Abstract
The purpose of the discussion presented in the article was to determine the legal status of direct sale of agricultural and food products and its place in the agricultural activity in the legislation of selected EU Member States: Poland, Italy, and France. The considerations show that each legislator has chosen a different way of determining the legal status of this activity, though with a view to a similar ratio legis, which is to support it by enabling and facilitating farmers involvement. In Polish law, “agricultural retail sale” is outside the narrow definition of agricultural activity. It is not, however, subject to the provisions of business law provided it meets the conditions specified in law. Italian law defines the status of direct sales explicitly as agricultural, situating them among connected agricultural activities carried out by the agricultural entrepreneur. The detailed criteria for its connection with the agricultural activity by nature constitute a separate special regulation. In French law, thanks to the broad definition of agricultural activity, the place of direct sale as an agricultural activity par relation which is an extension of the act of production, is defined by case-law.
Highlights
The legal status of direct sales of agricultural products is not determined by the European Commission Delegated Regulation (EU) legislator
Direct sales status in Polish law Poland, giving a response to the growing interest of consumers in the short supply chains, has adopted regulations on “agricultural retail trade” aimed to enhance the sales of food produced by farmers on their farms to final consumers.[10]
Italian law explicitly defines the status of direct sales as agricultural, situating it among connected agricultural activities carried out by the agricultural entrepreneur, and the detailed criteria for its connection with agricultural activity by nature are provided for in a separate special regulation
Summary
The legal status of direct sales of agricultural products is not determined by the EU legislator. 2. Direct sales status in Polish law Poland, giving a response to the growing interest of consumers in the short supply chains, has adopted regulations on “agricultural retail trade” aimed to enhance the sales of food produced by farmers on their farms to final consumers.[10] Under those provisions farmers can sell directly, preserving their agricultural status, raw and processed products of plant and animal origin, as well as complex products. The concept of agricultural activity laid down in the provisions of business law and formulated to distinguish it from other business activities is limited to agricultural production activities in the field of crops, animal husbandry and farming, horticulture, vegetable growing, forestry and inland fisheries.[12]
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