Agriculture (Wales) Act 2023

34 Marketing standards E+W

(1) The Welsh Ministers may, by regulations, make provision about the standards with which the agricultural products listed in Schedule 1 must conform when they are marketed in Wales.

(2) The regulations may, among other things, make provision about—

(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) 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 characteristics and the percentage of water content;

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

(g) farming and production methods, including oenological practices;

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

(i) the frequency of collection, delivery, preservation and handling;

(j) conservation methods and temperature, storage and transport;

(k) the place of farming or origin (but see subsection (3));

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

(m) specific use of products;

(n) conditions governing the disposal, holding, circulation and use of products that do not conform with the marketing standards, and the disposal of by-products;

(o) the use of terms communicating value-adding characteristics or attributes.

(3) Regulations under subsection (1) may not make provision about the matters referred to in subsection (2)(k) (the place of farming or origin) so far as they relate to live poultry, poultrymeat or spreadable fats.

(4) Regulations 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) about the keeping of records;

(e) imposing monetary penalties;

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

(g) 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);

(h) about licences, accreditations, authorisations and registration requirements;

(i) about appeals;

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

(5) Regulations under this section may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(6) The Welsh Ministers may, by regulations—

(a) amend Schedule 1 by adding an agricultural product to the list, removing a product from the list or altering the description of an agricultural product in the list;

(b) amend this section in connection with any such amendment.

Commencement Information

I1 S. 34 not in force at Royal Assent, see s. 56(4)

I2 S. 34 in force at 17.10.2023 by S.I. 2023/1092, art. 2(c)