37Marketing standards
(1)The Secretary of State may by regulations, in relation to agricultural products that—
(a)are 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)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, 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 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 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)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)conferring functions (including functions involving the exercise of a discretion) 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)adding 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.