Agriculture Bill (HC Bill 106)

December 2013 laying down common provisions on the European
Regional Development Fund, the European Social Fund, the
Cohesion Fund, the European Agricultural Fund for Rural
Development and the European Maritime and Fisheries Fund etc,

(e) 5Council Regulation (EC) No 1257/99 of 17 May 1999 on support for
rural development,

(f) Council Regulation (EEC) No 2080/92 of 30 June 1992 instituting a
Community aid scheme for forestry measures in agriculture,

(g) Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural
10production methods compatible with the requirements of the
protection of the environment and the maintenance of the
countryside, and

(h) retained direct EU legislation made under the retained direct EU
legislation in paragraphs (a) to (g).

(4) 15Regulations under this paragraph are subject to negative resolution
procedure (unless section 47(5) applies).

Part 2 Intervention in agricultural markets

Declaration relating to exceptional market conditions

6 (1) 20The Welsh Ministers may make and publish a declaration in accordance
with this paragraph if the Welsh Ministers consider that there are
exceptional market conditions which justify making the powers conferred
by or referred to in paragraph 7 available for use.

(2) In this Part “exceptional market conditions” exist where—

(a) 25there is a severe disturbance in agricultural markets or a serious
threat of a severe disturbance in agricultural markets, and

(b) the disturbance or threatened disturbance has, or is likely to have, a
significant adverse effect on agricultural producers in Wales in terms
of the prices achievable for one or more agricultural products.

(3) 30A declaration must—

(a) state that the Welsh Ministers consider that there are exceptional
market conditions which justify making the declaration,

(b) describe the exceptional market conditions in question, in particular
by specifying—

(i) 35the disturbance or threatened disturbance in agricultural
markets,

(ii) any agricultural product which is or is likely to be affected by
the disturbance or threatened disturbance, and

(iii) the grounds for considering that the conditions in sub-
40paragraph (2)(a) and (b) are met in relation to that
disturbance or threatened disturbance,

(c) describe the grounds for considering that the exceptional market
conditions justify making the powers conferred by or referred to in
paragraph 7 available for use, and

(d) 45state that the powers conferred by or referred to in paragraph 7 are
(unless the declaration is revoked sooner) available for use in

relation to the exceptional market conditions until such day as the
declaration may specify.

(4) A declaration has effect from when it is published until the end of the day
specified under sub-paragraph (3)(d) (which may not be later than the last
5day of the period of three months beginning with the day on which it is
published).

(5) The Welsh Ministers may revoke a declaration by making and publishing a
further declaration stating that the declaration is revoked.

(6) If at any time during the period of 7 days ending with the day specified
10under sub-paragraph (3)(d) the Welsh Ministers consider that—

(a) there continue to be exceptional market conditions, and

(b) they justify extending the availability of the powers conferred by or
referred to in paragraph 7,

the Welsh Ministers may make and publish a further declaration extending
15the effect of the original declaration for such period (not exceeding three
months) as the further declaration may specify.

(7) The fact that a declaration under this paragraph has expired or been revoked
does not prevent the Welsh Ministers from making and publishing another
declaration relating in whole or part to the same exceptional market
20conditions.

(8) A copy of any declaration made and published under this paragraph must
be laid before Senedd Cymru by the Welsh Ministers as soon as practicable
after it is published.

(9) In this paragraph and paragraph 7 a reference to agricultural markets,
25agricultural producers or agricultural products includes horticultural
markets, horticultural producers or horticultural products (as the case may
be).

Exceptional market conditions: powers available to Welsh Ministers

7 (1) This paragraph applies during the period for which a declaration under
30paragraph 6 has effect.

(2) The Welsh Ministers may give, or agree to give, financial assistance to
agricultural producers in Wales whose incomes are being, or are likely to be,
adversely affected by the exceptional market conditions described in the
declaration.

(3) 35The Welsh Ministers may also make such use as the Welsh Ministers
consider appropriate of any available powers under retained direct EU
legislation which provides for the operation of public intervention and aid
for private storage mechanisms, in response to a declaration under
paragraph 6.

(4) 40Financial assistance under sub-paragraph (2) may be given by way of grant,
loan or guarantee or in any other form.

(5) The financial assistance may be given subject to such conditions as the Welsh
Ministers consider appropriate.

(6) The conditions may (among other things) include provision under which the
financial assistance is to be repaid or otherwise made good (with or without
interest).

(7) Nothing in sub-paragraph (1) or (2) prevents the Welsh Ministers from
5giving, or agreeing to give, financial assistance under sub-paragraph (2)—

(a) after the end of the period for which the declaration has effect, but

(b) in response to an application duly made during that period.

Power to modify retained direct EU legislation relating to public market intervention and
private storage aid

8 (1) 10The Welsh Ministers may by regulations modify retained direct EU
legislation relating to public market intervention or aid for private storage,
for the purpose of altering the operation of provisions of such legislation so
far as they have effect in relation to Wales in connection with exceptional
market conditions which are the subject of a declaration under paragraph 6.

(2) 15The Welsh Ministers may by regulations modify retained direct EU
legislation relating to public market intervention or aid for private storage,
for either or both of the following purposes—

(a) securing that provisions of such legislation cease to have effect in
relation to Wales, otherwise than in connection with exceptional
20market conditions which are the subject of a declaration under
paragraph 6;

(b) altering the operation of provisions of such legislation, so far as they
have effect in relation to Wales otherwise than in connection with
such market conditions (pending the achievement of the purpose in
25paragraph (a) in relation to those provisions).

(3) The power conferred by sub-paragraph (1) includes power to make
modifications that apply only in relation to the exceptional market
conditions which are the subject of a particular declaration specified in the
regulations.

(4) 30The powers conferred by sub-paragraphs (1) and (2) include power to
change the agricultural products that are eligible for public market
intervention or aid for private storage.

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

(6) 35In this paragraph “retained direct EU legislation relating to public market
intervention or aid for private storage” includes—

(a) Articles 8 to 18 of the CMO Regulation;

(b) Council Regulation (EU) No 1370/2013 of 16 December 2013
determining measures on fixing certain aids and refunds related to
40the common organisation of the markets in agricultural products (so
far as relating to public market intervention and aid for private
storage);

(c) the following Commission Regulations (so far as relating to public
market intervention and aid for private storage)—

(i) 45Commission Delegated Regulation (EU) 2016/1238 of 18
May 2016 supplementing the CMO Regulation with regard to
public intervention and aid for private storage;

(ii) Commission Implementing Regulation (EU) 2016/1240 of 18
May 2016 laying down rules for the application of the CMO
Regulation with regard to public intervention and aid for
private storage;

(iii) 5Commission Delegated Regulation (EU) 2017/1182 of 20
April 2017 supplementing the CMO Regulation as regards
the Union scales for the classification of beef, pig and sheep
carcasses and as regards the reporting of market prices of
certain categories of carcasses and live animals.

(7) 10Until paragraph 2 of Schedule 7 (amendment of Articles 219, 220, 221 and
222 of the CMO Regulation) is in force, any reference in this paragraph to
exceptional market conditions which are the subject of a declaration under
paragraph 6 includes a reference to circumstances which are the subject of
measures under any of those Articles.

15Part 3 Collection and sharing of data

Agri-food supply chains: requirement to provide information

9 (1) The Welsh Ministers may require a person in, or closely connected with, an
agri-food supply chain to provide information about matters connected with
20any of the person’s activities connected with the supply chain so far as the
activities are in Wales.

(2) The Welsh Ministers may make regulations requiring a person in, or closely
connected with, an agri-food supply chain to provide information about
matters connected with any of the person’s activities connected with the
25supply chain so far as the activities are in Wales.

(3) See paragraph 10 for provision about—

(a) the meaning of “agri-food supply chain”,

(b) who is in such a supply chain, and

(c) who is closely connected with such a supply chain.

(4) 30Sub-paragraphs (1) and (2) do not apply in relation to individuals in a
supply chain so far as they are in the supply chain by reason of them, or
members of their households, being the ultimate consumers (see paragraph
10).

(5) A requirement imposed on a person under sub-paragraph (1) or (2) does not
35apply to so much of the information as the person would in legal
proceedings be entitled to refuse to provide on grounds of legal privilege.

(6) A requirement under sub-paragraph (1) must be in writing.

(7) Sub-paragraph (1) binds the Crown.

(8) Regulations under sub-paragraph (2) are subject to affirmative resolution
40procedure.

Meaning of “agri-food supply chain”

10 (1) This paragraph has effect for the purposes of this Part.

(2) An “agri-food supply chain” is a supply chain for providing individuals
with items of food or drink for personal consumption where the items
consist of or include, or have been produced using (directly or indirectly,
and whether or not exclusively), the whole or part of—

(a) 5anything grown or otherwise produced in carrying on agriculture,

(b) any creature kept in carrying on agriculture, or

(c) any creature or other thing taken from the wild.

(3) The persons in an agri-food supply chain are—

(a) those individuals (“the ultimate consumers”),

(b) 10the persons carrying on the agriculture or (as the case may be) taking
things from the wild, and

(c) anybody in the supply chain between those persons and the ultimate
consumers.

(4) The persons “closely connected” with an agri-food supply chain are—

(a) 15anybody supplying seeds, stock, equipment, feed, fertiliser,
pesticides, medicines or similar items to the persons within sub-
paragraph (3)(b) for use in the agriculture or taking,

(b) anybody providing, to persons within sub-paragraph (3)(b) or (c),
services related to—

(i) 20the health of creatures, or plants, involved in the supply
chain, or

(ii) the safety or quality of the food or drink to be provided to the
ultimate consumers,

(c) any person carrying on activities capable of affecting a matter
25mentioned in sub-paragraph (i) or (ii) of paragraph (b), and

(d) bodies representing persons within any of paragraphs (b) and (c) of
sub-paragraph (3) and paragraphs (a), (b) and (c) of this sub-
paragraph.

(5) Activities of the kind mentioned in sub-paragraph (4)(c) are to be treated for
30the purposes of paragraph 9(1) and (2) as connected with the supply chain,
but this is not to be read as limiting the generality of “connected” in
paragraph 9(1) and (2).

(6) In this paragraph—

• “agriculture” includes any growing of plants, and any keeping of
  35creatures, for the production of food or drink;

• “plants” includes fungi;

• “seeds” includes bulbs and other things from which plants grow.

Requirement must specify purposes for which information may be processed

11 (1) This paragraph applies to a requirement imposed under paragraph 9(1) or
40(2).

(2) The requirement must specify the purposes for which the information may
be processed.

(3) Each purpose specified must be in, or covered by, the list of purposes in sub-
paragraph (4).

(4) 45The list of purposes is as follows—

(a) helping persons in agri-food supply chains to—

(i) increase productivity,

(ii) manage risks (including, but not limited to, financial risks,
non-financial trading risks, climatic risks, and risks of or from
disease or pollution), or

(iii) 5manage market volatility;

(b) promoting transparency or fairness in agri-food supply chains;

(c) promoting the health, welfare or traceability of creatures of a kind
kept for the production of food, drink, fibres or leathers;

(d) promoting the health or quality of plants, fungi or soil;

(e) 10minimising adverse environmental effects of activities connected
with agri-food supply chains;

(f) minimising waste arising from activities connected with agri-food
supply chains;

(g) monitoring, or analysing, markets connected with agri-food supply
15chains.

(5) For the meaning of “agri-food supply chain” (and “person in” such a chain)
see paragraph 10.

Requirements under paragraph 9(1): duty to publish draft requirement

12 (1) Before a particular requirement is imposed under paragraph 9(1), the Welsh
20Ministers must have—

(a) published—

(i) a draft of the requirement,

(ii) a description of the persons on whom it is proposed that the
requirement may be imposed, and

(iii) 25the deadline for making comments on the draft, which must
not be earlier than 4 weeks after the date of publication, and

(b) decided, in the light of comments received before the deadline (and
any other relevant matters), whether the requirement should be
imposed in the terms of the draft or in revised terms.

(2) 30A requirement in the decided form may be imposed on a person at any times
after the decision when the person is within the published description.

Provision of required information and limitations on its processing

13 (1) This paragraph applies to a requirement imposed under paragraph 9(1) or
(2).

(2) 35Information provided in response to the requirement may be processed for,
but only for, purposes specified in the requirement (see paragraph 11).

(3) Sub-paragraph (2) applies—

(a) to the person to whom the information is provided, and

(b) to a person to whom the information is disclosed,

40but, in the case of a person within paragraph (b), sub-paragraph (2) does not
authorise processing contrary to the terms on which disclosure is made.

(4) Sub-paragraphs (2) and (3) are subject to sub-paragraphs (7) to (9).

(5) The requirement may specify how and when the required information is to
be provided, including (in particular)—

(a) the person to whom the information is to be provided (who may be
a person other than the Welsh Ministers);

(b) the form in which the information is to be provided;

(c) the means by which it is to be provided;

(d) 5the time or times at which, or by when, it is to be provided.

(6) The requirement must specify—

(a) the types of processing to which the information may be subjected,
and

(b) if the types of processing specified include disclosure of any kind, the
10forms in which the information may be disclosed.

(7) Information provided in response to the requirement—

(a) may not be subjected to types of processing other than those
specified in the requirement, and

(b) may not be disclosed in any form other than those specified in the
15requirement,

except in circumstances specified in the requirement.

(8) Sub-paragraph (9) applies if—

(a) information is provided in response to the requirement, and

(b) a person (“P”) proposes to make a disclosure of the information that
20is permitted by sub-paragraph (7).

(9) Where P proposes that the disclosure should be of the information otherwise
than in anonymised form—

(a) P must consider where the disclosure (if made in the form proposed)
would, or might, prejudice the commercial interests of any person,
25and

(b) if P considers that it would or might do so, the disclosure (if made)
must be of the information in anonymised form unless the Welsh
Ministers consider that it is in the public interest for the disclosure to
be of the information in some other form permitted by sub-
30paragraph (7) (in which event the disclosure may be of the
information in that other form).

(10) In this Part “processing”, in relation to information, means an operation or
set of operations which is performed on information, or on sets of
information, such as—

(a) 35collection, recording, organisation, structuring or storage,

(b) adaptation or alteration,

(c) retrieval, consultation or use,

(d) disclosure by transmission, dissemination or otherwise making
available,

(e) 40alignment or combination, or

(f) restriction, erasure or destruction.

Enforcement of information requirements

14 (1) The Welsh Ministers may by regulations make provision for enforcement of
a requirement imposed under paragraph 9(1) or (2).

(2) 45In the following provisions of this paragraph “specified” means specified in
regulations under sub-paragraph (1).

(3) In sub-paragraph (1) “enforcement” includes (in particular)—

(a) monitoring compliance,

(b) investigating non-compliance, and

(c) dealing with non-compliance.

(4) 5The provision that may be made by regulations under sub-paragraph (1)
includes (in particular)—

(a) provision for the imposition of monetary penalties for non-
compliance with requirements, whether penalties—

(i) of a specified amount,

(ii) 10of an amount calculated in a specified manner,

(iii) of an amount, not exceeding a specified maximum or a
maximum calculated in a specified manner, decided by a
specified person or a person of a specified description, or

(iv) by way of suspending, or withholding, payment of any
15amounts;

(b) provision for recovery of amounts due in respect of monetary
penalties, including provision for any of interest, set-off and security
for payment;

(c) provision about the giving of advice or warnings;

(d) 20provision for the acceptance of undertakings to take, or refrain from
taking, particular actions;

(e) provision giving persons functions in connection with enforcement
of requirements;

(f) provision about review of, or appeals against, things done (including
25decisions made) in connection with enforcement of requirements.

(5) In sub-paragraph (4)(a) “specified manner” includes (in particular) a manner
framed by reference to a specified matter such as a person’s profits, income
or turnover.

(6) Regulations under sub-paragraph (1) are subject to affirmative resolution
30procedure.

Part 4 Marketing standards and carcass classification

Marketing standards

15 (1) The Welsh Ministers may by regulations, in relation to agricultural products
35that—

(a) are listed in paragraph 16(1), and

(b) are marketed in Wales,

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

(2) 40The 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) the 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
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, poultrymeat
and spreadable 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
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 (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) 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 justice of the peace.

(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) entries (a) to (f) in the table in Part XVI of Annex 1 of the CMO
45Regulation (milk and milk products);

(b) where the product has a fat content of at least 10% but not more than
90% by weight, paragraphs (a) to (c) in Point 1 of Part VII of Annex
VII of the CMO Regulation (spreadable fats);

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

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

(e) 5the table in Part XIX of Annex 1 of the CMO Regulation (eggs and egg
products);

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

(g) the table in Part VII of Annex 1 of the CMO Regulation (olive oil and
10table olives);

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

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

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

(2) 15In 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/
2014 of the European Parliament and of the Council of 26 February
202014 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) The Welsh Ministers may by regulations amend this paragraph and
paragraph 15 for or in connection with the purpose of—

(a) 25adding 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
procedure.

30Carcass classification

17 (1) The Welsh Ministers may by regulations make provision about the
classification, identification and presentation of bovine, pig and sheep
carcasses by slaughterhouses in Wales.

(2) Regulations under sub-paragraph (1) may include provision about
35enforcement, 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) 40imposing 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) about appeals;

(h) 45conferring functions (including functions involving the exercise of a
discretion) on a person.