Agriculture Bill (HC Bill 106)

(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
5characteristics 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
10practices;

(h) coupage 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) 15the place of farming or origin, excluding live poultry and
poultrymeat;

(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
20use of products not in conformity with the marketing standards, and
the disposal of by-products;

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

(3) Regulations under sub-paragraph (1) may include provision about
25enforcement, 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) about the keeping of records;

(e) 30imposing monetary penalties;

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

(g) about appeals;

(h) 35conferring functions (including functions involving the exercise of a
discretion) on a person.

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

(5) Regulations under this paragraph are subject to affirmative resolution
40procedure.

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
45any 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) the table in any of Parts IX to XI of Annex 1 of the CMO Regulation
(fruit and vegetables other than olives);

(e) 5the 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) the table in Part XII of Annex 1 of the CMO Regulation (wine);

(h) the definition of “aromatised wine products” in Article 3 of the
10Aromatised Wine Regulation (aromatised wine).

(2) In sub-paragraph (1)—

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

(b) “the Aromatised Wine Regulation” means Regulation (EU) No 251/
152014 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
as amended from time to time before IP completion day.

(3) DAERA may by regulations amend this paragraph and paragraph 15 for or
20in 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
(1).

(4) Regulations under this paragraph are subject to affirmative resolution
25procedure.

Carcass classification

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

(2) 30Regulations under sub-paragraph (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) 35about the keeping of records;

(e) imposing monetary penalties;

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

(g) 40about 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
dwelling without a warrant issued by a lay magistrate.

(4) 45Regulations under this paragraph are subject to affirmative resolution
procedure.

Part 5 Data protection

18 (1) This 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
5of 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
the data protection legislation (but the duty or power is to be taken into
account in determining whether the disclosure or use would contravene that
10legislation).

(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

SCHEDULE 7 The CMO Regulation: consequential amendments

15Part 1 Exceptional market conditions: England

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

“A1 20This Article does not apply in relation to agricultural producers in
England.”

Part 2 Exceptional market conditions: Wales

2 In consequence of the provision made by paragraphs 6 and 7 of Schedule 5,
25in 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 Until the end of 2024 this Article does not apply in relation to
agricultural producers in Wales.”

30Part 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 In 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 5In 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 10In 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 15In 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
20beginning 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 25Paragraphs 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
30England (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
35Act 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 40In Article 119 (labelling and presentation in the wine sector: compulsory

particulars), 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 5In Article 122 (labelling and presentation in the wine sector: delegated
powers), 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
10procedure), 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).”

16 Regulations made by the European Commission under—

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

(b) 15any of points (p) to (t) of Article 20 of the CMO Regulation, or

(c) Article 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
203 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
marketed in England, notwithstanding the amendments made by
paragraphs 7 to 15.

Part 4 Marketing standards and carcass classification: Wales

18 25In consequence of the provision made in Part 4 of Schedule 5, the CMO
Regulation 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—

30““This paragraph does not apply to the classification, identification
and 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
35after the amendment made by paragraph 5) insert—

““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
40implementing powers), at the beginning (but after the amendment made by

paragraph 6) insert—

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

22 5In 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
relation to products marketed in Wales, include standards set in
regulations under paragraph 15(1) of Schedule 5 to the
10Agriculture Act 2020.”

23 In Article 75 (marketing standards: establishment and content), at the
beginning (but after the amendment made by paragraph 8) 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
152020).”

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

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in
20Wales (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
after the amendment made by paragraph 10) insert—

“7 Paragraphs 3 to 5 do not apply in relation to products marketed in
25Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

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

30““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 In Article 91 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendment made by paragraph
3512) insert—

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

28 In Article 119 (labelling and presentation in the wine sector: compulsory
40particulars), 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 In 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
5Wales (see paragraph 15(1) of Schedule 5 to the Agriculture Act
2020).”

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

10““This Article does not apply in relation to products marketed in
Wales (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) 15any of points (p) to (t) of Article 20 of the CMO Regulation, or

(c) Article 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
203 of Chapter 1 of Title 2 of the CMO Regulation continue to apply to products
marketed in Wales, notwithstanding the amendments made by paragraphs
22 to 30.

Part 5 Marketing standards and carcass classification: Northern Ireland

33 25In consequence of the provision made in Part 4 of Schedule 6, the CMO
Regulation 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—

30““This paragraph does not apply to the classification, identification
and 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
35powers in accordance with the examination procedure), after point (t) (and
after 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 40In 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
slaughterhouses in Northern Ireland (see paragraph 17(1) of
Schedule 6 to the Agriculture Act 2020).”

37 5In 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
relation to products marketed in Northern Ireland, include
marketing standards set in regulations under—

(a) 10paragraph 15(1) of Schedule 6 to the Agriculture Act 2020,
or

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

39 20In 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 Paragraphs 3 to 5 do not apply in relation to products marketed in
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
25Agriculture 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
after the amendments made by paragraphs 10 and 25) insert—

“8 Paragraphs 3 to 5 do not apply in relation to products marketed in
30Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020).”

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

35““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
Safety (Northern Ireland) Order 1991).”

42 In Article 91 (implementing powers in accordance with the examination
40procedure), 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
Northern Ireland (see paragraph 15(1) of Schedule 6 to the
Agriculture Act 2020 and article 15(1) of the Food Safety (Northern
45Ireland) 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
paragraphs 13 and 28) insert—

““Sub-paragraph (b) of this paragraph does not apply in relation to
5products 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
powers), at the beginning (but after the amendments made by paragraphs 14
and 29) insert—

“A3 10This 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 In Article 123 (implementing powers in accordance with the examination
procedure), at the beginning (but after the amendments made by
15paragraphs 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
Agriculture Act 2020).”

46 Regulations made by the European Commission under—

(a) 20Article 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,

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

47 25Regulations 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
paragraphs 37 to 45.