Food Production in UK Law

Leading Cases
  • R v Dairy Produce Quota Tribunal for England and Wales, ex parte Caswell and Another
    • House of Lords
    • 17 May 1990

    It follows that, when an application for leave to apply is not made promptly and in any event within three months, the court may refuse leave on the ground of delay unless it considers that there is good reason for extending the period; but, even if it considers that there is such good reason, it may still refuse leave (or, where leave has been granted, substantive relief) if in its opinion the granting of the relief sought would be likely to cause hardship or prejudice (as specified in section 31(6)) or would be detrimental to good administration.

  • Eastwood (W. & J. B.) Ltd v Herrod
    • House of Lords
    • 25 February 1970

    But here again there must be a limit. Everything is saleable at a price, so even storage for a time or very simple treatment is not strictly necessary. One must have regard to ordinary and reasonable practice. But there comes a stage when further operations cannot reasonably be said to be consequential on the agricultural operations of producing the crop. I agree with Lord Hunter when he said in Assessor for Midlothian v. Buccleuch Estates 1962 S.C. 453 at page 459:

    In the case of an ordinary farm the agricultural operations are those carried on outside the buildings, and the use of the buildings must be in connection with those operations. They may be so extensive that the only agricultural operations in the market garden are those carried on in those buildings. And even where crops are also grown outside, the use of the glass houses is often not in connection with the agricultural operations on the land outside.

    In order to answer the question it is next necessary to consider the uses to which the respective buildings are put so that it can be decided whether such uses are in connection with the agricultural operations on the land and are solely in connection with them. On the undisputed facts I consider that the answer must be in the negative. There are 20 of them and they are used to house the breeding stock. The Appellants buy day-old chicks (hens and cockerels).

  • Miller (T. A.) Ltd v Minister of Housing and Local Government
    • Court of Appeal (Civil Division)
    • 05 February 1968

    Most of the evidence here was on oath, but that is no reason why hearsay should not be admitted where it can fairly be regarded as reliable. It only means that the Tribunal must give the other side a fair opportunity of commenting on it and of contradicting it, see Board of Education v. Rice, 1911 Appeal Cases at p. 182: Reg, v. Deputy industrial Injuries Commissioner, Ex parte Moore, 1965, 1 Queen's Bench, p. 490.

  • The King (Lynn) v Gallagher
    • House of Lords
    • 01 January 1938

    If on the view of the statute as a whole you find that the substance of the legislation is within the express powers, then it is not invalidated if incidentally it affects matters which are outside the authorised field. An Act may have a perfectly lawful object e.g. to promote the health of the inhabitants but may seek to achieve that object by invalid methods e.g. a direct prohibition of any trade with a foreign country.

  • Eastwood (W. & J. B.) Ltd v Herrod
    • Court of Appeal (Civil Division)
    • 24 June 1968

    The question depends on the statutory definition contained in Section 2 of the Rating and Valuation (Apportionment) Act, 1928, which says: Agricultural land' means any land used as arable meadow or pasture ground only a and "land exceeding one quarter of an acre used for the purpose of poultry farming 'Agricultural buildings' means buildings (other than dwelling-houses) occupied together with agricultural land or being or forming part of a market garden, and in either case used solely in connection with agricultural operations thereon".

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Legislation
  • The Environmental Permitting (England and Wales) Regulations 2016
    • UK Non-devolved
    • January 01, 2016
    ...... unit whose main purpose is the generation of energy or production of material products and which uses waste as a regular or additional fuel ... Department for Environment, Food and Rural Affairs . 11th December 2016 . Lesley Griffiths . Cabinet ......
  • Food (Scotland) Act 2015
    • Scotland
    • January 01, 2015
    ...... . . (a) any aspect of the production or supply of food or food sources, or the consumption of food, or. . . (b) any aspect of the production, supply or use of animal feeding stuffs. . ......
  • Coronavirus Act 2020
    • UK Non-devolved
    • January 01, 2020
    ......Food supply Food supply . S-25 . Power to require information relating to ... any growing of plants, and any keeping of animals, for the production of food or drink; . “aquaculture” means the breeding, rearing, ......
  • Food Safety Act 1990
    • UK Non-devolved
    • January 01, 1990
    ......or examination may be made by any person acting under his. direction. . (8) In any proceedings under this Act, the production by. one of the parties— . . (a) of a document purporting to be a certificate given by. a food analyst or examiner under subsection (6). above; or. ......
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Books & Journal Articles
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Law Firm Commentaries
  • Protein Production, Recovery And Processing In Food Manufacture – Leveraging Patent Rights And Information From Patents
    • Mondaq UK
  • Brexit: Workforce Planning for the Future
    • JD Supra United Kingdom
    The UK’s decision to leave the EU will have major implications in the long term for many employers, particularly those in sectors which currently employ large numbers of EU nationals such as hospit...
    ...... employ large numbers of EU nationals such as hospitality, healthcare, food production, retail and construction. . The UK Government has stated its ......
  • UK public ready to pay to avoid hormones in beef and chlorinated chicken
    • LexBlog United Kingdom
    A number of UK consumers could be willing to pay more to avoid food made using production methods common in the United States but banned in Europe. Research from the School of Economics at the Univ...
    ...A number of UK consumers could be willing to pay more to avoid food made using production methods common in the United States but banned in ......
  • UK regulators call for nationwide review of meat-cutting plants
    • LexBlog United Kingdom
    Great Britain’s food regulators are calling for a nationwide review of all meat-cutting plants after the discovery of serious incidents at production facilities of two major suppliers, 2 Sisters Fo...
    ...Great Britain’s food regulators are calling for a nationwide review of all meat-cutting plants after the discovery of serious incidents at production facilities of two major suppliers, 2 Sisters Food Group and Russell Hume. ......
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Forms
  • Chapter BIM84050
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... in the UK of livestock or fish on a commercial basis for the production of food for human consumption. the taxpayer’s profits from it are ......
  • Chapter BIM55105
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... rearing of livestock or fish on a commercial basis for the production of food for human consumption. ......
  • Chapter DMBM585140
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... intensive rearing of livestock on a commercial basis, for the production of food for human consumption. Time limits for making a claim. An ......
  • Chapter IHTM24220
    • HMRC Inheritance Tax Manual
    • HM Revenue & Customs
    ...... and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming ......
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