Agriculture Act 2020

PART 4 Marketing standards and carcass classification

Marketing standards

16 (1) DAERA may by regulations, in relation to agricultural products that—

(a) are listed in paragraph 17(1), and

(b) are marketed in Northern Ireland,

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

(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) the 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 use 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 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) 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) conferring 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 procedure.

Agricultural products

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

(a) 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);

(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) 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) 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 Aromatised 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 251/2014 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 as amended from time to time before IP completion day.

(3) DAERA may by regulations amend this paragraph and paragraph 16 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 (1).

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

Carcass classification

18 (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) Regulations 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) about 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) 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 dwelling without a warrant issued by a lay magistrate.

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