Farmer’s Bill of Rights: the 30-day answer and the certification

It is a charter of rights and duties: it says what a farmer may demand of the Department of Agriculture and what the Department demands of them. The statement of motives says it plainly — "every right carries a duty" — and the law is split into two symmetrical articles, Article 3 for rights and Article 4 for duties. It creates no new agency and no complaint forum of its own: the right to file complaints in Article 3(j) refers to whatever procedure the Department already has established.

Farmers in Puerto Rico. For the rights tied to certification, the Article 2(f) definition of "bona fide farmer" requires four things at once: legally owning a farm; devoting it to agriculture in general, including livestock, poultry, beekeeping, minor crops, horticulture, aquaculture, fishing and other branches; holding a current certification issued by the Secretary of Agriculture; and deriving fifty percent (50%) or more of gross income from an agricultural business as operator, owner or lessee. Article 2(g) lists what counts as an agricultural business: tilling or cultivating land to produce fruits, vegetables, seasoning species and food for humans and animals; raising animals for meat, milk and eggs; raising thoroughbred racehorses and pure Puerto Rican paso fino horses; mariculture, commercial fishing and aquaculture; commercial production of flowers and ornamental plants; hydroponic vegetable growing; and any other commercial production the Secretary deems an agricultural business.

• For the general rights in Article 3, being a farmer in Puerto Rico suffices. For those depending on bona fide farmer status, a current certification from the Secretary of Agriculture and 50% or more of gross income from the agricultural business are required.Verified against the official source
• Certification is not limited to owners: Article 3(b) recognizes the right to be certified as a farmer when engaged in agricultural work as usufructuary, parcelero or lessor.Verified against the official source

• The farm’s production records and its legal and administrative documentation. Article 4(f) turns them into a duty: the farmer must keep them available for review.

1. 1

   Step 1: The 30-day deadline

   It is the most concrete right in the entire law and it is in Article 3(c): the farmer has the right **to an answer from the Department of Agriculture on or before thirty (30) days** when requesting services such as seed, fertilizer, pest control, machinery, fishing equipment, financing, crop or planting insurance or any other service of that nature, as the Department establishes. The law says "an answer", not "an approval": the right is to be answered within the term. And it is worth noting the list, because it is broad and runs from inputs to financing and insurance.

2. 2

   Step 2: Certification and qualification

   Article 3(a) recognizes the right to receive a farmer qualification **for purposes of the Agricultural Tax Incentives Act (LICA), Act 225 of 1995**, and to take up the benefits that law establishes according to the current farmer classification, when engaging in agriculture, aquaculture and commercial fishing. Article 3(b) adds that the right to be certified reaches those farming as usufructuary, parcelero or lessor, not only the farm’s owner. And Article 2(f) sets the 50% bar: to be a bona fide farmer you must derive half or more of gross income from the agricultural business. **What Act 39-2006 does not do is describe LICA.** It names it by title and number; it does not restate its benefits, requirements or limits, and we did not read it for this guide.

3. 3

   Step 3: The rights to decide for yourself

   Three subsections of Article 3 protect the farmer’s autonomy against the agency. (f): to select the agricultural product they will exploit economically. (g): to select where they will acquire materials or services. And (h): to freely organize and associate with other farmers to order their enterprises, based on the concepts of Act 238 of 1997, the "Agricultural Industries Ordering Act" — a law this charter mentions by reference and does not describe. Add (e), access to the information needed to do the paperwork for services, incentives, tax credits, licenses and certifications offered by Agriculture or any other agency, public corporation or municipality; and (i), technical and administrative guidance on business, marketing, sales and services from the Department and from the University of Puerto Rico through the Agricultural Extension Service.

4. 4

   Step 4: Fair treatment, marketing and government contracts

   Article 3 closes with four rights against the State. (j): to file complaints at the Department of Agriculture **under the established procedure** — the law refers to the Department’s procedure and creates none of its own. (k): to receive equal and fair treatment from the Department. (l): that local products have priority in all marketing activities the Department carries out; the law defines "Products of the Country" as those grown in Puerto Rico. And (m): that when contracting with the government they be compensated according to the fair values of their products. Subsection (d) adds the right to quality service according to the farmer’s needs.

5. 5

   Step 5: The duties, and the one that costs money

   Article 4 lists thirteen duties. The administrative ones: communicate and cooperate with the Department and providers to speed paperwork; file applications and reports on time; keep continuous communication with the Department, providers and municipalities; inform the Secretary of any investigation conducted on them; keep production records and documentation available for review; implement the technical recommendations the Department offers; take part in trainings, meetings and workshops; and receive official visits from authorized personnel, allowing entry to their farms or agricultural businesses. The compliance ones: properly use medicines, pesticides, chemicals and harmful contaminants; comply with Plant Health and Veterinary Services to prevent the entry of pests and diseases; and comply with Puerto Rico and United States laws and regulations applicable to agriculture. And the one with a direct financial consequence, subsection (j): **use the aid provided by the Department efficiently and within the time established, and keep the incentivized agricultural activities for the period the current regulations demand; otherwise, they shall be obligated to return the incentive received in full.**

6. 6

   Step 6: Who regulates

   Article 5 orders the Secretary of Agriculture to adopt the regulations needed for faithful compliance, and Article 6 provides the law takes effect immediately upon approval. Act 39-2006 creates no fines, sets no amounts, sets no deadline to resolve the Article 3(j) complaint and does not say what a farmer certification costs or how long it takes. That is why this guide’s cost and processing time stay unverified: not that they do not exist, but that this law does not publish them.

Before the Puerto Rico Department of Agriculture. The law defines "Department" and "Secretary" as those of Agriculture, and directs there both the Article 3(c) service requests and the Article 3(j) complaints, filed "under the established procedure" of the Department itself. What we do not publish: the bona fide farmer certification form, its cost, its term, the office address or phone, or the complaint procedure, because Act 39-2006 does not set them.

• Not keeping a stamped copy of the request: without a filing date the thirty-day term cannot be counted.
• Believing the Article 3(c) right is to be approved: the law gives a right to an answer, not to an approval.
• Thinking only the farm’s owner can be certified: Article 3(b) reaches usufructuaries, parceleros and lessors.
• Assuming planting is enough to be a bona fide farmer: a current certification and 50% or more of gross income from the agricultural business are required.
• Abandoning an incentivized activity early: Article 4(j) requires returning the incentive in full.
• Not keeping production records available: Article 4(f) requires them for review.
• Denying authorized personnel entry to the farm: Article 4(i) makes that visit a duty of the farmer.

These are the government pages this guide is based on.

• Departamento de Agricultura de Puerto Rico

  Agricultura

  bvirtualogp.pr.gov

• Puerto Rico Department of Agriculture

  Agricultura

  www.agricultura.pr.gov