Agriculture Bill (HC Bill 7)

Agricultural products

16 (1) The agricultural products mentioned in paragraph 15(1) are products falling
within any of the following—

(a) the table in Part XV of Annex 1 of the CMO Regulation, but excluding
5any entry in the table for live animals (beef and veal);

(b) the table in Part XX of Annex 1 of the CMO Regulation, including any
entry in the table for live poultry (poultry and poultrymeat);

(c) the table in Part XIX of Annex 1 of the CMO Regulation, including
any entry in the table for eggs (eggs and egg products);

(d) 10the table in any of Parts IX to XI of Annex 1 of the CMO Regulation
(fruit and vegetables other than olives);

(e) the table in Part VII of Annex 1 of the CMO Regulation (olive oil and
table olives);

(f) the table in Part VI of Annex 1 of the CMO Regulation (hops);

(g) 15the table in Part XII of Annex 1 of the CMO Regulation (wine);

(h) the definition of “aromatised wine products” in Article 3 of the
Aromatised Wine Regulation (aromatised wine).

(2) In sub-paragraph (1)—

(a) references to the CMO Regulation are to that Regulation as amended
20from time to time before IP completion day, and

(b) “the Aromatised Wine Regulation” means Regulation (EU) No 251/
2014 of the European Parliament and of the Council of 26 February
2014 on the definition, description, presentation, labelling and the
protection of geographical indications of aromatised wine products
25as amended from time to time before IP completion day.

(3) DAERA may by regulations amend this paragraph and paragraph 15 for or
in connection with the purpose of—

(a) adding or removing an agricultural product from sub-paragraph (1);

(b) altering the description of an agricultural product in sub-paragraph
30(1).

(4) Regulations under this paragraph are subject to affirmative resolution
procedure.

Carcass classification

17 (1) DAERA may by regulations make provision about the classification,
35identification and presentation of bovine, pig and sheep carcasses by
slaughterhouses in Northern Ireland.

(2) Regulations under sub-paragraph (1) may include provision about
enforcement, which may (among other things) include provision—

(a) about the provision of information;

(b) 40conferring powers of entry;

(c) conferring powers of inspection, search and seizure;

(d) about the keeping of records;

(e) imposing monetary penalties;

(f) creating summary offences punishable with a fine not exceeding the
45amount specified in the regulations, which must not exceed level 5
on the standard scale;

(g) about appeals;

(h) conferring functions (including functions involving the exercise of a
discretion) on a person.

(3) Regulations under this paragraph may not authorise entry to a private
5dwelling without a warrant issued by a lay magistrate.

(4) Regulations under this paragraph are subject to affirmative resolution
procedure.

Part 5 Data protection

18 (1) 10This paragraph applies to a duty or power to disclose or use information
where the duty or power is imposed or conferred by or under any provision
of this Schedule.

(2) A duty or power to which this paragraph applies does not operate to require
or authorise the disclosure or use of information which would contravene
15the data protection legislation (but the duty or power is to be taken into
account in determining whether the disclosure or use would contravene that
legislation).

(3) In this paragraph “data protection legislation” has the same meaning as in
the Data Protection Act 2018 (see section 3 of that Act).

Section 49

20SCHEDULE 7 The CMO Regulation: consequential amendments

Part 1 Exceptional market conditions: England

1 In consequence of the provision made by sections 18 and 19, in Part V of the
25CMO Regulation (general provisions), at the beginning of each of Articles
219, 220, 221 and 222 insert—

“A1 This Article does not apply in relation to agricultural producers in
England.”

Part 2 30Exceptional market conditions: Wales

2 In consequence of the provision made by paragraphs 6 and 7 of Schedule 5,
in Part V of the CMO Regulation (general provisions), at the beginning of
each of Articles 219, 220, 221 and 222 (but after the amendment made by
paragraph 1) insert—

“A2 35Until the end of 2024 this Article does not apply in relation to
agricultural producers in Wales.”

Part 3 Marketing standards and carcass classification: England

3 In consequence of the provision made in Part 5, the CMO Regulation is
amended as follows.

4 5In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6 at the end insert—

““This paragraph does not apply to the classification, identification
and presentation of carcasses by slaughterhouses in England (see
section 38(1) of the Agriculture Act 2020).”

5 10In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t)
insert—

““Points (p) to (t) do not apply in relation to slaughterhouses in
England (see section 38(1) of the Agriculture Act 2020).”

6 15In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning insert—

““This Article does not apply to the classification of carcasses by
slaughterhouses in England (see section 38(1) of the Agriculture
Act 2020).”

7 20In Article 73 (marketing standards: scope), at the end insert—

““References in this Section to marketing standards as they apply in
relation to products marketed in England, include standards set in
regulations under section 35(1) of the Agriculture Act 2020.”

8 In Article 75 (marketing standards: establishment and content), at the
25beginning insert—

“A1 This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”

9 In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end insert—

“6 30Paragraphs 3 to 5 do not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”

10 In Article 80 (oenological practices and methods of analysis), at the end
insert—

“6 Paragraphs 3 to 5 do not apply in relation to products marketed in
35England (see section 35(1) of the Agriculture Act 2020).”

11 In Article 86 (reservation, amendment and cancellation of optional reserved
terms), at the beginning insert—

““This Article and Articles 87 and 88 do not apply in relation to
products marketed in England (see section 35(1) of the Agriculture
40Act 2020).”

12 In Article 91 (implementing powers in accordance with the examination

procedure), at the beginning insert—

““This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”

13 In Article 119 (labelling and presentation in the wine sector: compulsory
5particulars), in paragraph 3, at the end insert—

““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in England (see section 35(1) of the Agriculture
Act 2020).”

14 In Article 122 (labelling and presentation in the wine sector: delegated
10powers), at the beginning insert—

“A1 This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”

15 In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning insert—

15““This Article does not apply in relation to products marketed in
England (see section 35(1) of the Agriculture Act 2020).”

16 Regulations made by the European Commission under—

(a) Article 19(6) of the CMO Regulation,

(b) any of points (p) to (t) of Article 20 of the CMO Regulation, or

(c) 20Article 21 of the CMO Regulation,

continue to apply to slaughterhouses in England, notwithstanding the
amendments made by paragraphs 4 to 6.

17 Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
25marketed in England, notwithstanding the amendments made by
paragraphs 7 to 15.

Part 4 Marketing standards and carcass classification: Wales

18 In consequence of the provision made in Part 4 of Schedule 5, the CMO
30Regulation is amended as follows.

19 In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6, at the end (and after the amendment made by
paragraph 4) insert—

““This paragraph does not apply to the classification, identification
35and presentation of carcasses by slaughterhouses in Wales (see
paragraph 17(1) of Schedule 5 to the Agriculture Act 2020).”

20 In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t) (and
after the amendment made by paragraph 5) insert—

40““Points (p) to (t) do not apply in relation to slaughterhouses in
Wales (see paragraph 17(1) of Schedule 5 to the Agriculture Act
2020).”

21 In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning (but after the amendment made by
paragraph 6) insert—

““This Article does not apply to the classification of carcasses by
5slaughterhouses in Wales (see paragraph 17(1) of Schedule 5 to the
Agriculture Act 2020).”

22 In Article 73 (marketing standards: scope), at the end (and after the
amendment made by paragraph 7) insert—

““References in this Section to marketing standards as they apply in
10relation to products marketed in Wales, include standards set in
regulations under paragraph 15(1) of Schedule 5 to the
Agriculture Act 2020.”

23 In Article 75 (marketing standards: establishment and content), at the
beginning (but after the amendment made by paragraph 8) insert—

“A2 15This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

24 In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end (and after the amendment made by
20paragraph 9) insert—

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

25 In Article 80 (oenological practices and methods of analysis), at the end (and
25after the amendment made by paragraph 10) insert—

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

26 In Article 86 (reservation, amendment and cancellation of optional reserved
30terms), at the beginning (but after the amendment made by paragraph 11)
insert—

““This Article and Articles 87 and 88 do not apply in relation to
products marketed in Wales (see paragraph 15(1) of Schedule 5 to
the Agriculture Act 2020).”

27 35In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendment made by paragraph
12) insert—

““This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
402020).”

28 In Article 119 (labelling and presentation in the wine sector: compulsory
particulars), in paragraph 3, at the end (and after the amendment made by

paragraph 13) insert—

““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in Wales (see paragraph 15(1) of Schedule 5 to
the Agriculture Act 2020).”

29 5In Article 122 (labelling and presentation in the wine sector: delegated
powers), at the beginning (but after the amendment made by paragraph 14)
insert—

“A2 This Article does not apply in relation to products marketed in
Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
102020).”

30 In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendment made by paragraph
15) insert—

““This Article does not apply in relation to products marketed in
15Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

31 Regulations made by the European Commission under—

(a) Article 19(6) of the CMO Regulation,

(b) any of points (p) to (t) of Article 20 of the CMO Regulation, or

(c) 20Article 21 of the CMO Regulation,

continue to apply to slaughterhouses in Wales, notwithstanding the
amendments made by paragraphs 19 to 21.

32 Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
25marketed in Wales, notwithstanding the amendments made by paragraphs
22 to 30.

Part 5 Marketing standards and carcass classification: Northern Ireland

33 In consequence of the provision made in Part 4 of Schedule 6, the CMO
30Regulation is amended as follows.

34 In Article 19 (public intervention and aid for private storage: delegated
powers), in paragraph 6 at the end (and after the amendments made by
paragraphs 4 and 19) insert—

““This paragraph does not apply to the classification, identification
35and presentation of carcasses by slaughterhouses in Northern
Ireland (see paragraph 17(1) of Schedule 6 to the Agriculture Act
2020).”

35 In Article 20 (public intervention and aid for private storage: implementing
powers in accordance with the examination procedure), after point (t) (and
40after the amendments made by paragraphs 5 and 20) insert—

““Points (p) to (t) do not apply in relation to slaughterhouses in
Northern Ireland (see paragraph 17(1) of Schedule 6 to the
Agriculture Act 2020).”

36 In Article 21 (public intervention and aid for private storage: other
implementing powers), at the beginning (but after the amendments made by
paragraphs 6 and 21) insert—

““This Article does not apply to the classification of carcasses by
5slaughterhouses in Northern Ireland (see paragraph 17(1) of
Schedule 6 to the Agriculture Act 2020).”

37 In Article 73 (marketing standards: scope), at the end (and after the
amendments made by paragraphs 7 and 22) insert—

““References in this Section to marketing standards as they apply in
10relation to products marketed in Northern Ireland, include
marketing standards set in regulations under—

(a) paragraph 15(1) of Schedule 6 to the Agriculture Act 2020,
or

(b) article 15(1) of the Food Safety (Northern Ireland) Order
151991 (S.I. 1991/762 (N.I. 7)S.I. 1991/762 (N.I. 7)).”

38 In Article 75 (marketing standards: establishment and content), at the
beginning (but after the amendments made by paragraphs 8 and 23) insert—

“A3 This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
20Agriculture Act 2020) and article 15(1) of the Food Safety
(Northern Ireland) Order 1991.”

39 In Article 78 (definitions, designations and sales descriptions for certain
sectors and products), at the end (and after the amendments made by
paragraphs 9 and 24) insert—

“8 25Paragraphs 3 to 5 do not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020 and article 15(1) of the Food Safety (Northern
Ireland) Order 1991).”

40 In Article 80 (oenological practices and methods of analysis), at the end (and
30after the amendments made by paragraphs 10 and 25) insert—

“8 Paragraphs 3 to 5 do not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020).”

41 In Article 86 (reservation, amendment and cancellation of optional reserved
35terms), at the beginning (but after the amendments made by paragraphs 11
and 26) insert—

““This Article and Articles 87 and 88 do not apply in relation to
products marketed in Northern Ireland (see paragraph 15(1) of
Schedule 6 to the Agriculture Act 2020 and article 15(1) of the Food
40Safety (Northern Ireland) Order 1991).”

42 In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendments made by
paragraphs 12 and 27) insert—

““This Article does not apply in relation to products marketed in
45Northern Ireland (see paragraph 15(1) of Schedule 6 to the

Agriculture Act 2020 and article 15(1) of the Food Safety (Northern
Ireland) Order 1991).”

43 In Article 119 (labelling and presentation in the wine sector: compulsory
particulars), in paragraph 3, at the end (and after the amendments made by
5paragraphs 13 and 28) insert—

““Sub-paragraph (b) of this paragraph does not apply in relation to
products marketed in Northern Ireland (see paragraph 15(1) of
Schedule 6 to the Agriculture Act 2020).”

44 In Article 122 (labelling and presentation in the wine sector: delegated
10powers), at the beginning (but after the amendments made by paragraphs 14
and 29) insert—

“A3 This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020).”

45 15In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendments made by
paragraphs 15 and 30) insert—

““This Article does not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
20Agriculture Act 2020).”

46 Regulations made by the European Commission under—

(a) Article 19(6) of the CMO Regulation,

(b) any of points (p) to (t) of Article 20 of the CMO Regulation, or

(c) Article 21 of the CMO Regulation,

25continue to apply to slaughterhouses in Northern Ireland, notwithstanding
the amendments made by paragraphs 34 to 36.

47 Regulations made by the European Commission under Section 1 or Section
3 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
marketed in Northern Ireland notwithstanding the amendments made by
30paragraphs 37 to 45.