Certified hemp seeds: what they are and what requirements they meet

In the industrial hemp sector, having certified hemp seeds makes it possible to verify aspects such as varietal identity, batch quality and traceability within the official seed production and marketing system.

In this article, we explain what it means for a seed to be certified, the legal context in Spain and what documentation should be checked before purchasing a batch intended for cultivation. To learn more about our activity and working philosophy, you can visit the main page of Iberohemp.

Legal context of certified hemp seeds in Spain

The marketing of Cannabis sativa L. seeds intended for certain agricultural uses is regulated by Spanish legislation and by European Union provisions applicable in Spain.

One of the main references is Directive 2002/57/EC on the marketing of seed of oil and fibre plants. This regulation expressly includes Cannabis sativa L. and establishes, with the legally provided exceptions, that its seeds may only be marketed when they have been officially certified as basic seed or certified seed.

In Spain, this regime is implemented, among other provisions, through Order ARM/3371/2010, approving the Technical Regulation for the Control and Certification of Oil and Fibre Plant Seeds, and through Law 30/2006, of 26 July, on seeds, nursery plants and plant genetic resources.

Spanish legislation establishes an official system for seed production, control and certification and regulates aspects related to the varieties that may be produced and marketed, seed categories, their quality requirements and the corresponding controls.

Furthermore, within the agricultural regime applicable to hemp, varieties registered in the Common Catalogue of Varieties of Agricultural Plant Species and the 0.3% THC threshold established for certain cases are particularly relevant.

Therefore, it is important to distinguish between two concepts: seed batch certification and the THC content associated with the cultivated hemp variety are not exactly the same thing.

What it means for a hemp seed to be certified

A certified seed forms part of an official control system designed to verify that the material meets the requirements established for its category.

Spanish legislation defines the certification of seeds and nursery plants as the set of control operations carried out officially and in a documented manner to verify that the production of a specific plant material complies with the corresponding legal requirements.

In the case of hemp seeds, the regulations include requirements relating to aspects such as:

• Varietal identity and purity.
• Germination.
• Analytical purity of the seed.
• Presence of seeds of other species.
• Identification and traceability of the batch.
• Official seed category.

Directive 2002/57/EC establishes specific requirements for Cannabis sativa L.. These include a minimum germination rate of 75% and a minimum analytical purity of 98%, in addition to other conditions relating to the presence of seeds of different species.

This makes it possible to distinguish certified seed from plant material whose origin, varietal identity or production conditions cannot be documented.

Hemp seed certification process

Certification does not simply consist of carrying out a one-off laboratory analysis.

It forms part of an official system of production, inspection, control and sealing that may include inspections of crops intended for seed production and subsequent checks on the batches obtained.

In Spain, Law 30/2006 establishes that the production and sealing process for seeds and nursery plants is subject to official control to determine whether the plant material complies with the requirements corresponding to its category.

This official control is carried out directly by the autonomous communities or under their supervision, in accordance with the conditions established by current regulations.

The specific procedure may vary depending on the seed category and the applicable technical regulations, but its purpose is to verify that the batch meets the required conditions before being marketed as certified seed.

Documentation that should be checked

When purchasing certified hemp seeds, it is advisable to check the official information accompanying the batch.

Relevant information may include:

• Species and variety name.
• Seed category.
• Batch number or identification.
• Official certification information.
• Declared quantity or weight.
• Supplier or person responsible for marketing.
• Documentation allowing its traceability to be verified.

Where the corresponding hemp cultivation regime applies, it is also necessary to check the status of the variety in the corresponding registers or catalogues and the specific requirements associated with that cultivation.

Is the THC content of the seed itself analysed?

This point requires an important clarification.

It should not be interpreted that a certified seed necessarily contains less than 0.3% THC as a result of an analysis carried out on the seed itself.

The 0.3% THC percentage used in agricultural regulations refers to the Cannabis sativa L. variety within the regulated cases and does not constitute a general analytical certification parameter for each individual seed.

Therefore, expressions such as “seeds with 0.3% THC” should be avoided when what is actually intended is to describe a variety that meets the requirements established within the corresponding agricultural regime.

Organisations and authorities related to certification in Spain

Official seed certification forms part of a regulated administrative system.

In Spain, official control services and the competent authorities for seeds are involved within the framework established by national and regional legislation.

Law 30/2006 establishes that official control may be carried out directly by the autonomous communities or under their supervision.

The Ministry of Agriculture, Fisheries and Food also performs functions related to the Register of Commercial Varieties, technical regulations and the coordination of certain aspects of the seed and nursery plant system.

Organisations and entities specialising in seed analysis may develop technical methods and standards, but they should not be confused with the administrative authorities responsible for the official certification system in Spain.

Likewise, official seed certification does not depend on having an ISO 9001 certification, as these are different systems.

How to identify certified hemp seeds

To correctly identify a certified batch, the main criterion should be official documentation and labelling, not merely the appearance of the seed.

Visual characteristics such as colour, shine or uniformity may be related to the physical condition of the material, but they do not prove that a batch is officially certified.

Certification must be verifiable through the identification and documentation accompanying the batch.

Labelling and official information

Certified seeds must be marketed in accordance with the labelling, sealing and identification requirements established by the applicable regulations.

The information accompanying the batch makes it possible to identify aspects such as its variety, category and reference.

For this reason, it is not necessary to look for a supposed seal called “EU Variety”, nor an ISO 9001 symbol as proof of seed certification.

What matters is verifying that the material has been certified in accordance with the corresponding official system and that the batch is clearly identified.

A QR code may be used voluntarily to provide additional information, but it does not in itself replace official certification.

Purity, germination and other technical requirements

Certification regulations include specific requirements relating to seed characteristics.

In the case of Cannabis sativa L., Directive 2002/57/EC establishes a minimum germination rate of 75% and a minimum analytical purity of 98%, as well as certain limits relating to the presence of seeds of other species.

These parameters are different from analyses that may be carried out on a cultivated plant to determine its cannabinoid content.

Therefore, it is also incorrect to state that a standard seed certification report must necessarily include CBD, heavy metals and pesticides.

Additional analyses may be carried out by certain operators, but they should not be confused with the requirements of the official seed certification system.

Certified hemp varieties and agricultural applications

The varieties of Cannabis sativa L. used in agriculture may have different characteristics depending on their genetics and the purpose for which they have been selected.

Before choosing a variety, it is important to check its registration status, the available agronomic characteristics and its suitability for the intended use.

Factors such as cycle length, plant height, biomass production, fibre characteristics, adaptation to certain growing conditions or seed production can vary considerably between varieties.

Varieties intended for fibre

There are varieties selected mainly for fibre production, characterised by certain agronomic properties related to the stem and crop yield.

Hemp fibre can subsequently be used for different industrial purposes, including textile materials, paper, construction components and other technical products.

The choice of a variety should be made taking into account the declared agronomic characteristics, growing conditions and intended industrial use.

Varieties intended for grain and seed

Other varieties are selected mainly for their production of hemp seed or grain.

In these cases, characteristics such as crop cycle, productivity, uniformity and harvesting conditions become particularly relevant.

Again, the chosen variety must be compatible with the intended use and the applicable regulatory conditions.

Hemp in crop rotations

Hemp can also be incorporated into certain crop rotation systems.

Its suitability will depend on factors such as soil type, climate, water availability, the preceding and following crops and the overall management system of the farm.

Therefore, it is preferable to avoid general statements claiming that any hemp variety automatically “regenerates” the soil or always requires few resources.

Agronomic performance depends on the specific growing conditions and the variety used.

What to check before buying certified hemp seeds

When purchasing seeds intended for professional cultivation, it is advisable to use operators capable of providing verifiable documentation regarding the batch and its certification.

Before making a purchase, it is advisable to check:

• The exact name of the variety.
• Its inclusion in the relevant registers or catalogues where required.
• The seed category.
• The official batch identification.
• Labelling and certification documentation.
• The origin and traceability of the material.
• The suitability of the variety for the intended agricultural use.

It is also advisable to retain the labels, invoices and documentation associated with the batch, particularly where it may later be necessary to prove the origin of the seeds used in cultivation.

Certified seeds and the 0.3% THC limit

One of the points that causes the most confusion is the relationship between certified seeds and the 0.3% THC threshold.

Within the agricultural regime applicable to hemp, the 0.3% percentage constitutes a relevant reference for certain varieties and regulated cases.

In addition, the regulations establish requirements relating to the use of certified seeds and varieties registered in the relevant catalogues in certain contexts.

This does not mean that:

• Every certified seed contains 0.3% THC.
• THC analysis is necessarily carried out on the seed itself.
• Certification permits any subsequent use of the plant.
• 0.3% constitutes a general authorisation for any hemp-derived product.

Seed certification and the regulation of derived products must be analysed separately and in accordance with the specific regulations governing each activity.

Steps for selecting certified hemp seeds

Before choosing a batch, a basic check can be carried out:

• Identify the agricultural purpose of the crop, such as fibre or seed production.
• Check the variety and its registration status.
• Review the category and official certification of the batch.
• Examine the label and batch number.
• Check the agronomic characteristics of the variety.
• Retain purchase and traceability documentation.
• Check the administrative requirements applicable to the specific crop.

These checks provide more robust information before sowing and reduce the risk of working with material whose origin or varietal identity cannot be verified.

Certified hemp seeds: key aspects

Certified hemp seeds form part of an official system designed to control aspects related to their identity, quality and traceability.

Cannabis sativa L. is included in Directive 2002/57/EC on the marketing of seed of oil and fibre plants, while Spain has specific control and certification provisions, including Law 30/2006 and Order ARM/3371/2010.

In addition, within the agricultural regime applicable to hemp, it is necessary to take into account the registration status of the variety, the use of certified seeds where required and the 0.3% THC limit established for certain cases.

For this reason, before purchasing seeds for professional cultivation, it is essential to verify the variety, category, batch, official labelling and available traceability documentation.