Law Weblog

DEFRA v Asda (2003) HL – below standard vegetables

Monday 22 December 2003 at 1:37 pm | In News | Post Comment

[EC Law – direct applicably – mechanism for ever changing Community Law]
D, ASDA were inspected by a DEFRA inspector who found vegetables below standard, contrary to section 14(1)(a) of the Agriculture and Horticulture Act 1964. ASDA successfully argued, at first instance, that this was not an offence known to law.

Held: Asda had contravened EC regulations, where vegatables do not comply with the minimum requirements laid down by Commission Regulation (EEC) 79/88. This regulation is ‘binding in its entirety and directly applicable in all Member States’, see see Antonio Muñoz y Cia SA v Frumar Ltd [2003] ECJ.

Compulsory grading and labelling of horticultural produce existed in this country before the United Kingdom joined the European Economic Community (the 1964 Act).  The 1964 Act was an enabling Act and subsequent Regulations from time to time laid down the standards for different fruit and vegetables.

When the United Kingdom joined the European Economic Community on 1 January 1973 there were already in existence Community regulations governing the grading of certain types of horticultural produce. So this country’s law on this topic had to be brought into line with the existing Community rules, which were “directly applicable”.

Whenever Community grading rules change, the relevant sections of the 1964 Act apply automatically, they become directly applicable in this country, this happens automatically.

The mechanism chosen by Parliament for implementing Community obligations is a matter of legislative choice for Parliament. Courts should not approach the interpretation of implementing statutes or regulations as though there were a presumption that they do not embrace future changes in Community legislation. There is no such presumption.

Case here