Part 5: Marketing Standards, Organic Products and Carcass Classification Section 37: Marketing standards
Section 37gives the Secretary of State a power to make provision relating to marketing standards for agricultural products marketed in England through regulations. This includes the ability to amend or revoke the current marketing standards as set out in retained EU legislation and in domestic legislation, as well as the flexibility to introduce new standards that will be tailored to suit the domestic agricultural sectors.
	Subsection (1) gives the Secretary of State the power to make provision concerning marketing standards through regulations.
	Subsection (1)(a) states that Schedule 4 contains the list of agricultural products for which marketing standards may be made.
	Subsection (1)(b) states that this power applies to products which are marketed in England.
	Subsection (2) outlines what matters the regulations made under subsection (1) may concern, for example, the matter of restrictions as regards the use of certain substances and practices, or classification criteria such as grading into classes, weight, sizing and age. The list is non-exhaustive but currently covers the remits of all existing EU marketing standards that will be retained via the EU (Withdrawal) Act 2018.
	Subsection (3) states that regulations made under subsection (1) may include provisions about enforcement. It also outlines what matters these enforcement regulations may concern, for example, conferring powers of entry, creating summary offences punishable with a fine and imposing monetary penalties. This list is non-exhaustive. This allows for the current marketing standards enforcement requirements to be replicated for any new standards which may be introduced, and for existing enforcement requirements to be amended as necessary.
	Subsection (4) states that regulations made under subsection (1) may not authorise entry to a private dwelling, without a warrant issued by a justice of the peace. "Private dwelling" is defined at section 51.
	Subsection (5) gives the Secretary of State the power to make regulations to amend section 37 or Schedule 4 for the reasons specified.
	Subsection (5)(a) gives the Secretary of State the power to add or remove products from the list in Schedule 4.
	Subsection (5)(b) gives the Secretary of State the power to alter the description of a product listed in Schedule 4.
	Subsection (6) states that regulations made under this section are subject to the affirmative resolution procedure.