Non-organic seed derogations – application instructions

The European Council Regulation (EEC) No. 2092/91 states that organic seeds must be used where available. However, it also allows non-organic seed to be used where no suitable/appropriate organic alternative is available.

The European Commission Regulation (EC) No. 1452/2003, published in August 2003, does not, as of 1 January 2004, allow treated seeds to be used. There are also no grounds for a derogation to use non-organic seed on the grounds of seed quality if the variety a user wants to use is registered in the database.

Please take note of the above when you are applying for a derogation to use non-organic seed. OF&G will need the reason(s) for wanting to use non-organic seed before any purchases. Failure to do this may lead to the status of the crop being lost.

Where grass and forage mixes are used containing 60%** or more organic seed, details of the non-organic seed within the mix can be submitted to OF&G after purchase. However a derogation must be obtained prior to your next inspection.

Getting Approval

1. First check the availability of organic seeds on the UK organic seed database at www.organicXseeds.co.uk

If web access is not available then availability can be checked by calling the OF&G certification office.

2. Single seed varieties: If the variety that you require is not available as organic seed, and alternative varieties of the same crop are not suitable, the certification office will consider your request to use non-organic seed. The justification must be from the following list:

(a) No variety of the species which I want to use are registered in the UK organic seed database.

(b) The seed supplier is unable to deliver the seed or seed potatoes before sowing or planting despite ordering the seed or seed potatoes in reasonable time.

(c) The variety which I want to use is not registered in the database and I can demonstrate that none of the registered alternatives of the same species are appropriate for my production (you will need to indicate the reason they are not appropriate).

(d1) For research purposes. (d2) To test in small-scale field trials. (d3) For variety conservation purposes.

(e) The seed is part of a grass or forage mix containing at least 60%** organic seeds.

3. Seed mixes: At least 60%** (by weight) of grass and forage seed mixes must be organic.

Producers using a mix containing at least 60%** organic seed will not need to apply for approval prior to purchase. However a derogation must be obtained prior to your next inspection.

Producers requesting approval to use a grass or forage seed mix containing less than 60%** organic seed will need approval prior to purchase. Justification will be required for the nonorganic varieties used.

4. Potatoes: Seed potatoes must be sourced organically. Approval for non-organic varieties may be given in exceptional circumstances. Please contact OF&G to discuss the requirements. Applications will need to be made in writing.

5. Please complete the form (below, from the OF&G Control Manual) accurately as incomplete forms cannot be processed.

** Please be aware that the 50% requirement for 2004 has increased to 60% for 2005 and 2006.