November 24, 2020
Salada Foods Jamaica Limited (SALF)has advised that, further to the Company’s filing of an urgent application against the Jamaica Agricultural Commodities Regulatory Authority (JACRA) in the Supreme Court of Judicature of Jamaica for, among other things, leave to apply for judicial review to seek orders of certiorari and mandamus for the decision taken by JACRA that pursuant to the Jamaica Agricultural Commodities Regulatory Authority Regulations 2018 section 19, SALF must now include 30% local coffee content in the production of its instant coffee powder with effect on September 1, 2020.
On Friday, November 13, 2020, Justice Nembhard delivered an oral judgement denying SALF’s application in which she ruled, among other things, that JACRA had the power under the Jamaica Agricultural Commodities Regulatory Authority Act to make regulations including regulation 19 and that instant coffee manufactured by SALF was the subject of regulation 19. She further rued that JACRA had no power to grant a waiver to the requirements under regulation 19 and accordingly SALF could not have a legitimate expectation that a waiver should be granted.
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