Angus Growers has won a major victory after a Scottish court confirmed its status as a producer organisation (PO).
The result brings to an end four years of uncertainty, during which a series of legal challenges and counter-challenges left the soft-fruit producer in limbo over its status.
Angus Growers had its PO recognition under the EU Fruit and Vegetable Aid Scheme withdrawn by the Rural Payments Agency in March 2010. The Arbroath-based producer then appealed, and this was upheld by the Scottish Land Court in February 2012.
However, Scottish ministers appealed that decision, leading to this week’s case at the Inner House of The Court of Session.
Lord Eassie's judgement read: “AG’s directors and its consultant found themselves locked in a frustrating correspondence in which, it seems, they were aiming at a constantly moving target. They conducted their side of the correspondence with unfailing courtesy and with unfailing patience, only to be visited at the last minute with the shock of the most drastic penalty that the RPA could impose. I regret to say that in my opinion the RPA emerges from this case with no credit.
“Of the present proceedings all that needs be said in the light of the Land Court’s findings is that the submissions presented to us on behalf of the Scottish ministers were impossible to sustain.”
John Lang, chairman of Angus Growers, stated: “The decision has been welcomed by the growers, whose production includes Good Natured Fruit, AVA and Islay strawberries. Exclusion from the scheme has put us at a serious disadvantage and this reinstatement means we will now be able to invest for the future to meet the growing demand for fresh, high-quality Scottish soft fruit.”