Huw Irranca-Davies MS, Deputy First Minister and Cabinet Secretary for Climate Change & Rural Affairs
Members of the Senedd will wish to be aware that we are giving consent to the Secretary of State exercising a subordinate legislation-making power in a devolved area in relation to Wales.
Agreement was sought by Baroness Hayman, Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, to make a Statutory Instrument (SI) entitled The Organic Production (Amendment) Regulations 2025 to apply in relation to Great Britain.
The above titled SI will be made by the Secretary of State in exercise of powers conferred by Article 22 (2)(b) of Council Regulation (EC) No 834/2007 on organic production and labelling of organic products, as they are “necessary in order to ensure access to feed, seed and vegetative propagating material, live animals and other farm inputs, where such inputs are not available on the market in organic form”.
‘Article 38a(3) provides the WMs can provide their consent for the SoS to make regulations in relation to Wales.’
The Retained EU Regulation (EC) No 889/2008 permits time-limited derogations to be granted for the use of non-organic pullets (young chickens) in organic egg production, for the use of non-organic gellan gum in organic production and for the inclusion of up to 5% non-organic protein feed for pigs and poultry.
While these Regulations make provision in a devolved area of competence, these regulations are minor and ensure alignment for producers across the nations. As such, it is expedient to introduce a Great Britain-wide Statutory Instrument on this occasion.
These regulations expired on 31 December 2025, to allow the extension of the existing transitional provisions for Marketing Standards and Organic Products to 31 December 2026.
The regulations were laid before Parliament on 22 October 2025 to come into force on 1 January 2026.