§ Sir Teddy TaylorTo ask the Secretary of State for Environment, Food and Rural Affairs for what reasons the Department initiated proceedings against the Asda company in respect of the EU horticultural regulations relating to the size and shape of items of fruit; and what the costs involved were. [147012]
§ Alun Michael[holding answer 13 January 2004]: The Department instituted proceedings against Asda at South Hampshire Magistrates Court in respect of 14 1014W breaches of EU marketing standards identified during an inspection at the company's Fareham store on 1 November 2000. None of the alleged breaches relate to the size or shape of produce. The allegations relate to the retail of poor quality produce and failure to label with the correct quality class or country of origin.
The defendant argued in the courts that the offences with which it was charged were not known to law because the UK legislation establishing them was defective. These arguments were rejected by the House of Lords, which awarded Defra the costs of its appeals in the Divisional Court and the House of Lords. The quantum of these costs has not yet been determined.
The matters have been remitted to the magistrates court for trial. The costs of the case in the magistrates court will be decided at its conclusion as is usual practice.