Defra has confirmed a technical amendment to the Plant Varieties Act 1997 to clarify how the ‘small farmer’ exemption applies to farm‑saved seed. The Plant Varieties Act (Amendment) Regulations 2026 were laid under the Retained EU Law (Revocation and Reform) Act 2023 using the negative procedure, with scrutiny completed by the sifting committees. The instrument extends across the UK. (gov.uk)
Substantively, the change is precise: section 9(10)(b) of the 1997 Act now refers to “varieties” rather than “variety”, ensuring the exemption is assessed on the cumulative basis intended by policymakers. The drafting closes off readings that could apply the threshold per individual variety rather than across all relevant varieties. (assets.publishing.service.gov.uk)
Defra’s Explanatory Memorandum states that the UK applies the ‘small farmer’ definition so that, for specified arable crops (excluding seed potatoes), the total area on which protected varieties are grown from farm‑saved seed must be no larger than the area needed to produce up to 92 tonnes of cereals per harvest. The amendment removes ambiguity and preserves that policy position. (assets.publishing.service.gov.uk)
The Department is clear this is not a policy change. The purpose is to maintain the pre‑existing approach after EU exit and to provide legal certainty so that breeders continue to receive equitable remuneration from farmers who are above the threshold. No impact assessment was prepared because no material change in farming practice is expected. (assets.publishing.service.gov.uk)
Farm‑saved seed remains permitted on a farmer’s own holding for the species and groups listed in the 1998 specification order, with payment due to rights holders unless the farmer qualifies as ‘small’. The change does not alter the list of species or the operation of the underlying exemption in section 9. (assets.publishing.service.gov.uk)
Compliance expectations are unchanged. Farmers must continue to declare all use of farm‑saved seed to the British Society of Plant Breeders (BSPB), which collects payments on behalf of rights holders. Government guidance confirms the declaration duty applies whether the seed is processed or sown straight from the barn. (gov.uk)
Small farmers are exempt from payment but still need to inform the rights holder that they meet the exemption. Defra has previously pointed to regulation 3(2)(a) of the Plant Breeders’ Rights (Farm Saved Seed) (Specified Information) Regulations 1998, which requires a small farmer to notify the rights holder for the exemption to be applied. (questions-statements.parliament.uk)
Procedurally, the measure is made under section 14(2) of the REUL Act as an amendment to secondary assimilated law. The Secondary Legislation Scrutiny Committee agreed the instrument should proceed by negative procedure; the devolved governments were consulted and consented. (assets.publishing.service.gov.uk)
For practitioners, the operative effect is straightforward: assess the small‑farmer threshold across all protected varieties of the relevant species grown from farm‑saved seed on the holding, rather than testing each variety in isolation. This aligns statutory wording with Defra’s stated policy intent and reduces interpretive risk in enforcement and royalty collection. (assets.publishing.service.gov.uk)