Fairness in the combinable crops supply chain – read the NFU’s response

This consultation has now closed on the government site.

The NFU has submitted its response to Defra’s consultation on fairness in the combinable crops supply chain.

In a wide-ranging response, the NFU highlighted key areas of concern where a lack of fairness or transparency has resulted in a supply chain which does not operate efficiently or with trust.

AIC No.1 Contract

Primarily, the NFU would like to see the AIC No.1 Contract, upon which almost all grain sales from farm are traded, to be adapted to reflect a fairer balance of power and include greater clarity over specific contract terms and definitions.

Importantly, to create transparency over contracts, this AIC No.1 Contract should not be varied by the purchaser unless expressly agreed by both parties at each point of sale. This will create clarity over the basis of the key contract terms in a grain sale, which currently does not exist because purchasers use their own farm purchase terms to overwrite or ignore terms in the AIC No.1 Contract that they do not want to sign up to.

Sampling process

The greatest point of frustration with farmers is the sampling process, where the farmer carries all the risk yet the first purchaser can take all the reward. The NFU is clear that this needs to change.

The current process of the farmer losing all control over their grain at the point it leaves the farm, and subsequently having no sight of the sampling process on which the value of their grain is determined, drives deep trust issues founded in a void of transparency.

A new system needs to enable farmers to have more involvement in this process. For farmers who deliver their own grain, they should have access to the testing process at intake and be afforded the opportunity of a fair process if they disagree with the sample results. For the vast majority of farmers who load grain on lorries arranged by the purchaser, they need the ability to take a representative sample either before or at the point of loading, and for this sample to be used for either the basis of payment or at the very least the sample for an independent test in the case of a dispute.

This would significantly redress the balance of power, and give much needed confidence to farmers that they are being paid fairly for what they have grown and sold.

Claims process

Greater clarity is also needed over the claims process, with farmers needing to be afforded the opportunity to decide how their grain is handled after sampling at intake, and also be able to base their decision on transparent terms which include the claims structure being provided before the lorry is loaded. If there remains a disagreement after this point, then a fair and transparent dispute resolution procedure needs to be in place.

Additional issues

Further concerns shared by the NFU in its response to Defra include the notice provided for loading grain, and the compensation paid by the purchaser when grain is not collected within the contractually agreed month.

Many first purchasers also tie the grower to end receiver terms, to which they have never had sight of or been able to agree to, and place the onus of vehicle cleanliness on the farmer, therefore absolving themselves of all associated risks.

The NFU is also asking for immediate feedback of data at intake to be requirement of all contracts, so that there is transparency in the data coming direct from the intake and so that the farmer can take action if there is a specification issue which can be remedied before loading more lorries and incurring further costs.

Next steps

We expect Defra to report on its findings from the consultation in April 2026.

The consultation opened on Wednesday 10 December and will run for 8 weeks until Wednesday 4 February 2026.

The NFU will be engaging with members through various formats, including online webinars and regional board meetings. However, the most important action members can take is to complete the consultation directly on the government page.

Complete the consultation

How can I take part?

Members have three options when filling out the survey:

1. Quick

It is essential that every member completes the simple tick boxes, stating whether they believe the supply chain operates fairly, and whether government intervention is required. This will ensure the quantitative analysis of the consultation responses reflects your views. If you only do this and do not complete the free format text boxes, this will only take you 5-10 minutes.

2. Average

As well as completing the tick boxes, think about examples of how you have been affected by issues which made you feel like you were not treated fairly, and share these in the free format text boxes. If you feel the need to, you can make your response confidential.

3. In-depth

In addition to your own experiences, consider other contractual clauses which could impact on the imbalance of power when selling your grain.

The Crops Board has shared a helpful guide which highlights some of the key topics they have been discussing in recent years, which relate to specific questions in the consultation.

Why your voice matters

The government will only intervene if the consultation evidences the need for new legislation. If the consultation responses do not reflect a need to intervene, the onward supply chain will not be obligated to change.

The NFU will submit a comprehensive response based on our member engagement, but it will only represent a single response in the quantitative data analysis. It is therefore essential that all members respond directly to the government consultation.