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Act on Strengthening Organisations and Supply Chains in the Agriculture Sector.

Country/Territory
Germany
Document type
Legislation
Date
2013 (2021)
Source
FAO, FAOLEX
Original source
Bundesgesetzblatt year 2021 p.4036.
Subject
Agricultural & rural development, Food & nutrition
Keyword
Prescription/adverse possession Institution Business/industry/corporations Agricultural commodities Registration Cooperative/producer organization Basic legislation Milk/dairy products Sugar
Geographical area
Alps, Europe, Europe and Central Asia, European Union Countries, North Sea, North-East Atlantic, Western Europe
Entry into force notes
This Act comes into force on 20 April 2013.
Abstract

The Act provides for regulations on activity of the organisations and associations with regard to agricultural products, ban on cartels for agricultural organisations, prohibition on unfair trading practices in relations between buyers and suppliers in the food supply chain and the structuring contractual relationship between breeders and processors of agricultural products. The Federal Agency for Agriculture and Nutrition is the responsible body for enforcement of this Act and for implementing relevant regulations and ordinances. The Law provides for regulations on requirements for agriculture certificate, fishing license and recognition of the agricultural organisation. The Federal Ministry is in charge to observe agricultural organisations complying with the antitrust provisions and the competition restrictions. The Act provides for obligations on implementing EU regulations regarding market balance in light of implementing provisions of the Treaty on the Functioning of the European Union. The Act provides for registration of agricultural organisations, notifications and publications of data. With regard to contractual framework for sale of agricultural, fishery and food products by suppliers and buyers, the Act provides provision on payment deadlines, returning unsold products, termination of the contract, storage of products and unilateral contract amendment. The Act prohibits exploitation of the economic inequality between the buyer and supplier through unfair trading practices. The Act further provides provision on confidential treatment of the information, alternative dispute settlement and powers of the enforcement authority. The Act also provides for legal and administrative processes, principles of investigations and remedial actions in case of violation of the rights and obligations. The Act is consists of 4 Parts and 59 Articles as: Scope and definition (1); Agricultural organisations (2); Business relationships in the grocery supply chain covering issues of unfair trade practices in the food supply chain and contractual relationship (3); Warnings, sanctions, ordinance authorisations, transitional regulations and evaluation (4).

Full text
German
Website
www.bgbl.de

References - Legislation

Implements

Agricultural Market Structure Act.

Legislation | Germany | 2013 (2016)

Keyword: Agricultural development, Farming, Legal proceedings/administrative proceedings, Cooperative/producer organization, Milk/dairy products, Food quality control/food safety, Hygiene/sanitary procedures, Standards, Internal trade, Offences/penalties

Source: FAO, FAOLEX

Directive (EU) 2019/633 of the European Parliament and of the Council on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.

Legislation | European Union | 2019

Keyword: Agricultural commodities, Fraud, Internal trade, Contract farming, Agricultural development, Business/industry/corporations, International trade, Enforcement/compliance, Liability/compensation, Legal proceedings/administrative proceedings, Farming

Source: FAO, FAOLEX

Implemented by

Regulation on Strengthening Organisations and Supply Chains in the Agricultural Sector.

Legislation | Germany | 2021

Keyword: Prescription/adverse possession, Institution, Business/industry/corporations, Agricultural commodities, Registration, Cooperative/producer organization, Milk/dairy products, Sugar

Source: FAO, FAOLEX