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

    No doubt in admitting it, the Tribunal must observe the rules of natural justice, but this does not mean that it must be tested by cross-examination. 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. The legislation must not under the guise of dealing with one matter in fact encroach upon the forbidden field.

  • 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
  • Food (Scotland) Act 2015
    • Scotland
    • January 01, 2015
    ... ... for observations to be carried out on its behalf by any other person) with a view to obtaining information about—(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 ... (2) ... ...
  • Agriculture (Retained EU Law and Data) (Scotland) Act 2020
    • Scotland
    • January 01, 2020
    ... ... about the collection and processing of information connected with food supply chains and agricultural activities; and for connected purposes.The ... the percentage of water content,(f) specific substances used in production, or components or constituents, including their quantitative content, ... ...
  • Agriculture Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... and private storage aid; to make provision about reports on food security; to make provision about the acquisition and use of information ... of State must have regard to the need to encourage the production of food by producers in England and its production by them in an ... ...
  • The Food Safety and Hygiene (England) Regulations 2013
    • UK Non-devolved
    • January 01, 2013
    ... ... carries out the operations shall execute and enforce the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in ... ...
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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
  • Scientists study Listeria survival in food factories
    • LexBlog United Kingdom
    Bacterial populations remain stable despite cleaning efforts in ready-to-eat food facilities, according to researchers. Scientists from the Quadram Institute and UK Health Security Agency (UKHSA) a...
    ... ... from the Quadram Institute and UK Health Security Agency (UKHSA) are working on how Listeria persists in ready-to-eat (RTE) food production environments. Researchers hope that understanding how Listeria survives in these environments could inform better laboratory testing of cleaning ... ...
  • Consumers oppose different food safety rules in UK nations
    • LexBlog United Kingdom
    Outcomes from a workshop have shown that people don’t want diverging food safety standards between nations in the United Kingdom, according to research published by the Food Standards Agency (FSA)....
    ... ... views include thinking it would mean additional complications for businesses and consumers, impact trade, and lead to mistakes in food production and manufacturing. However, there was some support for regulatory divergence- both from the EU and across UK nations- if it reduced prices. Research ... ...
  • 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 ... ...
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