49Testing of contaminated stock, premises, agricultural produce, preparation or fitting

49 Testing of contaminated stock, premises, agricultural produce, preparation or fitting

(1)  An inspector may, by notice in writing given to the owner of any stock, premises, agricultural produce, preparation or fitting, require the owner to have that stock, premises, agricultural produce, preparation or fitting tested if the inspector reasonably suspects that –

(a) the stock is contaminated; or

(b) the growing of plants or the farming of stock on the land would be likely to result in the production of contaminated agricultural produce or the contamination of the stock; or

(c) the agricultural produce is contaminated; or

(d) the preparation is contaminated; or

(e) the fitting is contaminated.

(2)  Without limiting subsection (1) , the notice may require –

(a) that samples or specimens from the stock, premises, agricultural produce, preparation or fitting are taken –

(i) under the supervision of an inspector; or

(ii) in the manner specified in the notice; and

(b) that the testing is carried out –

(i) under the supervision of an inspector; or

(ii) in the manner specified in the notice; and

(c) that the samples or specimens are tested at a laboratory that is approved by the Secretary; and

(d) that the testing is carried out within the time specified in the notice; and

(e) that the testing is carried out at the expense of the owner if –

(i) it is being carried out for a prescribed reason; or

(ii) the result of the testing shows that the stock, agricultural produce, preparation or fitting is contaminated or that, in the case of premises, the growing of plants or the farming of stock on it would be likely to result in the production of contaminated agricultural produce or the contamination of the stock.