Plant variety renewal 2026: what seed companies and nurseries must do

Key data

If you market seeds, nursery plants or agricultural varieties in Spain, registration in the Commercial Varieties Register is not optional: it is the legal requirement that enables sales. Order APA/923/2026, published in the BOE on September 3, 2026, renews for a period of ten years the registration of numerous varieties of different species, at the request of their breeders. Without this renewal, those varieties would have been excluded from the Spanish legal market.

The legal basis is article 22 of Law 30/2006 on Seeds and Nursery Plants, which regulates the registration renewal procedure. The process is activated at the request of the breeders themselves, which means that whoever does not request renewal in time loses the right to market that variety.

What does this regulation establish?

Order APA/923/2026 provides for the renewal of registration of various varieties of different species in the Commercial Varieties Register for a period of ten years. The affected species cover a broad spectrum of the Spanish agri-food sector:

• Cereals (wheat, barley, maize and other grasses for agricultural use)
• Fruit trees (varieties of woody species for fruit production)
• Vegetables (varieties of horticultural species for production and marketing)
• Industrial plants (species with industrial or energy use)

The legal mechanism is clear: registration in the Commercial Varieties Register is the prior and essential requirement to legally market a variety in Spain. If the registration expires and is not renewed, the variety is excluded from the legal market, regardless of its agronomic or commercial value.

Renewal is processed at the request of the breeders, that is, the companies or individuals holding the rights to each variety. The administration does not renew ex officio: it is the breeder's responsibility to initiate the procedure before expiration.

Economic and operational impact

The most direct impact of this order is the legal continuity of marketing. For seed companies and nurseries with varieties included in the renewal, the effect is positive: their products remain saleable in Spain for the next ten years without the need for new registration procedures.

However, there are two operational risk scenarios worth keeping in mind:

• Varieties not included in this renewal: If a variety you market does not appear in Order APA/923/2026, it may mean that its registration has expired or that the breeder did not request renewal. In that case, marketing is illegal until the situation is regularized.
• Timeline of the new registration: The renewal grants ten years. This means that companies must plan the next renewal before the expiration of this new period to avoid interruptions in marketing.

From an operational perspective, distributors and farmers who purchase certified seed are also indirectly affected: they can only buy and plant varieties with active registration. Working with unregistered varieties exposes them to sanctions under Law 30/2006.

Who does it affect?

• Breeders: Companies or individuals holding plant varieties that must actively manage registration renewals to maintain their marketing rights.
• Seed companies: Producers and distributors of certified seed that need their varieties to be registered to operate legally in the Spanish market.
• Nurseries: Producers of nursery plants working with varieties of fruit trees or other woody species included in the register.
• Farmers: Those who purchase certified seed or plant must verify that the varieties they buy have active registration; otherwise, they may incur irregularities.
• Distributors and agricultural cooperatives: Intermediaries that market seed or plant material and must ensure that their catalog only includes varieties with active registration.

Practical example

A Spanish seed company markets a soft wheat variety that was registered in the Commercial Varieties Register nine years ago. The breeder requested renewal before expiration, and that variety is included in Order APA/923/2026. Result: the company can continue producing and selling certified seed of that variety for the next ten years without needing to process the registration again.

On the other hand, if a nursery works with an apple tree variety whose breeder did not request renewal and that variety does not appear in this order, the registration will have expired. The nursery cannot legally market plants of that variety until the breeder regularizes the situation or a new equivalent variety is registered. This may result in product withdrawal from the catalog and direct commercial losses.

What should companies do now?

1. Verify if your varieties are included in Order APA/923/2026: Check the full text in the BOE to confirm that the varieties you market have been renewed. If they do not appear, investigate the status of their registration.
2. Review your supplier catalog: If you are a distributor or cooperative, ensure that all varieties in your catalog have active registration. Remove from sale any variety with expired registration before an inspection arrives.
3. Plan the next renewal: Varieties renewed now have valid registration for ten years. Note the expiration date in your compliance calendar and activate the renewal process with sufficient notice.
4. Contact the breeder if you are a distributor: If you detect that a variety you sell has not been renewed, communicate this to the breeder holding the title so they can regularize the situation. The responsibility for renewal falls on the breeder, but the distributor also assumes risk if they market varieties without registration.
5. Consider appeal if appropriate: If you believe that a variety has been incorrectly excluded from renewal, Order APA/923/2026 allows you to file an optional reconsideration appeal to the Minister of Agriculture or directly challenge it before the National Court.

Official source

View complete regulation at 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-2026-18570