Agriculture seems simple. You have a piece of land where you sow a bunch of seeds, and then you harvest them, or you raise a few animals and turn a profit. But farmers know better: Turning a farming venture into success is hard work. What’s more, there is a lot of legislation that needs to be adhered to. So, what laws do farmers need to comply with? Let’s explore
The agricultural industry has a lot of legislation. Because farmers have different specialities, there are numerous laws to comply with. For example, if a specific farm focuses on plant breeding, the Plant Breeders’ Rights Act 15 of 1976 needs to be followed. But to ensure that all types of farmers benefit from this article, we will divide the areas of compliance into sections.
Complying with Labour Laws
On a farm, the farmer is the business owner who is responsible for the staff employed. All the laws that relate to the farm labourers are:
- National Minimum Wage Act, 9 of 2018
- Basic Conditions of Employment Act, 75 of 1997 (BCEA) in conjunction with Sectoral Determination 13 for Agriculture
- Employment Equity Act, 55 of 1998
- Compensation for Occupational Injury and Disease Act, 130 of 1993
- Occupational Health and Safety Act, 85 of 1993
- Unemployment Insurance Act, 30 of 1996
It’s important to ensure the safety of the workers while also compensating them fairly.
Land Use Regulations
The following laws and their subsequent amendments aim to regulate boundaries between farms and indicate where and which types of developments may occur.
- Fencing Act, 1963 (Act No. 31 of 1963)
- Agriculture Laws Extension Act 87 of 1996
- Agricultural Laws Rationalisation Act 72 of 1998
- Designated Areas Development Act, 1979 (Act No. 87 of 1979)
Environmental Laws
Because farming and nature are so closely related, the government has recognised the impact one has on the other. Therefore, farmers must closely adhere to the following environmental laws to achieve a more sustainable farm with a lower impact on the environment, particularly when it comes to biodiversity and waste management.
- National Environmental Management Act (NEMA), 107 of 1998
- National Environmental Management: Biodiversity Act, 10 of 2004
- National Environmental Management: Protected Areas Act, 57 of 2003
- National Environmental Management: Waste Act, 59 of 2008
Complying with Water Regulations
There are two water laws that farmers need to follow. These are:
- National Water Act, 36 of 1998
- Water Amendment Act, 27 of 2014
- Water laws ensure that this valuable resource is used responsibly.
- Fire Prevention Laws
Veldfires are a risk for any farmer. It destroys crops, kills animals, damages infrastructure and can have dire financial implications. The National Veld and Forest Fire Act, 101 of 1998, highlights what farmers need to do to help protect themselves.
What the Law Says about Conservation and Pest Control
As mentioned previously, protecting nature is of utmost importance for humans as well as the continued existence of nature. For this reason, it is vital to have rules to follow about soil, water and vegetation conservation; however, this can be difficult with invasive species.
In the case of problem animals or pests, the law distinguishes between these two and explains how the farmer is expected to handle these challenges.
The laws that apply are as follows:
- Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)
- Agricultural Pests Act, 1983 (Act No. 36 of 1983)
- Problem Animals Control Ordinance, 1978 (Ord. No. 14 of 1978)
- Fertilisers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 (Act No. 36 of 1947)
Plants
In the case of farms that sell seedlings or aim to propagate plants for sale (flower farms or tree farms, for instance), there are two relevant acts. These are:
- Plant Improvement Act, 1976 (Act No. 53 of 1976)
- Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992)
Livestock Welfare
When stock farmers who breed stock via artificial insemination or deals with any part of this process, they need to comply with the law (Livestock Improvement Act, 1977 Act No. 25 of 1977) that regulates these dealings. It also demands that animals and their pedigrees be registered in the Stud Book and Livestock Improvement Association.
Comply with Animal Identification
Stock farmers who need to identify their animals aren’t allowed to mark them just randomly. There are strict laws governing the marking of various types of livestock and the identification of pedigree animals. Farmers can refer to:
- Livestock Brands Act, 1962 (Act No. 87 of 1962)
- Animal Identification Act 6 of 2002
Animal Health and Safety
Where there are living, breathing creatures, the risk of their welfare exists. Four laws on how animals’ health and protection should be prioritised are:
- Animal Health Act, 7 of 2002
- Societies for the Prevention of Cruelty to Animals Act, 1993 (Act No. 169 of 1993)
- Animals Protection Act No. 71 of 1962
- Animal Matters Amendment Act 42 of 1993
Abattoir and Meat Safety Regulations
In the case of farmers processing meat on their property for sale to butcheries, farmers need to comply with the following acts:
- Abattoir Hygiene Act, 1992 (Act No. 121 of 1992)
- Meat Safety Act no. 40 of 2000
Markets and Standards
The laws that govern the safety of agricultural products that go to market (whether export or local) ensure that the goods are up to standard. These laws are:
- Control of Markets in Rural Areas Ordinance, 1965 (Ord. No. 38 of 1965)
- Perishable Products Export Control Act, 1983 (Act No. 9 of 1983)
- Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)
- Marketing of Agricultural Products Act 47 of 1996
Finance
Laws have been put in place to assist farmers, not just guide them in how to run their farms. Among these laws are:
- Agricultural Credit Act, 1966 (Act No. 28 of 1966)
- Marketing Act, 1968 (Act No. 59 of 1968)
- Land and Agricultural Development Bank Act 15 of 2002
- Agricultural Debt Management Act 45 of 2001
These laws provide for credit assistance and control over the marketing of agricultural products, along with the establishment of the Land and Agricultural Development Bank to support farmers in particular.
Tax Compliance
Just like any business, a farmer also needs to ensure that the agricultural business complies with tax regulations. The relevant legislation is:
- Income Tax Act, 58 of 1962 (including agricultural provisions)
- Value-Added Tax Act, 89 of 1991
