26Recall

26 Recall

(1) The Governor in Council may, by Order, direct a wholesale dealer—

S. 26(1)(a) amended by No. 73/1994 s. 48(1)(a).

(a) to withdraw a fertiliser or stock food or a particular batch of a fertiliser or stock food from sale, either immediately or within the time specified in the Order; and

S. 26(1)(b) amended by No. 73/1994 s. 48(1)(a).

(b) to take any action specified in the Order to recover all stocks of the fertiliser or stock food or of that batch from any person to whom it was supplied; and

(c) to destroy those stocks or to deal with them as specified in the Order; and

S. 26(1)(d) amended by No. 22/2022 s. 30.

(d) to report to the Secretary on the action taken.

(2) An Order may only be made if the Minister advises that it is in the public interest to do so, having regard to the harm that may be caused—

(a) to any person or animal; or

(b) to the environment; or

(c) to trade with any other country.

S. 26(3) amended by No. 73/1994 s. 48(1)(b).

(3) The Order must be published in the Government Gazette and takes effect on the day of publication or any later day specified in the Order.

(4) A wholesale dealer must comply with the Order.

1. In the case of a corporation, 500 penalty units.

In any other case, 250 penalty units.

Note to s. 26(4) inserted by No. 13/2013 s. 5(1).