Agriculture Bill (HC Bill 7)

(4) A payment made under the scheme is to be treated by the levy body receiving
it as if it were red meat levy collected by that body.

(5) The scheme may make supplementary, incidental or consequential provision
(including provision conferring functions).

(6) 5A levy body must comply with any requirement imposed on it by the scheme.

(7) The scheme—

(a) is to be made jointly by—

(i) the Secretary of State, if it involves the levy body for England,
and

(ii) 10the Scottish Ministers, if it involves the levy body for Scotland,
and

(iii) the Welsh Ministers, if it involves the levy body for Wales;

(b) must be published in such manner as may be determined by the
authorities making it.

(8) 15For the purposes of this section the levy bodies for the countries in Great
Britain are—

(a) for England, the Agriculture and Horticulture Development Board;

(b) for Scotland, Quality Meat Scotland;

(c) for Wales, the person for the time being exercising the Welsh Ministers’
20function of imposing levy on slaughterers under section 4 of the Red
Meat Industry (Wales) Measure 2010 (nawm 3).

(9) In this section, “red meat levy” means—

(a) in relation to the levy body for England, producer levy imposed on
slaughterers under Schedule 3 to the Agriculture and Horticulture
25Development Board Order 2008 (S.I. 2008/576S.I. 2008/576);

(b) in relation to the levy body for Scotland, producer levy imposed on
slaughterers under Schedule 3 to the Quality Meat Scotland Order 2008
(S.S.I. 2008/77S.S.I. 2008/77);

(c) in relation to the levy body for Wales, the production component
30(within the meaning of Schedule 2 to the Red Meat Industry (Wales)
Measure 2010) of levy imposed on slaughterers under section 4 of that
Measure.

34 Agricultural tenancies

Schedule 3 makes provision in relation to agricultural tenancies.

35Part 5 Marketing standards, organic products and carcass classification

35 Marketing standards

(1) The Secretary of State may by regulations, in relation to agricultural products
that—

(a) 40are listed in Schedule 4, and

(b) are marketed in England,

make provision about the standards with which those products must conform
(“marketing standards”).

(2) The regulations may cover matters such as—

(a) technical definitions, designation and sales descriptions;

(b) classification criteria such as grading into classes, weight, sizing, age
and category;

(c) 5the species, plant variety or animal breed or the commercial type;

(d) the presentation, labelling, packaging, rules to be applied in relation to
packaging centres, marking, years of harvesting and use of specific
terms;

(e) criteria such as appearance, consistency, conformation, product
10characteristics and the percentage of water content;

(f) specific substances used in production, or components or constituents,
including their quantitative content, purity and identification;

(g) the type of farming and production method, including oenological
practices;

(h) 15coupage of must and wine (including definitions of those terms),
blending and restrictions thereof;

(i) the frequency of collection, delivery, preservation and handling, the
conservation method and temperature, storage and transport;

(j) the place of farming or origin, excluding live poultry, poultrymeat and
20spreadable fats;

(k) restrictions as regards the use of certain substances and practices;

(l) specific use of products;

(m) the conditions governing the disposal, the holding, circulation and use
of products not in conformity with the marketing standards, and the
25disposal of by-products;

(n) the use of terms communicating value-added characteristics or
attributes.

(3) Regulations under subsection (1) may include provision about enforcement,
which may (among other things) include provision—

(a) 30about the provision of information;

(b) conferring powers of entry;

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

(d) about the keeping of records;

(e) imposing monetary penalties;

(f) 35creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
exceed level 4 on the standard scale);

(g) about appeals;

(h) conferring functions (including functions involving the exercise of a
40discretion) on a person.

(4) Regulations under subsection (1) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace.

(5) The Secretary of State may by regulations amend this section and Schedule 4
for or in connection with the purpose of—

(a) 45adding or removing an agricultural product from the list in Schedule 4;

(b) altering the description of an agricultural product in the list.

(6) Regulations under this section are subject to affirmative resolution procedure.

36 Organic products

(1) Regulations may make provision for and in relation to the certification of—

(a) organic products;

(b) activities relating to organic products;

(c) 5persons or groups of persons carrying out activities relating to organic
products.

(2) Regulations under subsection (1) may (without limitation) make provision—

(a) as to the persons (“certification authorities”) who are to carry out
functions relating to certification in the United Kingdom or overseas;

(b) 10requiring persons carrying out activities in relation to organic products
to notify certification authorities of those activities;

(c) relating to procedures for applications for certificates;

(d) as to the circumstances in which certificates may or may not be issued;

(e) for the suspension or withdrawal of certificates;

(f) 15prohibiting or restricting the sale or marketing of organic products—

(i) without certification provided for by regulations under this
section, or

(ii) where activities are or have been carried out in relation to the
products without certification provided for by regulations
20under this section.

(3) Regulations under subsection (1) may, in relation to certification under the
regulations, make provision (without limitation) about the objectives,
principles and standards of organic production, including those whose
purpose is—

(a) 25mitigating, or adapting to, climate change;

(b) protecting or improving natural resources;

(c) protecting or improving biodiversity (including protecting endangered
species);

(d) protecting or improving human health;

(e) 30protecting or improving the health or welfare of livestock or other
animals;

(f) protecting or improving the health of plants;

(g) protecting or improving the quality of soil;

(h) protecting or improving the landscape;

(i) 35promoting organic production or innovation in, or research into,
techniques of organic production;

(j) securing the maintenance of the principles of organic production;

(k) maintaining consumer confidence in organic products.

(4) Regulations under subsection (1) may (without limitation) make provision
40about the labelling, marketing and sale of organic products which are certified
under the regulations, including in particular prohibiting, requiring or
permitting labelling of a description specified in the regulations.

(5) Regulations may make provision in relation to the import of organic products
into the United Kingdom, including provision—

(a) 45as to the procedures to be followed in respect of the import of organic
products;

(b) restricting or prohibiting the import of organic products.

(6) The provision that may be made under subsection (5)(b) includes provision
framed by reference to cases where—

(a) imported organic products are certified by a person recognised in
accordance with the regulations as competent to—

(i) 5certify organic products as complying with provision made by
regulations under subsection (1), or

(ii) control or enforce standards relating to organic products
equivalent to those applicable in the United Kingdom;

(b) imported organic products are produced in an overseas country which
10is recognised in accordance with the regulations as controlling or
enforcing standards relating to organic products equivalent to those
applicable in the United Kingdom;

(c) imported organic products comply with conditions specified in an
international trade agreement.

(7) 15Regulations may make provision relating to the export of organic products
from the United Kingdom, including provision—

(a) requiring exports to be notified to a person specified in the regulations;

(b) as to other procedures relating to exports.

(8) Regulations under this section may include provision—

(a) 20prohibiting the sale or marketing of organic products, or other activities
relating to organic products, in cases of non-compliance with the
regulations;

(b) for the charging of fees in respect of functions exercisable under the
regulations (such fees not to exceed the reasonable cost of the exercise
25of the functions);

(c) relating to enforcement of the regulations.

(9) The provision that may be made under subsection (8)(c) includes provision—

(a) about the provision, use and retention of information (whether within
or outside the United Kingdom),

(b) 30conferring powers of entry,

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

(d) for the keeping of records,

(e) imposing monetary penalties,

(f) creating summary offences punishable with a fine (or a fine not
35exceeding an amount specified in the regulations), and

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

(10) Provision under subsection (9)(b) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace (or, in Northern Ireland, lay
40magistrate).

(11) In this section—

• “marketing” includes advertising;

• “organic production” means production of organic products (as to which,
  see subsections (12) and (13).

(12) 45In this section “organic product” means a qualifying product which is or is to
be—

(a) marketed or sold as “organic”;

(b) included as an ingredient or component of another product and
labelled as “organic” on the marketing or sale of that other product.

(13) In subsection (12) “qualifying product” means—

(a) an agricultural, horticultural or aquacultural product or a product of
5animal husbandry, or

(b) a product not falling within paragraph (a) which is intended for use as,
or in, food and drink for human consumption or animal feed.

37 Organic products: supplementary

(1) Regulations under section 36 may be made by—

(a) 10the Secretary of State, in any case;

(b) the Scottish Ministers, if and to the extent that provision made by the
regulations would be within the legislative competence of the Scottish
Parliament if contained in an Act of that Parliament;

(c) the Welsh Ministers, if and to the extent that provision made by the
15regulations would be within the legislative competence of the National
Assembly for Wales if contained in an Act of that Assembly (ignoring
any requirement for the consent of any person);

(d) DAERA, if and to the extent that provision made by the regulations
would be within the legislative competence of the Northern Ireland
20Assembly if contained in an Act of that Assembly made without the
Secretary of State’s consent.

(2) Regulations under section 36 are subject to affirmative resolution procedure
where—

(a) the regulations are made under subsection (1) of that section and
25contain provision referred to in subsection (3) of that section, or

(b) the regulations are made under subsection (1), (5) or (7) of that section
and they are the first regulations to be made under that subsection by
the authority making them.

(3) Regulations under section 36 to which subsection (2) does not apply are subject
30to negative resolution procedure (unless section 47(5) applies).

38 Carcass classification

(1) The Secretary of State may by regulations make provision about the
classification, identification and presentation of bovine, pig and sheep
carcasses by slaughterhouses in England.

(2) 35Regulations under subsection (1) may include provision about enforcement,
which may (among other things) include provision—

(a) about the provision of information;

(b) conferring powers of entry;

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

(d) 40about the keeping of records;

(e) imposing monetary penalties;

(f) creating summary offences punishable with a fine (or a fine not
exceeding an amount specified in the regulations, which must not
exceed level 4 on the standard scale);

(g) 45about appeals;

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

(3) Regulations under subsection (1) may not authorise entry to a private dwelling
without a warrant issued by a justice of the peace.

(4) 5Regulations under this section are subject to affirmative resolution procedure.

39 Power to reproduce modifications under section 35 for wine sector

(1) The Secretary of State may by regulations modify Annex 7 of the CMO
Regulation as it applies for the purposes of Section 2 of Chapter 1 of Title 2 of
that Regulation (designations of origin, geographical indications and
10traditional terms in the wine sector), so as to reproduce any modifications to
that Annex made by regulations under section 35(1).

(2) Regulations under this section are subject to negative resolution procedure
(unless section 47(5) applies).

Part 6 15WTO Agreement on Agriculture

40 Power to make regulations for securing compliance with WTO Agreement on
Agriculture: general

(1) The Secretary of State may make regulations for the purpose of securing
compliance with obligations of the United Kingdom under the Agreement on
20Agriculture.

(2) The provision which may be made under subsection (1) includes (among other
things)—

(a) provision made in accordance with section 41 (limits on the amount of
domestic support provided in the United Kingdom);

(b) 25provision falling within section 42 (classification by appropriate
authorities and provision of information to Secretary of State by
devolved authorities).

(3) Regulations under this section may—

(a) confer functions on a person other than the Secretary of State;

(b) 30provide for the Secretary of State to delegate functions;

(c) provide for a person to exercise a discretion in dealing with any matter.

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

(5) In this section and sections 41 and 42—

• “the Agreement on Agriculture” means the Agreement on Agriculture,
  35part of Annex 1A to the WTO Agreement (as modified from time to
  time);

• “appropriate authority” means—

  (a)

  the Secretary of State, or

  (b)

  a devolved authority;

• 40“devolved authority” means—

  (a)

  the Scottish Ministers,

  (b)

  the Welsh Ministers, or

  Agriculture BillPage 37

  (c)

  a Northern Ireland Department;

• “domestic support” means subsidies or other financial support that is
  regarded as domestic support for the purposes of the Agreement on
  Agriculture;

• 5“the WTO Agreement” means the agreement establishing the World
  Trade Organisation signed at Marrakesh on 15 April 1994.

41 Regulations under section 40: limits on provision of domestic support in the
United Kingdom

(1) This section applies in relation to any domestic support to which a specific
10limit in respect of the United Kingdom applies under the Agreement on
Agriculture (“domestic support of the relevant kind”).

(2) It is immaterial for the purposes of subsection (1) whether the domestic
support in question is identified by indicating what the limit applies to or by
indicating what it does not apply to (or by a combination of the two).

(3) 15Regulations under section 40 may make provision setting—

(a) a limit on the amount of domestic support of the relevant kind that may
be given in the United Kingdom as a whole;

(b) a limit for each of England, Wales, Scotland and Northern Ireland on
the amount of domestic support of the relevant kind that may be given
20in that country.

(4) The limit (if any) set under subsection (3)(a) may be less than the total amount
of domestic support of the relevant kind that is allowable to the United
Kingdom under the Agreement on Agriculture.

(5) Different limits may be set under subsection (3)(b) for different countries
25within the United Kingdom.

(6) A limit may be set under subsection (3)—

(a) by specifying a monetary amount,

(b) in the case of a limit under subsection (3)(b), by specifying a percentage
of—

(i) 30the limit under subsection (3)(a) (if any), or

(ii) the total amount of domestic support of the relevant kind that is
allowable to the United Kingdom under the Agreement on
Agriculture, or

(c) in any other way the Secretary of State considers appropriate.

(7) 35The regulations may provide for domestic support of a specified description
not to count towards any one or more of the limits set under subsection (3).

(8) When considering what limits to set under subsection (3), and what is or is not
to count towards the limits that are set, the matters that the Secretary of State
may take into account include—

(a) 40domestic support that is or may be given across the whole of the United
Kingdom, and

(b) financial support that—

(i) is or may be given in any territory outside the United Kingdom,
and

(ii) counts towards the total amount of support (or support of a
particular kind) that is allowable to the United Kingdom under
the Agreement on Agriculture.

42 Regulations under section 40: classification of domestic support and
5provision of information

(1) Regulations under section 40 may make the following kinds of provision.

(2) The regulations may make provision about the classification of domestic
support for the purposes of—

(a) the Agreement on Agriculture, or

(b) 10any limits set under section 41.

(3) The provision which may be made by virtue of subsection (2) includes
provision setting out—

(a) a process for the appropriate authorities to decide how different types
of domestic support should be classified (including reviewing and
15amending their existing classification);

(b) a process for the resolution of disputes between the appropriate
authorities regarding the classification of domestic support, which may
include provision making the Secretary of State the final arbiter on any
decision on classification.

(4) 20The regulations may make provision requiring a devolved authority to
provide information to the Secretary of State.

(5) The provision which may be made under subsection (4) includes—

(a) provision setting out or describing information that is required on a
regular basis for the purposes of—

(i) 25classifying domestic support;

(ii) enabling the United Kingdom to comply with its obligations
under the Agreement on Agriculture;

(b) giving the Secretary of State power to require a devolved authority to
provide other information for the purposes of—

(i) 30classifying domestic support (or resolving a dispute about its
classification);

(ii) enabling the United Kingdom to comply with its obligations
under the Agreement on Agriculture;

(iii) resolving a dispute with another party to the Agreement on
35Agriculture;

(iv) supporting or informing negotiations with other parties
relating to the Agreement on Agriculture (including in relation
to treaties that may amend or replace that Agreement);

(c) setting out time periods within which information must be provided.

40Part 7 Wales and Northern Ireland

43 Wales

Schedule 5 makes provision in relation to Wales.

44 Duration of provision in relation to Wales

(1) The following provisions expire at the end of 2024—

(a) section 43 and Schedule 5,

(b) section 49(b) and, in Schedule 7, Part 2,

(c) 5section 52(1)(g), and

(d) in section 53(3), paragraph (b) and, so far as relating to Part 2 of
Schedule 7, paragraph (c).

(2) Regulations made under paragraph 8(1) of Schedule 5 (power to modify EU
legislation in connection with declarations relating to exceptional market
10conditions) cease to have effect at the end of 2024 (so that any amendment
made by them ceases to have effect and any enactment repealed by them is
revived).

But see subsections (4) to (6) for saving provision.

(3) Otherwise, subsection (1) does not affect the continuation in force or effect of
15any regulations made, or other thing done, by virtue of Schedule 5 before the
end of 2024.

(4) Despite subsections (1) and (2), paragraphs 6 and 7 of Schedule 5, and
regulations made under paragraph 8(1) of that Schedule, continue to have
effect in relation to a relevant declaration.

(5) 20A “relevant declaration” means a declaration—

(a) made under paragraph 6(1) of Schedule 5 before the end of 2024 and
having effect (whether originally or as a result of a further declaration
made under paragraph 6(6) of that Schedule) for a period which ends
after the end of 2024, or

(b) 25made under paragraph 6(5) or 6(6) of that Schedule as continued in
effect by virtue of subsection (4).

(6) Subsection (2) does not affect the lawfulness of anything done in accordance
with retained direct EU legislation as modified by regulations made under
paragraph 8(1) of Schedule 5 before those regulations cease to have effect.

(7) 30The Welsh Ministers may by regulations make transitional, transitory or
saving provision in connection with this section.

(8) The provision which may be made by virtue of subsection (7) includes
provision modifying primary legislation, retained direct EU legislation or
subordinate legislation.

(9) 35Regulations under this section which contain provision modifying primary
legislation (with or without other provision) are subject to affirmative
resolution procedure.

(10) Other regulations under this section are subject to negative resolution
procedure.

45 40Northern Ireland

Schedule 6 makes provision in relation to Northern Ireland.

Part 8 General and final provisions

46 Data protection

(1) This section applies to a duty or power to disclose or use information where the
5duty or power is imposed or conferred by or under any provision of Parts 1 to
6.

(2) A duty or power to which this section applies does not operate to require or
authorise the disclosure or use of information which would contravene the
data protection legislation (but the duty or power is to be taken into account in
10determining whether the disclosure or use would contravene that legislation).

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

47 Regulations

(1) Any power conferred on the Secretary of State or the Welsh Ministers to make
15regulations under this Act is exercisable by statutory instrument.

(2) A power conferred on DAERA to make regulations under this Act is
exercisable by statutory rule for the purposes of the Statutory Rules (Northern
Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)S.I. 1979/1573 (N.I. 12)).

(3) Any power to make regulations under this Act includes power—

(a) 20to modify retained direct EU legislation;

(b) to make provision binding the Crown;

(c) to make different provision for different purposes;

(d) to make supplementary, incidental, consequential, transitional,
transitory or saving provision.

(4) 25The provision which may be made by virtue of subsection (3)(d) includes
provision modifying primary legislation, retained direct EU legislation or
subordinate legislation.

(5) Regulations which—

(a) contain provision made by virtue of subsection (3)(d) modifying
30primary legislation, and

(b) would, apart from this subsection, be subject to negative resolution
procedure,

are subject to affirmative resolution procedure.

(6) Where regulations under this Act are subject to affirmative resolution
35procedure, the regulations—

(a) if made by the Secretary of State, may not be made unless a draft of the
statutory instrument containing them has been laid before, and
approved by a resolution of, each House of Parliament;

(b) if made by the Scottish Ministers, are subject to the affirmative
40procedure (see section 29 of the Interpretation and Legislative Reform
(Scotland) Act 2010 (asp 10)2010 (asp 10));