Legislative Decree No. 228 laying down the guidelines and modernizing the agricultural sector, as per article 7 of Act No. 57 of 5 March 2001. | Land Portal

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The present Legislative Decree makes provision for the development and modernization of agriculture at the national level. The Decree is divided into five Parts dealing with the cooperatives, organizations, institutions and contracts related to the agricultural sector. Article 1 amends article 2135 of the Civil Code which contains the definition of agricultural entrepreneur. The latter is hereby defined as any entrepreneur who carries out the following activities: land cultivation, sylviculture, animal farming and other related activities (including the manipulation, conservation, processing, transformation and placing on the market of agricultural products). Farmers' cooperatives and consortia are included in such definition (art. 1, par. 2). Farmers registered in the Register of Enterprises are allowed to sell directly their products throughout the national territory in compliance with hygienic and sanitary provisions in force (art. 4, par. 1). Vending is permitted upon previous notification to the competent Commune (art. 4, par. 2). Part II of the Legislative Decree deals with agricultural contracts and rural districts. The provisions contained in Act No. 203 of 3 May 1982 shall apply to lands pertaining to the public domain and to lands belonging to public entities as well (art. 6). Part III regulates the relationship between farmers and the Public Administration through, on the one hand, collaboration contracts (art. 14) and, on the other hand, conventions (art. 15). The said contracts and conventions are intended to encourage the agricultural production and to protect typical organic products, without any prejudice to soil conservation and forest safeguarding. Part IV concerns the financial aid scheme to be enacted for the agro-industrial improvement, giving priority to enterprises directly managed by farmers (including cooperatives and consortia as well as recognized producers' organizations). Article 19 establishes the Interdepartmental Commission for Food Safety. Moreover, the Central Government, the Regions and the Local Entities shall protect, in accordance with their own competences: (a) typical food products, giving particular regard to agricultural and food products of controlled origin (DOC), of protected origin designation (DOP) and of controlled origin and guaranteed designation (DOCG); (b) agricultural lands where organic techniques are used; (c) zones of particular agrarian interest. Plants, seeds, fertilizers and pesticides entirely or partially consisting of genetically modified organisms shall be subject to the special monitoring system referred to in article 22. The Regional Phytosanitary Services shall contribute to inspections to be carried out on GMOs. The designations "mountain" and "mountain product" can be used only under the conditions established by Council Directive 75/268/EEC and Regulation 1257/99/EC. Article 26 regards producers' organizations, which aim at: (a) laying down production programmes; (b) promoting the marketing of partners' products; (c) restricting costs of production; (d) promoting culture practices and techniques compatible with the environment and animals' welfare. The Regions shall recognize the above-mentioned organizations under the conditions defined by articles 26 and 27.

Amended by: Legislative Decree No. 99 in matter of legal persons and entities, activities and administrative simplification in the agricultural sector, as per article 1, paragraph 2 of Act No. 38 of 2003. (2004-03-29)

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