Framework for Primary Production, GWGS Certification, and Digital Trade
These Terms and Conditions (“Terms”) define the legal framework between [Green State Farms] (“the Organisation”), its registered producer members (“Members”), and parties utilizing its digital platforms (“Users”). This framework is established in accordance with Regulation (EU) No 1308/2013, S.I. No. 396/2023, and the Agricultural and Food Supply Chain Act 2023.
2.1. Active Supplier Requirement: In accordance with S.I. 396/2023, membership is restricted to “active agricultural suppliers” who have supplied the relevant primary agricultural product (e.g., live cattle, raw milk, unwashed tillage) to a purchaser in the preceding calendar year.
2.2. Minimum Thresholds: The Organisation shall maintain a minimum of 20 active suppliers for beef, sheep, or milk sectors, or 5 active suppliers for tillage and horticulture, to ensure continued ministerial recognition.
2.3. Exclusivity of Membership: Pursuant to Article 153 of Regulation (EU) 1308/2013, Members may generally belong to only one Producer Organisation for any single product of their holding to ensure concentration of supply.
3.1. Voting Rights: The Organisation operates under a democratic constitution where each Member holds one vote, regardless of the volume of production or share capital held.
3.2. Operational Oversight: Members possess the statutory right to democratically scrutinize the Organisation’s financial records and the Board’s strategic decisions.
4.1. Collective Marketing: Members grant the Organisation the sole right to market their primary produce. Members must adhere to production reporting and quality standards adopted by the Board.
4.2. Data Disclosure: Members are obligated to provide all necessary statistical and production data required for market transparency and regulatory compliance with the Agri-Food Regulator.
4.3. Penalties: Financial penalties or membership suspension may be imposed for breaches of the Rule Book, including the unauthorized diversion of supply or failure to meet environmental standards.
Version 1, dated 08.04.2026
5.1. Scheme Adherence: Participation in the Green, White and Gold (GWG) Certification Scheme is a mandatory condition of membership to verify quality and sustainability farm-level practices.
5.3. Continuous Surveillance: Ongoing certification is contingent upon representative sample annual surveillance audits to ensure sustained compliance with the scheme’s quality marks.
6.1. Access to Facilities: The Member (as Client) ensures that GWG Assessors have access to all facilities and information significant to the assessment.
6.2. Incident Reporting: Members must report any serious accidents or breaches of environmental regulations that may jeopardize the Organisation’s aggregate certification status.
6.3. Remediation: Certification will be suspended if non-conformities are not corrected within 90 days of an audit finding.
7.1. Obligation to Pay: Every digital transaction initiated via the Organisation’s platform requires the user to click a final confirmation button explicitly labeled “Order with Obligation to Pay” or “Buy and Pay.”
7.2. Confirmation: No contract for membership and the supply of services is binding until the Organisation issues a formal order Acknowledgement following credit and availability checks.
8.1. Perishable Status: All primary agricultural products (e.g., fresh carcasses, raw milk, unwashed produce) are classified as “perishable” under the Agricultural and Food Supply Chain Act 2023.
8.2. Transfer of Risk: The risk of loss, deterioration, or damage passes to the purchaser upon physical delivery to the designated collection point or facility.
8.3. Delivery Timelines: Time is of the essence for the delivery of primary produce. If delivery is not effected within the agreed window, the purchaser may exercise a right to cancel, subject to force majeure.
Version 1, dated 08.04.2026
9.1. Exclusion of Cooling-Off Period: In line with the Consumer Rights Act 2022, the 14-day right of withdrawal does not apply to primary agricultural goods that are liable to expire or spoil rapidly.
9.2. Return Policy: Due to biosafety and food safety regulations at the farm level, returns of primary produce are not accepted unless the goods are demonstrably not in conformity with the agreed specification at the time of delivery.
10.1. Payment Deadlines: The Organisation adheres to S.I. 625/2023. Payments for perishable goods must be settled within 30 days and for non-perishable goods within 60 days of the end of the delivery period or receipt of invoice.
10.2. Prohibited Conduct: The Organisation prohibits unilateral changes to supply volumes or prices and the cancellation of perishable orders at short notice.
11.1. Limitation: The Organisation’s liability for any claim is limited to the value of the specific consignment in dispute.
11.2. Force Majeure: Neither party shall be liable for failures caused by events beyond reasonable control, including extreme weather, animal disease outbreaks, or government imposed movement restrictions.
These Terms are governed by Irish law, and the courts of Ireland shall have exclusive jurisdiction over any disputes arising from these Terms or the associated membership.
Version 1, dated 08.04.2026