45Destruction notice

45 Destruction notice

(1)  The Secretary, by notice in writing, may require the destruction of any agricultural produce, or any plants, preparation or fitting, if the Secretary, on the advice of an inspector, is satisfied that –

(a) the agricultural produce is contaminated; or

(b) agricultural produce to be derived from the plants is likely to be contaminated; or

(c) animals consuming the agricultural produce or preparation are likely to be contaminated; or

(d) the sale or use of the preparation is prohibited; or

(e) use of the preparation in the normal manner is likely to result in contamination of stock or agricultural produce; or

(f) animals exposed to or in contact with the fitting are likely to be contaminated.

(2)  The Secretary, by notice in writing, may require the destruction of any stock if the Secretary, on the advice of the Chief Veterinary Officer, is satisfied that –

(a) the stock is contaminated; or

(b) agricultural produce to be derived from the stock is likely to be contaminated.

(3)  Without limiting subsection (1) or (2) , the notice may require that the agricultural produce or plants, preparation, fitting or stock be destroyed in the manner, under the conditions, and within the time, specified in the notice.

(4)  The Secretary must give the notice to the person in possession of the agricultural produce or plants, preparation, fitting or stock.

(5)  A person in possession of any agricultural produce or plants, preparation, fitting or stock who is given a notice must comply with the notice.

Penalty:  Fine not exceeding 100 penalty units.

(6)  If the person does not comply with the notice within the time specified in it, the Secretary may destroy the agricultural produce or plants, preparation, fitting or stock.

(7)  The Secretary may recover from the owner of the agricultural produce or plants, preparation, fitting or stock the reasonable costs incurred in acting under .