PART 5Agricultural products
I137Marketing 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.