New Plant Varieties in the Commercial Register 2026: What Seed Companies and Distributors Must Do

Key data

If you commercialize seeds or plant material in Spain, this order affects you directly. The Order APA/1148/2026 incorporates into the Commercial Varieties Register new varieties of multiple agricultural species, enabling their legal sale in the Spanish market from October 31, 2026. Additionally, it protects two traditional varieties under the conservation varieties category.

Registration in the Register is the essential requirement demanded by Royal Decree 170/2011 to legally commercialize seeds in Spain. Without that registration, sales are prohibited.

What does this regulation establish?

Order APA/1148/2026 makes two types of registrations in the Commercial Varieties Register:

1. Definitive registrations of new commercial varieties

Dozens of varieties of the following agricultural species are incorporated:

2. Registrations as conservation varieties

Betanzos cabbage and Cartagena Pepper tomato are registered under the conservation varieties category. This category protects traditional or local varieties threatened with extinction, with a specific and more flexible commercialization regime than standard commercial varieties.

The practical difference is relevant: conservation varieties can be commercialized under special conditions of quantity and labeling, aimed at preserving agricultural biodiversity and local genetic heritage.

Economic and operational impact

The main impact of this order is operational and commercial, not economic in terms of new direct costs. Registration in the Register opens the door to new income for those who have obtained or developed these varieties, but also generates immediate obligations:

• Commercial catalog updates: Distributors and seed companies must incorporate the new references into their catalogs to legally offer them to their customers.
• Labeling and documentation: Commercializing registered seeds requires compliance with RD 170/2011 labeling requirements. Selling without proper documentation exposes companies to sanctions.
• Market opportunity: For breeders of these varieties, definitive registration means being able to access the Spanish market legally and immediately from October 31, 2026.
• Conservation varieties: Betanzos cabbage and Cartagena Pepper tomato open opportunities for local producers and proximity markets, with a differentiated commercialization regime.

Who does it affect?

• Plant variety breeders: Companies or researchers who have developed the registered varieties. The order enables them to commercialize them legally.
• Seed companies and seed houses: Must review whether any of the new varieties enters their product portfolio and update catalogs and documentation.
• Seed distributors: Any distributor wishing to include these varieties in their offer must verify that they are registered and comply with regulatory labeling.
• Farmers: Can legally acquire and plant these varieties from the entry into force date. In the case of conservation varieties, farmers in the areas of origin (Betanzos, Cartagena) have access to protected plant material.
• Local and proximity producers: Especially interested in conservation varieties (Betanzos cabbage, Cartagena Pepper tomato) for local and differentiated markets.

Practical example

A seed company that distributes plant material for horticulture wants to incorporate into its catalog a new pepper variety that its breeder supplier has just registered through Order APA/1148/2026.

Before October 31, 2026, that variety could not be legally commercialized in Spain. From that date, the seed company can:

1. Add the variety to its commercial catalog with the registered denomination.
2. Prepare labeling in accordance with RD 170/2011 (variety denomination, species, category, batch number, etc.).
3. Offer the product to farmers and agricultural cooperatives without risk of infringement.

If the seed company attempted to sell that pepper variety before registration, or without meeting labeling requirements, it would be committing an infraction of seed commercialization regulations.

In the case of conservation varieties, a producer in Betanzos who grows the traditional cabbage of the area can now commercialize it with the official denomination "Betanzos cabbage" and benefit from the special regime of quantities and labeling provided for this type of variety.

What should companies do now?

1. Review the full text of Order APA/1148/2026 to identify whether any of the registered varieties are part of your current or planned portfolio.
2. Update the commercial catalog incorporating the new varieties with their official registered denomination. This step is mandatory before initiating any sales.
3. Verify labeling of seed batches in accordance with RD 170/2011 requirements: variety denomination, species, seed category, batch number and responsible party data.
4. Inform the sales and logistics teams about the new available references and the documentary requirements associated with each category (standard commercial vs. conservation variety).
5. Consult with a specialist advisor in seed regulations if your company works with conservation varieties, as the commercialization regime has specific conditions regarding quantity and geographic area.

Official source

Consult complete regulation in official source

Disclaimer: 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-2026-22776