Sustainable and regenerative agriculture: code of practice

Section 1: Introduction

The Code of Practice on Sustainable and Regenerative Agriculture (the Code) is a best practice guide available to all farmers and crofters to help inform business decisions. The purpose of the Code is to provide clear guidance on how farming or crofting businesses can undertake different actions or measures which will help contribute to sustainable and regenerative farming. It aims to establish common standards for good practice and to encourage continuous improvement and development.

The key purpose of this is to ensure a balance between producing high quality food and doing so in an economically and environmentally sustainable way.

In this Code the words sustainable and regenerative are used. Sustainable practice refers to managing land in a way in which environmental damage is minimised, especially by avoiding the long-term loss of natural resources. Regenerative practice refers to managing land in a way which allows for the renewal of natural resources. Further detail and the regenerative principles can be found at the ‘Terminology’ section in Section 1.

The Code is intended as a guidance tool to promote actions or measures which have been endorsed by the industry to create better outcomes for businesses and the environment. The Code provides a selection of Management Actions or Measures, which detail individual sustainable or regenerative practices, how these could be implemented and how they can provide climate, nature and business benefits.

It is important to note that the Code is not a requirement and does not create any legal obligations. It is a helpful guide that can give you practical ideas on how to approach farming or crofting in a way that benefits you, your community and business. This is done by utilising the Code as a toolkit and you can choose how to use it to suit your business needs.

Farming and Crofting for Scotland

Many farmers, crofters and businesses have already developed strong practices that work well. The Code does not seek to replace those existing practices but offers some suggestions that could contribute to efficiencies, profitability, climate, biodiversity and sustainability targets.

This document aims to encourage everyone to familiarise themselves with the Actions or Measures outlined in the Code and to integrate some of these into their own practices.

This Code aims to develop the good work already being done. Farmers and crofters can choose to undertake activities that best suit their specific business.

Background and Context

The Agriculture and Rural Communities (Scotland) Act 2024 (The Act) was passed by the Scottish Parliament on 18 June 2024 and received Royal Assent on 30 July 2024. The Act gives Government the powers to deliver the ‘Vision for Agriculture’ which shows how we will change support for farming and food production in Scotland. See Annex A for more detail on the Vision.

The powers of the Act will be used to introduce the Future Support Framework and a Code of Practice for Sustainable and Regenerative Agriculture (the Code). See Annex A for more detail on the Act.

This Act also states that the Code must be developed in consultation with those interested or affected by it. The Code shall be a living document and is to be reviewed by Scottish Ministers on a five-year cycle.

The Code must include:

• An explanation of what Scottish Ministers consider to be sustainable and regenerative agriculture,
• The agricultural activities and methods they believe constitute best practice for sustainable and regenerative agriculture,
• Any other information and guidance considered appropriate.

This is a preliminary version of the Code, which will be reviewed following the publication of the Rural Support Plan.

Development of the Code

The Scottish Government (SG) have worked very closely with the agricultural industry, environmental organisations and rural partners to co-develop the Code, through the Agriculture Reform Programme.

A key part of the development of the Code is that it reflects what works in the field for farmers and crofters. Throughout 2024 SG engaged with stakeholder groups where a draft version of the Code was presented to numerous key players within the industry such as, National Farmers Union Scotland (NFUS), Agriculture Reform Implementation Oversight Board (ARIOB), Agriculture Industries Confederation (AIC), Scottish Environment LINK (SE LINK), Scottish Crofting Federation (SCF), Nature Scotland (NatureScot) and Food and Agriculture Stakeholder Taskforce (FAST). In addition to this, SG also conducted user testing with the farmers and crofters.

Both the stakeholder engagement and user testing provided valuable feedback which was then used to further develop the Code. In addition to this, SG continue to work with stakeholder groups who all provide valuable and technical details to ensure it remains current, accurate and effective.

Terminology

The Code intends to set out what Ministers consider to be sustainable and regenerative. No definitions are set in the 24 Act but there are instead explanations of key terminology or “definitions” for the purposes of the Code below. This enables these definitions to be adaptable over time in response to changing practices and as scientific evidence emerges and provide an understanding of terms that may already have a common understanding.

Agriculture Definition from the Agriculture (Scotland) Act 1948

In this Act the expression “agricultural land” means land used for agriculture which is so used for the purposes of a trade or business, or which is designated by the Minister for the purposes of this subsection, and includes any land so designated as land which in the opinion of the Minister ought to be brought into use for agriculture:

Provided that no designation under this subsection shall extend—

(a) to land used as pleasure grounds, private gardens or allotment gardens, or

(b) to land kept or preserved mainly or exclusively for the purposes of sport or recreation, except where the Minister is satisfied that its use for agriculture would not be inconsistent with its use for the said purposes and it is so stated in the designation.

“Agriculture” includes ‘horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes. ‘Agricultural’ should be construed accordingly.

Agriculture for the Purposes of the Code

“Agriculture" includes horticulture, dairy farming, livestock farming including breeding and keeping, the use of land as pasture land for rearing animals either for meat or animal products such as dairy, eggs and wool, arable land for growing crops, meadow land, coppiced pollarded trees, market gardens and tree nursery grounds, the use of land for trees or woodlands where that use is ancillary to the farming of land for other agricultural purposes, agroforestry, silvoarable, silvopasture and, the use of land managed for biodiversity or wider environmental purposes being integrated within an agriculture business. 'Agricultural' should be construed accordingly.

Sustainable Agriculture for the Purposes of the Code

Some agricultural practices can reduce water and air quality, degrade soils and cause biodiversity loss. This in turn can disrupt natural processes that support food production.

Environmentally sustainable agriculture encompasses a range of possible measures that aim to minimise the effects of agriculture on the environment and to conserve the aspects of the natural environment on which agriculture relies, using resources and energy more efficiently. The measures that will succeed will depend upon the environmental and agricultural context and may require farmers to work together across a landscape.

There are two broad categories: restoring natural capital and improving efficiency, therefore reducing GHG emissions and increasing carbon sequestration and storing carbon.

Regenerative Agriculture for the Purposes of the Code

Regenerative agriculture is defined in the Agriculture Reform Glossary published on 22 June 2023.

For the purposes of the Code, it is a flexible approach to farming that is underpinned by farmers knowledge of their land, systems and enterprises. It is broadly any form of farming activity which both generates production and improves the environment.

The main aim is regeneration and conservation of the farm’s ecological system. This enables high quality food production whilst restoring nature. It also allows adaption to climate change mitigation and reduces agricultural activities harmful effects.

Regenerative agriculture produces food and other agricultural products whilst also improving the natural asset value of the land, particularly soil health and function and the biodiversity value.

The regenerative principles concentrate on a range of environmental outcomes underpinning a healthy ecosystem such as restoring soil health, which is key, improving nutrient and water cycling, increasing biodiversity, supporting carbon sequestration, increasing resilience to climate change and improving animal welfare.

Regenerative agriculture recognises that each farm is different. For that reason, it does not provide a list of exact methods or actions. Instead, farmers have responsibility for deciding the best way to achieve desired outcomes and restore ecosystem health on their farm.

The five regenerative principles are:

• Minimise Soil Disturbance:

This involves practices like no-till or reduced tillage, which helps preserve soil structure, reduce erosion, and maintain a healthy soil ecosystem.

• Maximise Crop Diversity:

Cultivating a variety of crops, including cover crops, intercropping, and crop rotation, promotes biodiversity, improves nutrient cycles, and enhances resilience to pests and diseases.

• Keep Soil Covered:

Maintaining a cover of plant material, either through cover crops or crop residues, helps protect the soil from erosion, improves soil moisture, and enhances soil health.

• Maintain Living Roots:

Keeping roots in the soil year-round, through practices like cover cropping, improves soil structure, increases organic matter, and enhances nutrient availability.

• Integrate Livestock:

Integrating livestock into the farming system can improve soil health, promote nutrient cycling, and help with weed and pest control.

Natural Capital for the Purposes of the Code

Agriculture relies on a number of natural capital assets such as soil, water and biodiversity which deliver ecosystem services. The benefits derived from these assets include nutrient cycling, pest control, pollination, flood prevention and water purification. Some measures that maintain and restore natural capital are improving soil health and water quality and conserving biodiversity.

Improving Efficiency for the Purposes of the Code

Agriculture has scope to become more resource efficient by changing practices and using new technologies. Nitrogen fertiliser production is an energy intensive process reliant upon fossil fuels. Changing practices to use nitrogen fixing plants in livestock and arable systems and nutrient budgeting can reduce the need for nitrogen fertiliser. Precision farming technology to improve the application of nitrogen fertiliser use would also reduce GHG emissions and the build-up of excess nutrients in water courses.

Sustainable in the context of the Vision, does not solely mean environmentally sustainable. The UN considers sustainable agriculture to refer to "farming that meets the needs of existing and future generations, while also ensuring profitability, environmental health and social and economic equity.”

SG goals around fair work and women in agriculture should by default be captured by "sustainable". There are clear practical actions of environmental sustainability but there may also be social or economic aspects such as fair work criteria we expect of a “sustainable business”. Including best practice socially from sustainable businesses would reflect sustainability across the whole business to align with the Vision.

Agroecology for the Purposes of the Code

Agroecology is based on applying ecological concepts and principles to optimize interactions between plants, animals, humans and the environment while taking into consideration the social aspects that need to be addressed for a sustainable and fair food system. By building synergies, agroecology can support food production and food security and nutrition while restoring the ecosystem services and biodiversity that are essential for sustainable agriculture.

Greenhouse Gas (GHG) Cycle in Agriculture

Greenhouse gases (GHGs) are the name given to a group of gases that absorb heat from the earth and trap it. These include Nitrous Oxide (N₂O), Carbon Dioxide (CO₂₎, Methane (CH₄) and water vapour, all of which flow in and out of a typical farming system. While these gases are an important and naturally occurring part of the atmosphere, human activities are causing levels to rise. This means the atmosphere traps more heat than in the past, causing it to warm, and leading to climate change.

Carbon Dioxide (CO₂₎ and the production of Methane (CH₄) and Nitrous Oxide (N₂O), the main greenhouse gases, in a farm setting. are the main greenhouse gases, in a farm setting. While Carbon Dioxide and Methane are both part of the carbon cycle, it is important to separate them when considering climate impact, as they have different capacities to trap heat when in the atmosphere

Agriculture and food production rely on natural processes, which means that agricultural activity will inevitably alter the balance of GHG emissions flowing through the system. Which parts they change, and by how much, varies widely between different agricultural practices, produce and farm types.

To reduce climate impact, it’s important to consider all parts of the farm system, protecting carbon stores such as soils and peatlands, looking for opportunities to increase the uptake of GHGs, for example through tree planting, and understanding and reducing emissions wherever possible.

Measures that reduce farm GHG emissions and improve the environment can also reduce input costs, for example through better soil health.

The above image illustrates the main greenhouse gas uptakes and emissions in a farm setting. Underpinning these GHG flows is a complex web of connections between the arrows, with subtle changes in one having knock on effects on many others. For example, plants pull Carbon Dioxide out of the atmosphere. The carbon in that Carbon Dioxide can either enter the soil when the plant dies and breaks down, or cycle through livestock as they graze, returning to the atmosphere as Methane, or into the soil as manure.

Scope 1 – Direct emissions

These are emissions that a business generates from operations, such as nitrous oxide from soil, methane from cows or Carbon Dioxide from fuel use.

Scope 2 – Indirect emissions

These are emissions created from the generation of purchased energy used in a business.

Scope 3 – All other indirect emissions

These emissions occur in a business’ supply/value chain, such as, purchased feed and fertiliser.