12. Not for profit/more than profit
12.1 During stage one of the Community Empowerment Bill process, there was a recommendation that the community-based allotment and food growing sector be encouraged to become part of a viable empowering food economy  .
12.2 This, however, could have the unintended consequence of bringing the community-based allotment and food growing sector within the scope of the Agricultural Holdings (Scotland) Act 1991 since such production would fall within the definition of agricultural land which includes land being used for the purposes of a trade or business.
12.3 This food-growing strategy guidance, therefore, recommends the inclusion of those grow-your-own initiatives which are run on a completely not-for-profit basis. This approach is inclusive of social enterprises where profits generated are either put back into communities or back into the business.
12.4 This approach will still allow growers, on a not-for-profit basis, to sell excess produce to local people and enable them to access food that is grown locally when they are unable to, or do not wish to, grow it themselves.
12.5 Section 107(c)(ii) of the Act specifically sets out that, for the purposes of Part 9 of the Act, allotments must be run on a not-for-profit basis. This provision does not apply to other aspects of community food growing.