Legal Liability for Damages Arising From Toxin Formation and Pesticide Use in Agricultural Products in Türkiye

Background: Advances in modern production techniques have given rise to new production models, which, in turn, have led to a range of food-borne challenges. Despite numerous legal regulations in Türkiye designed to strengthen food inspection, pesticide use within legally permissible limits has not been reduced to a level considered reliably safe. The obligations of the state include: protecting plants from infectious and widespread diseases and safeguarding the conditions necessary for a healthy social environment; supervising the production and marketing of all foodstuffs to prevent harm to human health and the environment; establishing hygiene conditions and standards from a public health perspective; preventing the sale and consumption of products containing pesticide residues in excess of normal limits; in brief, ensuring food safety. This study examines legal liability under Turkish law for harm arising from the use of plant protection products that are prohibited or applied in quantities exceeding legal thresholds. Methods: This study draws on domestic and international literature on the effects of pesticide use—whether prohibited or exceeding established thresholds—on food safety and the environment in Türkiye, as well as on the legal liabilities arising from such practices. This study further analyzes finalized judicial and administrative decisions retrieved from relevant legal databases and the official websites of the high courts, as well as judgments of the European Court of Human Rights. Results: Agricultural pesticides that pose risks to human health and the environment are widely used, and the administrative sanctions and criminal penalties imposed for the misuse of these substances appear inadequate. Farmers frequently purchase pesticides indiscriminately; agrochemical dealers often sell these products without sufficient oversight; agricultural commodities are routinely made available to consumers in retail settings without prior analytical testing. Collectively, these systemic shortcomings undermine public health protection, environmental stewardship, and regulatory compliance. Conclusions: The existing administrative sanctions and criminal penalties for harmful pesticide applications are inadequate and should be strengthened. To deter prohibited practices, agricultural products should not be released for consumer sale before the results of accredited laboratory analyses are available. The manufacture and importation of hazardous agricultural pesticides must be prohibited. Comprehensive training programs should be implemented to ensure that farmers apply pesticides in accordance with best practices and legal requirements. Licenses for agrochemical dealerships should be issued exclusively to individuals who have completed certified training. Additionally, a barcode-based traceability system should be established to require the dispensing of plant protection products through secure digital prescriptions. Collectively, these measures would enhance regulatory compliance, protect public health, and improve environmental stewardship.