Part 5: Marketing Standards, Organic Products and Carcass Classification Section 39: Organic products: supplementary
Section 39 explains who can make the regulations under section 38 and other technical issues related to their making.
	Under subsection (1) the Secretary of State can exercise the power across the UK, including in relation to devolved matters. Scottish Ministers, Welsh Ministers and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland can regulate organics in their areas as far as they can exercise powers within their devolved competences.
	Subsection (2) states that the Secretary of State may only make regulations under section 38 containing provision which could be made by an authority in subsection (1)(b) to (d) with the consent of that authority.
	Subsections (3) and (4) relate to the parliamentary procedure to be used for making provisions. The affirmative resolution procedure is to be used where the powers relate to the objectives, principles and standards of organic production as referred to in section 38(3) or where section 50 (5) applies. Otherwise the affirmative resolution procedure will apply on first use and the negative procedure thereafter.