FOR years a battle has raged in the Wild West between the state’s self-proclaimed Spud King and the government authority which regulates the potato industry.

And yesterday that battle came to a head when the WA Supreme Court ruled that Tony Galati, WA’s largest potato producer and owner of the successful fruit and vegetable chain Spud Shed, could not grow extra potatoes.

Mr Galati, who has blatantly defied laws set down by the Potato Marketing Corporation of WA which stipulates just how many spuds a producer can grow, vowed the decision would not stop him from growing his prized vegetables and said he was prepared to go to prison for it.

“They won the injunction but believe me they are not going to stop us. We are going to grow spuds and sell them,” The West Australian reported him saying. “In 2015 the present Government should be absolutely embarrassed to drag us into the Supreme Court and get an injunction to stop us growing potatoes. I can’t believe it.

“I am not afraid to go to jail. I will do what it takes.”

WA is the only state in Australia that regulates the spud market.

The PMC not only places limits on the amount a producer can grow, it sets the prices, decides who can grow the vegetable as well as the varieties.

Mr Galati has been fighting for years to have the PMC disbanded arguing there’s no need for a regulator when one doesn’t exist for other vegetables such as broccoli or carrots.

He first came under fire from the authority two years ago over claims that he was producing more than his 1047 tonne quota, which is part of a commercial agreement between the parties.

Then earlier this year, the Mr Galati not only angered the authority further, but also other growers when he decided to giveaway more than 200 tonnes of potatoes that he claims he was told he could not sell.

As a result the PMC applied for an injunction against Mr Galati to prevent him from growing and selling extra spuds.

That injunction was granted yesterday.

In his decision WA Supreme Court Justice Paul Tottle said there was a “real danger” that if Mr Galati’s company was not restrained from selling excess potatoes, the PMC would not be able to regulate the market effectively.

“There is a real risk other growers and merchants who have operated in compliance with the Act will follow Mr Galati’s lead,” he said.

Justice Tottle said in those circumstances, damages to those who did not breach the act would not be an adequate remedy.

Justice Tottle said Mr Galati and Galati Nominees had made no secret of their desire to operate outside the law and intended to do so unless restrained.

“Mr Galati, and no doubt others, considers that the act should be repealed immediately but that does not entitle him or Galati Nominees to disregard the act,” he said.

Justice Tottle said if there was to be deregulation, it must be achieved through parliament.

Following the decision, the reaction on social media was swift with some labelling WA as a “nanny state”.

Hurry up and get rid of these riduculous archaic laws and regulations... https://t.co/5dkkNVoYiq — Fleur Barrett (@FleurBarrett) November 11, 2015

Why is WA such a nanny state? The dont stop RIO or Twiggy from digging another whole in the ground, but #TonyGalati cant grow extra spuds... — Ray Capogreco (@RayCapo79) November 11, 2015

Mr Galati’s lawyers argued in court that attempts to control supply and price breached Australia’s competition laws.

The WA Opposition has previously said the act, which was introduced in 1946, should be repealed and the PMC removed because it stymied productivity and choice for consumers.

— with AAP