{
  "url": "https://openlegislation.uk/agriculture-act-1957/section-5",
  "json_url": "https://openlegislation.uk/agriculture-act-1957/section-5.json",
  "legislation": "ukpga/Eliz2/5-6/57",
  "legislation_title": "Agriculture Act 1957",
  "legislation_url": "https://openlegislation.uk/agriculture-act-1957",
  "path": "section/5",
  "kind": "section",
  "number": "5",
  "heading": "Power to make provision for protection of guarantees.",
  "text": "(1) For the purpose of supporting any arrangements in force by virtue of an order under section one of this Act, and in particular of securing that payments (whether made by or on behalf of the Minister under any such order or by a Board to whom payments are so made) are made in proper cases only, the Minister may by order make provision—\n(a) for requiring that produce to which the order applies (being produce eligible for such payments as aforesaid or produce of any class or description which includes produce eligible for such payments) shall be marked in such circumstances, in such manner, for such prupose, and by or under the supervision of such person, as may be prescribed by or under the order;\n(b) for prohibiting the removal from markets or other places where produce is required to be marked in pursuance of the order of any produce to which the order applies which has not been so marked;\n(c) for requiring the production, or the keeping and production, by merchants or other persons of books, accounts or records relating to the purchase, sale or use of produce to which the order applies;\n(d) for enabling authorised officers of the Minister to enter upon land used for the production, storage, grading, packing, slaughter or sale of any produce to which the order applies, and to inspect and take samples of any such produce found upon land so used;\n(e) for any other matters for which provision appears to the Minister to be necessary or expedient for the purposes described in this subsection.\n(2) Without prejudice to the generality of paragraph (e) of subsection (1) of this section, an order under this section which applies to produce being livestock may prohibit the use for breeding or milking of any livestock marked as eligible for payments in pursuance of an order under section one of this Act.\n(3) Without prejudice to the generality of the said paragraph (e), an order under this section which applies to produce being potatoes may prohibit—\n(a) the sale or use for human consumption (including use in the preparation of food for human consumption);\n(b) the sale or use for planting;\nof potatoes purchased by or on behalf of the Minister or any Board in pursuance of an order under section one of this Act and sold by him or them as stockfeed.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Act repealed (S.) (16.6.2025) by Agriculture and Rural Communities (Scotland) Act 2024 (asp 11), s. 38(2), sch. 2 Pt. 1; S.S.I. 2025/167, reg. 2, sch."
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Power to extend s. 5 (E.W.) (S.) given by Agriculture Act 1967 (c. 22), s. 3(1)"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 5 applied (with modifications) by 1972 c. 68, s. 6(3) (as amended (15.11.2001) by S.I. 2001/3686, reg. 3(b))"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "S. 5(1)(d) amended by Agriculture Act 1967 (c. 22), ss. 3(2), 70(1) and Agriculture Act 1970 (c. 40), s. 11(2)"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "S. 5 extended by European Communities Act 1972 (c. 68, SIF 29:5), s. 6(4)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/Eliz2/5-6/57/section/5",
    "retrieved_at": "2026-10-29T11:13:33.448642+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}