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Agricultural Production and Marketing (Volume 1A (2023))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Agricultural Production and Marketing (Volume 1A (2023))

If it's not in Halsbury's then it's not the law.

Covering every proposition of the law of England and Wales, however niche, Halsbury's Laws provides all your legal answers in a single source.

TAKE A FREE TRIAL

Agricultural Production and Marketing (Volume 1A (2023))

Contributor

STOP PRESS: Genetic Technology (Precision Breeding) Act 2023

1. Agricultural Subsidies, Financial Assistance and Grants

1. The common agricultural policy and transitional provision following withdrawal from the European Union.

2. Milk and sugar quotas.

3. Payments for the 2020 claim year under the Direct Payments to Farmers (Legislative Continuity) Act 2020.

4. The agricultural transition period for England and the phased termination of relevant payments.

5. Power to make delinked payments.

6. Power to provide for lump sum payments in lieu of relevant payments.

7. WTO Agreement on Agriculture.

8. Powers to give financial assistance.

9. Forms, conditions, delegation and publication of information.

10. Checks, enforcement and monitoring.

11. Multi-annual financial assistance plans.

12. Reports on amount of financial assistance given and monitoring of impact.

13. Power to modify common agricultural policy provisions connected with payments to farmers and other beneficiaries.

14. Power to modify provisions relating to rural development.

15. Power to provide financial assistance in relation to continuing EU programmes.

16. Grants for schemes to give financial assistance to farmers.

17. Improvement grants.

18. Improvements on land subject to rights of common.

19. Schemes.

20. Relinquishment of uncommercial units.

21. Loans for amalgamations and boundary adjustments.

22. Promotion of amalgamations and boundary adjustments by the Secretary of State.

23. Recovery of grant and revocation of approval.

24. Offences.

25. Power to make grants.

26. Power to make schemes.

27. Payment and revocation of grants.

28. Supplementary provisions as to capital grants.

29. Penalties for false statements to obtain grants.

30. Grants in respect of farm businesses.

31. Grants in respect of farm woodlands.

2. Management of Land Used in Agriculture

32. 'Agriculture', 'agricultural', 'agricultural land' and 'farming'.

33. Rules of good estate management.

34. Rules of good husbandry.

35. Enforcement of rules of good estate management and good husbandry.

36. Restriction on removal of surface soil.

3. Seeds and other Propagating Material

37. Seeds regulations.

38. Statutory statements.

39. Publication of notices.

40. Powers of entry.

41. Taking and use of samples.

42. Tampering with samples.

43. Testing of samples.

44. Certification of test results.

45. Evidential value of test certificates.

46. Instituting proceedings.

47. Regulations controlling sale and marketing of vegetable and fruit plant material.

48. Regulations controlling sale and marketing of plant material for propagation or production of ornamental plants.

49. Registration of suppliers.

50. Marketing of propagating material.

51. Propagating material to be marketed in lots.

52. Quality requirements for propagating material.

53. Maintenance of standards of material.

54. Importation of propagating material.

55. Information to accompany marketed material.

56. Record-keeping.

57. Marketing of seed potatoes.

58. Importation of hemp.

4. Fertilisers and Feedingstuffs

59. 'Fertilisers' and 'feedingstuffs'.

60. 'Sale' and 'use'.

61. Scope of legislation.

62. Statutory statements.

63. Marking of material prepared for sale.

64. Use of names or expressions with prescribed meanings.

65. Particulars to be given of certain attributes claimed.

66. Warranty of fitness of feedingstuff.

67. Power to make regulations.

68. Regulations concerning fertilisers.

69. Purchaser's right to have sample taken and analysed.

70. Powers of inspection and taking samples.

71. Division of samples and sending for analysis.

72. Analysis of samples by agricultural analyst.

73. Analysis by Government Chemist.

74. Enforcement authorities, inspectors and analysts.

75. Tampering with samples and disclosure of information.

76. Venue for prosecutions.

77. Offences due to fault of another person and by bodies corporate.

78. Defence of mistake, accident, etc.

79. Analysis by Government Chemist pursuant to proceedings for an offence.

80. Designation and marketing of UK fertilisers.

81. Enforcement of regulations concerning marketing of UK fertilisers.

82. Compliance notices.

83. Remedial action and seizure.

84. Safeguard measures.

85. Restrictions on use of sludge.

86. Precautions to be taken after sludge is used.

87. Restrictions on supply of sludge.

88. Restrictions on production and sale of crops grown on sludge disposal sites.

89. Testing sludge.

90. Testing soil.

91. Records of use and production of sludge.

92. General Retained EU food law requirements.

93. Feed hygiene.

94. Controlling animal feed additives.

95. Placing on the market and use of feed.

96. Control of genetically modified feed.

97. Undesirable substances in products intended for animal feed.

98. Feed intended for particular nutritional purposes.

99. Prohibition on adding radioactive substances to animal feed.

100. The applicable law.

101. The enforcement authorities.

102. Feed business improvement notices.

103. Feed business prohibition orders.

104. Emergency prohibition notices and orders.

105. Enforcement powers of officers.

106. Sampling and analysis.

107. Official controls.

108. Powers of Secretary of State concerning production and distribution of feedingstuffs.

109. Incorporation of veterinary medicinal products into animal feedingstuffs.

110. Trade of feedingstuffs containing veterinary medicinal products between countries.

111. Top dressing.

112. Records.

113. Labelling.

114. Possession, placing on the market and use of feedingstuffs.

115. Supply of specified feed additives.

116. Supply of a premixture.

117. Supply of a complementary feedingstuff.

118. Supply of feedingstuffs containing a veterinary medicinal product.

119. Storage, packaging and transportation.

120. Prescriptions.

121. Restrictions on access to animal by-products.

122. Use of organic fertilisers and soil improvers.

123. Placing on the market.

124. Reporting of test results.

125. Staining.

126. Procedure for registration of plants and establishments.

127. Offences, penalties and enforcement.

128. Local authority powers to collect kitchen waste for animal feedingstuffs.

129. Access to, and restriction and disposal of, unlawful feedingstuffs.

5. Protection of Crops

130. Meaning of 'pests'.

131. Control of introduction of pests.

132. Control of spread of pests.

133. Dealing with infected crops.

134. Execution of control by local authorities.

135. Prevention of damage by wild animals and birds.

136. Further powers concerning rabbits.

137. Rabbit clearance areas and rabbit clearance orders.

138. Prevention of escape of captive animals.

139. Prevention of importation and keeping of destructive animals.

140. Regulations and licences for the importation and keeping of destructive animals.

141. Destruction of animals at large.

142. Compensation.

143. Occupier's duty.

144. Penalty for non-compliance and default powers.

145. Entry and inspection.

146. Restrictions on the sale etc of wild plants.

147. Prevention of injurious cross-pollination affecting seed crops.

148. Prevention of injurious cross-pollination affecting hop plants.

6. Pesticides and Plant Protection Products

149. Power to control pesticides and plant protection products.

150. Regulation of manufacture and use of pesticides.

151. Marketing and use of plant protection products.

152. Marketing and use of adjuvants.

153. Seeds treated with plant protection products.

154. Packaging and labelling requirements.

155. Prohibition on advertisement.

156. Enforcement.

157. Restriction on possession or use of pesticides harmful to wildlife.

158. Enforcement.

159. Power to require information.

160. Codes of practice.

7. Livestock

161. Restrictions on the movement of pigs, cattle, goats and sheep.

162. Movements that do not trigger a standstill period.

163. Permitted movement during standstill.

164. Isolation facilities.

165. Restrictions on movements to and from slaughterhouses.

166. Requirement for a general licence to move animals.

167. Notices prohibiting movement under a general licence.

168. Specific licences.

169. Movement documents for deer.

170. Notification requirements when moving pigs.

171. Marking of livestock.

172. Cattle identification and registration.

173. Identification of sheep and goats.

174. Identification of pigs.

175. Classification, identification and presentation of bovine, pig and sheep carcasses.

176. Control of rams.

177. Breeding of pigs.

178. Pure-bred animals for breeding.

179. Artificial breeding of livestock.

180. Welfare of animals kept for farming purposes.

181. Fur farming.

182. Control and eradication of disease.

183. Worrying and injuring livestock.

184. Welfare of animals in transit and at markets.

185. Regulation of slaughterhouses.

186. Regulation of the red meat industry in Wales.

8. Marketing of Agricultural Produce

187. Regulation of marketing of agricultural produce in the United Kingdom in general.

188. Marketing standards of agricultural products under the Agriculture Act 2020.

189. Agricultural Marketing Reorganisation Commissions.

190. Schemes for the marketing of agricultural products.

191. Contents of marketing schemes.

192. Regulation of sales.

193. Board's trading powers and ancillary provisions.

194. Powers of entry and inspection of accounts.

195. Submission and approval of marketing schemes.

196. Poll of registered producers.

197. Amendment and revocation of schemes.

198. Consolidation of schemes.

199. Substitutional schemes.

200. Annulment of certain contracts.

201. Saving for certain contracts.

202. Registration of protected contracts.

203. Constitution of marketing boards.

204. Executive committees.

205. Establishment of disciplinary committees.

206. Registration of producers.

207. Proceedings and penalties for contraventions of schemes.

208. Enforcement and recovery.

209. Restrictions on disclosing information.

210. Intervention on competition grounds.

211. Intervention in the public interest.

212. Reports to Parliament.

213. Payments, contributions, accounts and compensation.

214. Loans and grants by or to marketing boards.

215. Investment of surplus funds.

216. Agricultural Marketing Fund.

217. Loans to marketing boards.

218. Control of sales.

219. Penalties.

220. Schemes for the payment of grants.

221. The Food Industry Development Scheme.

222. Eggs for hatching and chicks.

223. Eggs in shells for consumption.

224. Regulation of the marketing of hops.

225. Sale of hops and use of imported hops in manufacture of hop products.

226. Keeping of records.

227. Certification, sealing and marking.

228. Monitoring of hop processing.

229. Brewers' declarations.

9. Horticulture and Horticultural Marketing

230. Horticulture and agriculture.

231. Duty to keep and deliver particulars of sale.

232. Penalties for breach of duty.

233. Inspection of records and books.

234. Requirement to comply with marketing standards.

235. Derogation from specific marketing standards.

236. Offences relating to marketing rules.

237. Powers of authorised officers.

238. Powers to affix a re-graded label.

239. Powers to affix an out-graded label.

240. Powers to affix a labelling defect label.

241. Powers to control the movement of horticultural produce.

242. Powers to affix a stop notice label.

243. Consent to move controlled horticultural produce.

244. Defences.

245. Application of the Agriculture and Horticulture Act 1964.

246. Duties as to grading of produce.

247. Offences in connection with grading.

248. Defences in proceedings for unlawful sale of regulated produce.

249. Authorised officers' powers of entry and regrading.

250. Prohibition of movement of produce.

251. Movement of controlled produce by consent.

252. Offences in connection with the movement of controlled produce.

253. Obstruction of authorised officers.

254. Offences by corporations.

255. Rights under statute.

256. General exemptions.

257. Exemption for farm saved seed.

258. Grant of rights by Controller of Plant Variety Rights.

259. Requirement of distinctiveness.

260. Requirement of uniformity.

261. Requirement of stability.

262. Requirement of novelty.

263. Granting of rights where there is more than one applicant.

264. Timing of the application.

265. Period for which rights are exercisable.

266. Circumstances in which rights may be declared null and void.

267. Termination of rights.

268. Suspension of rights.

269. Selection and registration of names for plant varieties.

270. Use of registered name.

271. Plant breeders' rights granted under previous legislation.

272. False representations as to rights.

273. Infringement of rights actionable.

274. Enforcement of rights in respect of harvested material.

275. Presumptions in proceedings relating to harvested material or to products made from harvested material.

276. Compulsory licensing of plant breeders' rights.

277. Right to make representations to Controller.

278. Content and effect of compulsory licences.

279. Breach of licence obligations.

280. Legislation relating to the protection of biotechnological inventions.

281. Applications for compulsory patent licences.

282. Consideration of applications and grant of licences.

283. Scope and conditions of patent licences.

284. Cross licences.

285. Variation and revocation of compulsory plant licences and cross licences.

286. Appeals.

287. Applications for compulsory plant variety licences.

288. Consideration of applications and grant of licences.

289. Scope and conditions of plant variety licences.

290. Cross licences granted by Controllers.

291. Variation and revocation of compulsory plant variety licences and cross licences.

292. Appeals.

293. Proceedings concerning compulsory patent licences and cross licences.

294. Proceedings concerning compulsory plant variety licences and cross licences.

295. Establishment and continuation of office.

296. Regulations concerning functions of Controller.

297. Tests and trials.

298. Inspection of reports and records.

299. The tribunal.

300. Jurisdiction to hear appeals against decisions of Controller of Plant Variety Rights.

301. Bringing the appeal.

302. Withdrawing an appeal.

303. Hearing the appeal.

304. Attendance and procedure.

305. Decisions, enforcement and further appeals.

10. Organic Products

11. Employment in Agriculture

307. Employment protection, wages and safety.

308. Health and safety regulations.

309. Compliance with health and safety regulations.

310. Notification, recording and investigation of accidents.

311. Employment of children.

312. Training in agriculture.

313. Grants for proficiency testing.

314. Regulation of activities of gangmasters.

315. Acting as a gangmaster.

316. Acting as a gangmaster other than under the authority of a licence.

317. Entering into arrangements with unlicensed gangmasters.

318. Circumstances in which a licence is not required.

319. Appointment of enforcement officers.

320. Powers of arrest.

321. Powers of entry.

322. Power to request, obtain and supply information.

323. Commission of offences by bodies corporate, unincorporated associations and partnerships.

324. Proceeds of crime.

325. The Gangmasters and Labour Abuse Authority.

326. Functions of the Authority.

327. Information gateways.

328. Requests for assistance.

329. Licensing of gangmasters.

330. Expiration and renewal of licences.

331. Modification, revocation and transfer of licences.

332. Register of licensed persons.

333. Gangmaster licence conditions.

334. Obligation to act in a fit and proper manner.

335. Obligation to provide information.

336. Inspection of the business.

337. Prohibition on charging fees.

338. Prohibition on requiring workers to use additional services.

339. Restriction on taking detrimental action against workers who work elsewhere.

340. Restriction on providing workers in industrial disputes.

341. Restriction on paying workers' remuneration.

342. Restriction on charges to labour users.

343. Prohibition on withholding payment to workers.

344. Requirement to agree terms with workers and labour users.

345. Information to be obtained from and provided to labour users and workers.

346. Information to be obtained from and provided to labour users and workers.

347. Steps to be taken for the protection of the labour user and worker.

348. Protection of shellfish gatherers.

349. Travel expenses and living away from home.

350. Keeping of records and confidentiality.

351. Appeals against licensing decisions.

352. Bringing an appeal.

353. Acknowledgement, notification and reply.

354. Deciding the appeal without an oral hearing.

355. Fixing a date and time for an oral hearing.

356. The hearing.

357. Determining the appeal and recording the decision.

358. Civil liability for contravention of legislation.

359. Appointment and powers of compliance officers.

360. Communications requirements.

361. Tied cottages and agricultural accommodation.

362. Agricultural accommodation in Wales.

363. Accommodation for temporary workers.

12. Control of Agricultural Pollution

364. Introduction.

365. Integrated pollution prevention and control.

366. Environmental impact assessments for agricultural land projects.

367. Statutory nuisances arising from agricultural operations.

368. Burning of heather and rough grass.

369. Application for licences to burn heather and rough grass.

370. Grant or refusal of licences to burn heather and rough grass.

371. Regulation of permitted burning.

372. Burning of crop residues.

373. Fires affecting highways.

374. Pollution of waters arising from agricultural operations.

375. Nitrate pollution prevention.

376. Manufacture and use of pesticides, plant protection products, fertilisers, feedingstuffs and sludge.

377. The Water, Soil and Air Code.

13. Levies on Cattle, Sheep and Pigs

378. Pig industry levy under the Pig Industry Act 1983.

379. Imposition of a levy on cattle, sheep and pigs.

380. Exceptions to the levy.

381. Returns and payment of the levy by slaughterhouse occupier.

382. Returns and payment of the levy by exporters.

383. Enforcement of the levy.

384. Power to impose a levy on the red meat industry in Wales.

385. Payments between red meat levy bodies in Great Britain.

14. Administration

386. Ministerial powers and functions in respect of agricultural production and marketing.

387. Provision of goods and services.

388. Powers of entry and inspection.

389. Financial assistance powers to farmers and for the management of land.

390. Reports relating to free trade agreements.

391. Environmentally sensitive areas and countryside stewardship.

392. Purposes of the Agriculture and Horticulture Development Board.

393. Acting through subsidiaries.

394. Functions of the Agriculture and Horticulture Development Board.

395. Ballots.

396. Power to establish and dissolve boards.

397. Functions of boards.

398. Constitution of boards.

399. Royal Agricultural Society.

400. Royal Horticultural Society.

401. Power to obtain statistics.

402. Use and disclosure of information.

403. Offences and penalties.

404. Duty to report an analysis of statistical data relating to UK food security.

405. Creation and nature of an agricultural charge.

406. Fixed charges.

407. Floating charges.

408. Registration of charges.

409. Charges on property of registered societies.

410. Supplemental provisions as to agricultural charges.

411. Declaration of exceptional market conditions.

412. Power to give financial assistance and make public interventions.

413. Requirement to provide information in relation to agri-food supply chains.

414. Fair dealing obligations of business purchasers of agricultural products.

415. Applications to become recognised producer and interbranch organisations.