Agriculture, Food and Livestock Law

The matters we handle within the framework of the Soil Conservation and Land Use Law No. 5403 and the Veterinary Services, Plant Health, Food and Feed Law No. 5996:

• Transfer of agricultural land, sufficient-income parcels and inherited land
• Agricultural land leases and sharecropping relationships
• Recovery of agricultural subsidies and subsidy disputes
• Seed legislation and rights over plant varieties
• Organic farming and good agricultural practices certification
• Registration and approval procedures for food businesses
• Food labelling rules and allegations of adulteration and imitation
• Food supplements and nutrition claims
• Administrative fines arising from food inspections and annulment actions
• Veterinary services and animal health regulations
• Animal rights, cruelty to animals and the resulting criminal liability
• Establishment and operating permits of livestock enterprises
• Regulations on aquaculture and fishing
• Agricultural cooperatives and producer associations

In our work in this field, the Soil Conservation and Land Use Law No. 5403 and the Veterinary Services, Plant Health, Food and Feed Law No. 5996 are taken into account, together with the specific regulations applicable to the activity in question. We act for farmers, agricultural enterprises, food producers, restaurants, retailers, livestock facilities, cooperatives, producer associations, suppliers, importers, exporters and investors in contractual, regulatory compliance, administrative application and dispute matters.

In contract farming and agricultural purchase agreements, we address the variety, quantity and quality standard of the product, the supply of seeds, feed, pesticides, fertiliser and other inputs, sampling, analysis and objection procedures, harvest, delivery, transport and storage responsibilities, price, advances, deductions and payment schedule, extraordinary events such as disease, drought, frost and hail, and the consequences of rejection or short delivery.

In relation to agricultural land, our work covers transfers, inheritance, partition and co-ownership subject to the restrictions specific to agricultural land, as well as agricultural leases, sharecropping arrangements, non-payment of rent or crop share, termination and eviction, unauthorised planting or construction, damage to land, claims for unlawful occupation, and irrigation, well and access issues. We also advise agricultural cooperatives and producer organisations on their articles of association, general assembly and board resolutions, membership matters and directors' liability.

For food businesses, we review registration and approval status, changes to activity, address and production lines, contract manufacturing and private label relationships, supplier and distributor agreements, and the consistency between technical files and legal declarations. Product labels and packaging, website and marketplace descriptions, social media content, advertising texts and health and nutrition claims are examined in light of food, consumer, advertising and intellectual property legislation.

Our work further extends to food safety, traceability, withdrawal and recall processes, food supplements, special purpose products and feed, livestock sales and animal health matters, quarantine, culling and movement restriction decisions, agricultural subsidies, grants and project finance, agricultural insurance claims, and remedies against administrative fines, suspension of activities and other administrative sanctions.

Among the disputes most frequently encountered are those arising from contract farming, where the buyer refuses to accept the product at harvest or seeks to reduce the price unilaterally on the basis of quality, or where the producer is alleged not to have followed technical instructions or the delivery schedule. Where the quality dispute rests solely on the buyer's own laboratory or unilateral assessment, the producer may be left in a weak evidentiary position.

In food businesses, disputes frequently follow inspections, sampling and non-conforming analysis results. Whether the sample was taken from the correct batch, whether the quantity was sufficient, the sealing and transport conditions, the method of analysis and the authorisation of the laboratory must be examined. Labelling claims such as natural, organic, additive-free or sugar-free, and promotion suggesting that a product prevents or treats disease, are also common sources of administrative sanctions and consumer disputes.

Disputes concerning agricultural land often involve the actual use of the land, the sharing of crop income, the existence of a lease or sharecropping relationship, and disagreements between co-owners and heirs. Where there is no written contract, bank transactions, crop delivery records, invoices, subsidy applications, witness statements and the duration of actual use become important.

In livestock matters, claims that an animal was diseased, died shortly after delivery, showed low yield or lacked breeding quality frequently arise, and the animal's health at the time of delivery and the source of the disease often require technical examination. Decisions requiring the repayment of agricultural subsidies on grounds such as missing documents, ineligible expenditure, transfer of the investment or a change in capacity, and disputes over insurance coverage and loss assessment, are also regularly encountered.

The initial review considers not only the final stage of the dispute but the production and trading process as a whole. Contracts, inspection reports, analysis reports, notifications, invoices, production records, labels, advertising content and technical reports are placed in chronological order, and critical application and litigation periods are identified.

Administrative, commercial and criminal risks are then separated, missing evidence and the need for technical examination are identified, and products, records or samples requiring urgent preservation are determined. Where technical expertise is required, the opinions prepared by agricultural engineers, food engineers, veterinarians, laboratories or financial advisers are aligned with the legal file.

The route of application depends on the type of act. Where no different provision exists in a special law, an application against an administrative fine or a decision of confiscation may be made to the criminal judgeship of peace within fifteen days of notification, whereas for acts such as suspension of activities, cancellation of a certificate or product recall, the competent branch of jurisdiction and the period for bringing an action must be determined separately.

For civil disputes arising from agricultural production contracts, recourse to mediation before bringing an action is a precondition to litigation, and the mediation process, contractual provisions and technical evidence are therefore addressed together. Application, negotiation, mediation and litigation options are assessed together with their economic consequences.

Where the same incident may also give rise to consumer compensation, commercial recourse, trademark and advertising disputes or criminal investigation, these consequences are considered alongside the administrative proceedings. The client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.