The Horticultural Produce (Community Grading Rules) (England and Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations are concerned with the application of the Agriculture and Horticulture Act 1964 relating to the grading of horticultural produce, following the decision of the Divisional Court in Defra v ASDA Stores Ltd [2002] EWHC Admin 1335. The Divisional Court’s decision, which is the subject of an appeal to the House of Lords, has raised doubts about the extent of references to Community grading rules in the 1964 Act and the Grading of Horticultural Produce (Amendment) Regulations 1973 (S.I. 1973/22).

These Regulations provide for the references to “Community grading rules ” in sections 11(3) and 22(3) of the 1964 Act and regulation 2 of the 1973 Regulations, and in the provisions of Part 3 of the 1964 Act as modified by the 1973 Regulations, expressly to include the provisions of the Community Regulations listed in the Schedule to these Regulations.

The Regulations are made under the power contained in section 2(2) of the European Communities Act 1972 and also, in relation to the references in the 1973 Regulations and the provisions of Part 3 of the 1964 Act as applied with modifications by the 1973 Regulations, under the power contained in section 11(3) of the 1964 Act.