Over 100 Plant Varieties Cancelled: What Seed Companies and Farmers Must Do in 2026

Key data

Over 100 plant varieties for commercial use have lost their registration in the Commercial Varieties Register effective September 4, 2026. The Order APA/921/2026, published in the BOE on September 3, executes this mass cancellation under Articles 51 and 52 of Royal Decree 170/2011, which regulates the Commercial Varieties Register in Spain.

The impact is immediate: the marketing of seeds of varieties not registered in the Register is prohibited and may result in administrative sanctions. Seed companies with reference brands in the Spanish market—such as Driscoll's in strawberry or Pioneer and Dekalb in corn—have varieties affected by this cancellation.

What does this regulation establish?

Order APA/921/2026 provides for the cancellation of the registration of various varieties of different species in the Commercial Varieties Register, the official catalog that enables legal marketing of seeds in Spain. Without current registration in this Register, a variety cannot be sold or distributed as certified seed.

The cancellation occurs in accordance with Articles 51 and 52 of Royal Decree 170/2011, which provide for the removal of varieties when certain circumstances occur (expiration, withdrawal by the holder, failure to meet maintenance requirements, etc.).

The species affected by the cancellations include:

The complete list of cancelled varieties is found in the full text of the Order published in the BOE. To identify whether a specific variety is affected, it is essential to consult that annex directly.

Economic and operational impact

The cancellation generates three types of economic and operational risk for companies in the sector:

• Risk of sanctions for illegal marketing: selling seeds of unregistered varieties constitutes an administrative offense. Sanctions in the field of seeds and nursery plants can be significant according to applicable sectoral regulations.
• Loss of stock value: seed companies that have inventory of cancelled varieties will not be able to market it legally from September 4, 2026, which may result in direct losses depending on the volume stored.
• Impact on supply contracts: distributors and agricultural cooperatives that have supply contracts referencing cancelled varieties will need to renegotiate or replace the affected references, with the operational and commercial costs that this entails.
• Risk for farmers: those who have recently purchased seeds of these varieties must verify that the purchase was made before the cancellation and that the plant material comes from legally marketed batches.

The fact that brands with high market share such as Driscoll's (strawberry) or Pioneer and Dekalb (corn) have affected varieties indicates that the impact is not limited to marginal varieties: it may affect production lines relevant to many farms.

Who does it affect?

• Seed companies: any company that produces, imports or markets seeds of cancelled varieties must cease their sale from September 4, 2026.
• Distributors and agricultural cooperatives: those that have seeds of affected varieties in their catalog or in stock must review their inventory and supply contracts.
• Farmers and agricultural operations: especially those growing strawberry, tomato, corn, pepper, sugar beet, melon or cucumber with varieties from brands such as Driscoll's, Pioneer or Dekalb.
• Holders of rights over cancelled varieties: have the option to appeal the cancellation within the established deadlines.

Practical example

A seed company that distributes several corn varieties of the Pioneer brand in Spain receives notification on September 3, 2026, that two of its varieties are listed in the annex of Order APA/921/2026. It has in storage batches of certified seed of those two varieties valued at several thousand euros.

From September 4, 2026, it cannot market those batches. Its options are:

1. File an appeal for reconsideration to the Minister of Agriculture within 1 month from publication, if it considers that the cancellation is incorrect.
2. Go directly to administrative contentious appeal to the National Court within 2 months.
3. Accept the cancellation, stop selling those varieties and manage the stock alternatively (return to supplier, destruction, etc.).

In parallel, farmers who have already purchased seed of those varieties for the current season do not commit an offense if the purchase was legal and prior to the cancellation, but must keep the purchase documentation as support.

What should companies do now?

1. Consult the complete annex of Order APA/921/2026 in the BOE to identify whether any of the varieties you market or use is on the list of cancelled ones. Do not assume it does not affect you without verifying it.
2. Immediately stop marketing any cancelled variety from September 4, 2026. Sale after that date is illegal even if the stock was legitimate.
3. Review supply contracts and commercial catalogs to remove or replace affected references before they generate orders you cannot legally fulfill.
4. Evaluate the feasibility of appealing if you believe that the cancellation of any variety is incorrect: you have 1 month for appeal for reconsideration to the Minister or 2 months for administrative contentious appeal to the National Court.
5. Communicate to your agricultural customers (cooperatives, farmers) which varieties are no longer in the catalog and offer alternatives registered in the Register, to prevent them from placing orders for varieties you can no longer supply.
6. Keep documentation of all batches marketed before September 4, 2026, in case inspections or subsequent claims occur.

Official source

Consult complete regulation in official source

Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-18568