Plant Varieties and Seeds Framework for Precision Bred Plant Varieties

The Genetic Technology (Precision Breeding) Act 2023 (“the Precision Breeding Act”) received Royal Assent on 23 March 2023. Precision breeding technologies are modern tools for plant breeding that can develop new beneficial traits more efficiently and precisely than traditional breeding.

The Act establishes a new class of regulated products: Precision Bred Organisms. These include plants that contain genetic changes made by modern biotechnology, which could also have arisen by traditional breeding processes. The Act provides powers to amend legislation that applies to the use of Genetically Modified Organisms (GMOs) in England, and to enable precision bred plants to be regulated differently from GMOs.

Precision Breeding and Plant Varieties and Seeds

The policy area of Plant Varieties and Seeds (PVS) covers Plant Breeders’ Rights (intellectual property rights of plant breeders), plant variety registration (variety listing), setting standards for marketing and certification of seed and other plant propagating material, and ensuring that these standards are upheld.

For the main agricultural and vegetable plant varieties, including amenity grasses, a variety must be registered on the Great Britain (GB), or Northern Ireland (NI) variety lists before seed can be marketed. This is governed by the Seeds (National Lists of Varieties) Regulations 2001 for the GB Variety List, and the Seeds (Variety List) Regulations (Northern Ireland) 2020 for the NI Variety List. To implement the Precision Breeding Act, a new framework for evaluating and registering precision bred agricultural and vegetable plant varieties in England is required. As part of this framework a Precision Bred Plant Variety List for England is proposed in addition to the existing variety lists to facilitate the marketing of seed of precision bred plant varieties. We are proposing to create new secondary legislation for a Precision Bred Plant Variety List for England using powers in the Plant Varieties and Seeds Act 1964, and if appropriate, powers in the Precision Breeding Act.

We want to ensure that there is accessible information on precision bred plant varieties available to those that require it, for example, farmers who wish to grow non-precision bred varieties only. We are exploring a variety of methods and tools to communicate information on the precision bred status of plant varieties that do not require legislative changes, such as industry-led precision breeding plant variety registers, existing industry lists of recommended varieties, and the official Plant Varieties and Seeds Gazette. We are also interested in exploring the mandatory inclusion of precision bred status in labels for precision bred seed and other plant reproductive material and understanding what impact this would have on businesses.

The purpose of a public consultation

This consultation continues the collaborative approach Defra has taken on precision breeding and follows the previous consultation on the regulation of genetic technologies undertaken in 2021.

The purpose of this consultation is to gather feedback on the proposed Precision Bred Variety List for England. We want to understand how the variety listing of precision bred agricultural and vegetable plant varieties in England will impact businesses. The consultation also seeks to understand how information on precision bred plant varieties should be made available to those that require it, and what impact the mandatory inclusion of precision bred status in labels for precision bred seed and other plant reproductive material would have on businesses. The consultation fulfils a statutory requirement. Section 16 of the Plant Varieties and Seeds Act 1964 contains a requirement for the Secretary of State to consult when making legislation using that power.

This consultation will be of most interest to: 

• the plant breeding industry 
• seed merchants and processors
• growers and farmers 
• research institutes 
• membership bodies and other organisations representing plant breeders and growers.

Outcomes of the public consultation

This consultation is an opportunity for a wide range of views to be gathered. The responses we receive will inform the proposed Precision Bred Plant Variety List for England and its implementation, future decisions on how information on precision bred plant varieties can be made available to those that require it, and the mandatory inclusion of precision bred status in labels for precision bred seed and other plant reproductive material.

In accordance with standard principles, we intend to publish a response to the consultation. We will continue to engage with stakeholders once the consultation has closed.