UK is The Seed Marketing (Heterogeneous Material) (Temporary Experiment) (England) Regulations 2023. This is a time-limited piece of legislation that runs for 7 years.
Key requirements for marketing seed
Certification
Seed must be certified to meet minimum standards for varietal purity, health, and germination.
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Registration
Seed varieties must be officially registered before being added to a Variety List.
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Licensing
Businesses involved in marketing seeds must have a license.
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Packaging and Sealing
Seed must be supplied in sealed packages by a licensed person.
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Labelling
Packages must be properly labelled, usually by a licensed seed sampler.
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Variety List
The variety must be on the GB or NI Variety List.
Farm Saved Seed (FSS)
Only the farmer who grew the seed can use it.
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FSS cannot be marketed or supplied to any other person.
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Farmer-to-farmer sales of FSS would constitute an offence under the Regulations.​
