{"id":42,"date":"2003-12-22T13:37:54","date_gmt":"2003-12-22T13:37:54","guid":{"rendered":""},"modified":"2003-12-22T13:37:54","modified_gmt":"2003-12-22T13:37:54","slug":"defra-v-asda-2003-hl-below-standard-vegetables","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=42","title":{"rendered":"DEFRA v Asda (2003) HL &#8211; below standard vegetables"},"content":{"rendered":"<p><strong>[EC Law &#8211; direct applicably &#8211; mechanism for ever changing Community Law]<\/strong><br \/>D, ASDA were inspected by a DEFRA inspector who found vegetables below standard, contrary to&nbsp;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.<\/p>\n<p><\/p>\n<p><strong>Held<\/strong>: Asda&nbsp;had contravened&nbsp;EC regulations, where vegatables&nbsp;do not&nbsp;comply&nbsp;with the minimum requirements laid down by Commission Regulation (EEC) 79\/88. This regulation is &#8216;binding in its entirety and directly applicable in all Member States&#8217;, see see Antonio Mu\u00f1oz y Cia SA v Frumar Ltd [2003] ECJ.<\/p>\n<p><\/p>\n<p>Compulsory grading and labelling of horticultural produce existed in this country before the United Kingdom joined the European Economic Community (the 1964 Act).&nbsp; The 1964 Act was an enabling Act and subsequent Regulations from time to time&nbsp;laid down the standards for different fruit and vegetables.<\/p>\n<p><\/p>\n<p>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&#8217;s law on this topic had to be brought into line with the existing Community rules, which were &#8220;directly applicable&#8221;.<\/p>\n<p><\/p>\n<p>Whenever Community grading rules change, the relevant sections of the 1964 Act apply automatically, they become directly applicable in this country, this happens automatically.<\/p>\n<p><\/p>\n<p>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.<\/p>\n<p><\/p>\n<p>Case <a href=\"http:\/\/www.parliament.the-stationery-office.co.uk\/pa\/ld200304\/ldjudgmt\/jd031218\/asda-1.htm\">here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>[EC Law &#8211; direct applicably &#8211; mechanism for ever changing Community Law]D, ASDA were inspected by a DEFRA inspector who found vegetables below standard, contrary to&nbsp;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&nbsp;had contravened&nbsp;EC regulations, where vegatables&nbsp;do [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-42","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/42","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=42"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/42\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}