UK clarifies small farmer rule for farm-saved seed
If you save seed from your own harvest, a small line in UK law just got clearer. Ministers have signed off the Plant Varieties Act (Amendment) Regulations 2026 to tidy up how the ‘small farmer’ rule works for farm‑saved seed. It’s a technical fix, but it answers a practical question farmers have asked for years: do you assess small‑farmer status per variety, or across everything you grow? According to Defra’s notice, this instrument was made using powers in the Retained EU Law (Revocation and Reform) Act 2023 to remove ambiguity, not to change policy. (gov.uk)
Here’s the change in one sentence: section 9(10)(b) of the Plant Varieties Act 1997 now uses the plural. The words “variety” and “that variety” have been replaced with “varieties” and “those varieties”. It’s a neat edit with a clear purpose-closing off a reading that treated the small‑farmer exemption on a per‑variety basis. The text of the sifted draft shows the exact substitutions. (assets.publishing.service.gov.uk)
Why it matters to you: Defra’s Explanatory Memorandum says the previous drafting could have allowed a farmer to claim the exemption for multiple varieties separately, effectively expanding the amount of protected seed that could be replanted before any payment was due. The clarification means your small‑farmer status is judged across the protected varieties you save and sow, taken together. The underlying benchmark stays the same: the UK applies the long‑standing test equating to land sufficient to produce up to 92 tonnes of cereals, aggregated across the protected varieties you plant as farm‑saved seed. (assets.publishing.service.gov.uk)
What doesn’t change: plant breeders’ rights still apply, and most growers who use farm‑saved seed of protected varieties must declare use and pay equitable remuneration to the variety holder via recognised collection routes. If you are a small farmer under the definition above, you remain exempt from that payment. Guidance on declaring farm‑saved seed and which species are in scope is unchanged and set out on GOV.UK. The policy intent is explicitly “no change”; this instrument is about clarity. (gov.uk)
Who’s affected: growers who save seed from protected varieties, and the breeders who invest in new ones. Clearer drafting supports fair payment from eligible users and protects the small‑farmer exemption where it genuinely applies, which Defra argues sustains continued investment in UK breeding for yield, resilience and quality. The department also says no significant impact is expected because the amendment restates, rather than reshapes, the rule. (assets.publishing.service.gov.uk)
Where it applies: the amendment extends UK‑wide-England, Wales, Scotland and Northern Ireland-and the devolved governments were consulted. In Wales, ministers signalled consent so the UK Government could legislate on a consistent basis across the four nations. That matters for farmers operating across borders within a single business. (assets.publishing.service.gov.uk)
When it starts: the regulations take effect 21 days after the day they were made, placing commencement in mid‑March 2026. The instrument moved through the proposed negative ‘sifting’ stage in January and early February before proceeding under the negative procedure without debate, which is typical for technical clean‑ups like this. If you need the formal wording, it’s in regulation 1(2) of the instrument. (assets.publishing.service.gov.uk)
What you should do next: check your records against the definition as an across‑varieties test, not a per‑variety one. Keep seed‑lot and area notes up to date, and if you’re close to the threshold, ask your processor or the BSPB collection scheme for help so your declaration is accurate. If you’re clearly within the small‑farmer limit, nothing new is required-just continue following the existing farm‑saved seed guidance. (gov.uk)