Part 5: Marketing Standards, Organic Products and Carcass Classification Section 38: Organic products
Section 38 provides the Secretary of State, and where applicable, the Devolved Ministers, with the powers to make provision relating to organic certification, the import and export of organic products and the enforcement of organic regulation. It allows the Secretary of State to make new organics regulations and amend the existing regime.
	Subsection (1) confers powers on the Secretary of State to make regulation in relation to organic certification, which is the principle means of regulating organics. Certification can be certification of organic products, of activities relating to organic production, including preparation, processing, distribution and marketing, and of persons carrying out activities relating to organic products.
	Subsections (2), (3) and (4) expand on subsection (1). Subsection (2)(a) allows the Secretary of State to make provision relating to "certification authorities". This allows certification activities to be delegated, for example by the Competent Authority to private Control Bodies, as in the current organics regime. Subsection (3) sets out a non-exhaustive list of purposes for which provisions may be made on the objectives, principles and standards of organic production in relation to organic certification. Subsection (4) expands on the provisions that may be made under subsection (1) in relation to labelling, marketing and sale of organic products.
	Subsection (5) confers a power on the Secretary of State to make provision in relation to the import of organic products into the United Kingdom. Subsection (6) expands on subsection (5) to set out the circumstances within which restrictions or prohibitions on the import of organic products may be made. These circumstances include where imports are recognised as compliant or equivalent with organic standards applicable in the United Kingdom, or where a trade agreement is in place.
	Subsection (7) confers power on the Secretary of State to make provision in relation to the export of organic products from the United Kingdom to overseas countries, including export procedures.
	Subsection (8)(a) confers a general power to prohibit marketing, sales or other organic production activities in cases of non-compliance, and subsection (8)(b) confers a power to make provision for the charging of fees in respect to functions relating to organic certification.
	Subsections (8)(c), (9) and (10) relate to enforcement, which is consistent with other enforcement sections in this Act.
	Subsections (11) and (12) define the terms "marketing", "organic production" and "organic product". Subsection (13) specifies the types of products that qualify for organic certification.