Marketing of Organic Heterogeneous Material (OHM): consultation

Organic heterogeneous material (OHM)

Definitions used in this consulation on organic heterogeneous material.

Organic: any plant reproductive material to be marketed should have been produced using methods that comply with the relevant organic regulations.

Heterogeneous: plant material (i.e. a seed lot or growing crop) that displays diverse or dissimilar characteristics within a set population.

The diversity seen within a heterogeneous population is different to that seen in a seed mix. Seed mixes are a mixture of already certified single varieties, whereas heterogeneous material should be the result of specific production techniques (which will be set out in legislation).

EU temporary experiment

In 2014 the EU introduced Commission Implementing Decision 2014/150 which set out the conditions for a temporary experiment providing for certain derogations for the marketing of populations of the plant species wheat, barley, oats, and maize. The experiment ran for seven years.

This temporary experiment recognised that seed of a heterogeneous nature could not be marketed in line with marketing directives, however there could be potential benefits of this material to organic and low input systems.

The experiment also recognised the need to develop a certification system which could ensure traceability and identification of heterogeneous populations. Consideration was given to ensuring consumer protection whilst not placing undue burden on certifying authorities or operators.

The outcomes from this experiment suggested potential production benefits for organic producers in some, but not all, heterogeneous populations trialled. These benefits included decreased susceptibility to some diseases and increased yields for some populations, when compared to single varieties. Whilst there were instances where some populations didn’t deliver anticipated benefits, there were no active or more widespread disadvantages identified.

EU Commission delegated regulation 2021/1189

EU Commission Delegated Regulation 2021/1189 concerns the production and marketing of plant reproductive material of organic heterogeneous material of particular genera or species.

The introduction of this regulation makes it legally permissible for OHM to be marketed within the EU. This provision extends to all regulated agricultural and horticultural species.

Regulation 2021/1189 has been directly applicable in the EU since 1 January 2022.

Current UK marketing regulations

Currently, OHM cannot be legally marketed in Scotland as the marketing regulations have a requirement for homogeneity of seed lots. To demonstrate homogeneity, a varietal purity test is carried out by the Official Seed Testing Station for Scotland (OSTS) or a licenced seed testing station (LSTS).

Seed being marketed in GB should also be on the GB variety list, as set out in the Seeds (National Lists of Varieties) Regulations 2001; a requirement of which is for varieties to be identified as distinct, uniform, and stable (DUS) by means of official trials. OHM cannot be assessed as uniform or stable under current methods and therefore could not be added to a variety list.