The rules on seeds or other plant reproductive material used in plant production hold an important place in organic plant production. When operators plan to use seeds or other reproductive material, it is of critical importance that the relevant Regulation rules are well understood and that the necessary information is submitted to the control body before sowing/planting.

Even if seeds and other reproductive material are organic or in-conversion, operators must submit information on this to the control body prior to each production season. It is important that operators take into account the information/announcements provided to them by the control body in this regard; otherwise, non-compliances may occur in their certification.

Records of seeds obtained from operators’ previous organic plant productions, as well as documents and records proving the quality of seeds and reproductive material purchased from other operators in organic or in-conversion quality, are of particular importance. Seeds and other reproductive material claimed to be organic but found in unlabelled, open sacks or packages, with unknown origin, should not be relied upon.

Important: Please remember that the rules on seeds and other reproductive material apply not only to the main product being traded, but also to products sown for crop rotation and/or green manuring purposes, and that the use of conventional seedlings in annual crops is not permitted.

 In the Turkish Regulation on the Principles and Implementation of Organic Farming, published in the Official Gazette No. 27676, the rules on sowing and planting in organic plant production are explained in Article 10. Accordingly:

1. a) Characteristics of organic reproductive materials shall be as follows:

1. Seed: It shall not be genetically modified, no external intervention shall have been made to the DNA sequence in the fertilised cell nucleus, it shall not have been treated with synthetic pesticides, radiation or microwaves, and it shall be of biological nature and produced in accordance with the provisions of this Regulation.
2. Seedling: It shall be obtained from organic seed or mother plant and produced in accordance with the provisions of this Regulation.
3. Sapling and rootstock: They shall be obtained from organic materials and produced in accordance with the provisions of this Regulation.

1. b) Apart from the production of seeds and vegetative reproductive material, the seeds and reproductive materials to be used in organic plant production shall be produced by the organic farming method. For this purpose, if the material to be used is seed, the mother plant, and if the material is reproductive material, the parent plant, must have been produced in accordance with the provisions of this Regulation for at least one generation, and in the case of perennial plants, for two production seasons.
2. c) In the absence of organic seeds and vegetative reproductive material on the market, the use of non-organic seeds and vegetative reproductive material, except for seedlings, which cannot be obtained by the organic production method, is permitted under the following conditions:

1. Priority is given to the use of seeds or vegetative reproductive material obtained from a production unit in conversion to organic farming.
2. Where it is not possible to obtain seed or vegetative propagating material from an organic or in-conversion production unit, the use of conventional seed or vegetative reproductive material is permitted.
3. In areas where conventional seed or seed potato is to be used, if there is no chemical treatment obligation imposed by the State for plant quarantine purposes, conventional seed or seed potato that has not been treated with plant protection products, other than those listed in Annex-2 of this Regulation, shall be used.
4. Authorisations shall be granted before the sowing of the product.
5. Authorisations shall be granted only once and for one season. The quantities of authorised seed and seed potatoes shall be recorded by the authorised body granting the authorisation.
6. The operator shall document that organic seed or seed potato is not available in sufficient quantities within the country.

ç) Genetically modified reproductive materials shall not be used in organic farming.

Each of the rules set out here is important; in particular, please always keep in mind the following:

• The use of non-organic seedlings is prohibited.
• In the absence of organic seed and vegetative reproductive material on the market, the use of conventional seed or vegetative reproductive material is permitted, provided that they have not been treated with plant protection products other than those listed in Annex-2 of the Regulation (i.e. they are untreated) and it is documented that they are not available in sufficient quantities within the country.
• The control body must be applied to before sowing/planting, and the information and documents requested by the control body must be submitted before sowing/planting.
• The authorisation is issued by the control body only once and for one season.

In line with the objectives of Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and the labelling of organic products, the general aims of organic production include:

• contributing to a high level of biodiversity,
• contributing to the development of the supply of plant genetic material adapted to the specific needs and objectives of organic agriculture.

Within the scope of Regulation (EU) 2018/848, with regard to plant reproductive material, organic production is based in particular on the following specific principles:

• The restriction of the use of external inputs;
• Maintenance of plant health by preventive measures, in particular the choice of appropriate species, varieties or heterogeneous material resistant to pests and diseases;
• The use of seeds with a high degree of genetic diversity, disease resistance and longevity;
• The use of organic plant reproductive material, such as plant reproductive material of organic heterogeneous material and of organic varieties suitable for organic production;
• Farmers can use plant reproductive materials from their own farms to promote genetic resources adapted to the specific conditions of organic production.

The derogations arising from the use of organic plant reproductive material provided for in points 1.8.5 and 1.8.6 of Part I of Annex II to Regulation (EU) 2018/848 shall expire on 31 December 2036.

In accordance with Article 1.8 of Part I of Annex II to Regulation (EU) 2018/848:

• In the production of plant products, only organic plant reproductive material shall be used.
• To obtain organic plant reproductive material to be used for the production of products other than plant reproductive material, the mother plant and, where relevant, other plants intended for plant reproductive material production shall have been produced in accordance with (EU)2018/848 for at least one generation, or, in the case of perennial crops, for at least one generation during two growing seasons.
• When choosing organic plant reproductive material, operators shall give preference to organic plant reproductive material suitable for organic agriculture.
• For the production of organic varieties suitable for organic production, the organic breeding activities shall be conducted under organic conditions and shall focus on enhancement of genetic diversity, reliance on natural reproductive ability, as well as agronomic performance, disease resistance and adaptation to diverse local soil and climate conditions.
• All multiplication practices except meristem culture shall be carried out under certified organic management.
• Where organic or in-conversion plant reproductive material is not available in sufficient quality or quantity in the territory of the third country in which the operator is located, under certain conditions the control body shall authorise operators in third countries to use non-organic plant reproductive material in an organic production unit (see 1.8.5.). These conditions include:
  • Non-organic plant reproductive material shall not be treated after harvest with plant protection products other than those permitted for use in plant reproductive material under Regulation (EU) 2018/848, unless such treatment has been made compulsory by the competent authorities.
  • The authorisation to use non-organic plant reproductive material shall be obtained before the sowing or planting of the crop.
  • Authorisation to use non-organic plant reproductive material shall be granted to individual users for one season only at a time, and the control body shall list the quantities of authorised plant reproductive material in the respective authorisation document.
  • Non-organic plant reproductive material shall not be authorised in the case of seedlings of species with a cultivation cycle completed in one growing season, from the transplantation of the seedling to the first harvest of product (e.g. tomato seedlings).

Commission Delegated Regulation (EU) 2021/1698 of 13 July 2021 supplementing Regulation (EU) 2018/848 of the European Parliament and of the Council with procedural requirements for the recognition of control authorities and control bodies that are competent to carry out controls on operators and groups of operators certified organic and on organic products in third countries and with rules on their supervision and the controls and other actions to be performed by those control authorities and control bodies, provides in Article 25 that, before granting authorisation for the use of non-organic plant reproductive material, the control body shall assess the information received from the operator and shall draw up a justification for each derogation granted.

Pursuant to Article 1.12 of Part I of Annex II to Regulation (EU) 2018/848:

In particular, operators shall keep records of any other external input used on each parcel and, where applicable, keep available documentary evidence on any derogation from production rules obtained in accordance with point 1.8.5.

Where a situation qualified as a catastrophic circumstance occurs in the area where an individual operator producing plant products or a member of a group operator is located, and the use of organic or in-conversion plant reproductive material is not possible, non-organic plant reproductive material may be used. Please refer to our related notice for further details.

In Article 2(1) of Regulation (EU) 2018/848, unlike the previous regulation, live or unprocessed agricultural products, including seeds and other plant reproductive material, are explicitly included. Accordingly, Product Category A has also been updated, again differing from the previous version, as: “unprocessed plants and plant products, including seeds and other plant reproductive material.”

In connection with this, point 1.8.6 of Part I of Annex II to Regulation (EU) 2018/848 sets out the conditions under which operators producing plant reproductive material may be authorised to use non-organic plant reproductive material.

The United States Department of Agriculture National Organic Program (USDA-NOP) sets out its rules on seeds and plant reproductive materials in § 205.204. In addition, valuable information on this subject is provided in NOP Guidance Document 5029 and Policy Memo 18-2, which should be read in conjunction with § 205.204.

A list of all production materials such as seeds, seedlings and saplings, as well as the reasons why they cannot be procured in NOP organic quality, must be presented in the Organic System Plan (OSP).

To demonstrate that adequate efforts have been made to source organic production materials of NOP quality, the operator must provide evidence that such materials are not available in NOP organic quality (e.g. letters from three or more companies) and documents showing that the materials are untreated.