The European Commission this week abolished more than 100 pages of rules and regulations governing the size, shape and color of various vegetables and fruits sold in member countries. The rules reportedly included prescriptions dictating that green asparagus must be green for 80 percent of its length and a cauliflower head must exceed 11 centimeters in diameter. Although it retained the marketing standards for apples, pears, citrus fruits, strawberries, and tomatoes, the commission repealed those pertaining to apricots, artichokes, asparagus, avocados, beans, Brussels sprouts, carrots, cauliflower, cherries, chicory, courgettes, cucumbers, cultivated mushrooms, eggplant, garlic, hazelnuts in shell, headed cabbages, leeks, melon, onions, peas, plums, rubbed celery, spinach, walnuts in shell, and watermelon.

Organic farmers have greeted the demise of the regulations as a boon to their niche market, which is “about inner quality, not outer appearance,” according to Soil Association Director Patrick Holden. Large retailers like Sainsbury’s, Tesco and Asda also backed the repeal because individual store managers faced prosecution for “illegal” vegetables under the old laws. Supermarkets can begin selling “ugly” produce in July 2009.

EU Agriculture Commissioner Mariann Fischer Boel moved to relax the restrictions on less-than-perfect produce despite opposition from France, Italy, Spain and Greece. She argued that eliminating these arcane standards, which citizens have long ridiculed, will reduce waste, encourage healthier eating and alleviate the impact of higher food prices. “This marks the new dawn for the curvy cucumber and the knobbly carrot,” Boel was quoted as saying. See The London Times, November 12, 2008; The Associated Press, November 13, 2008.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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