100Retention of detained or seized items after examination

100 Retention of detained or seized items after examination

(1) If the results of the examination under section 97(b) of plants or plant products or a sample sent to a laboratory or place by an inspector indicate that the plants or plant products are affected by a pest or disease or that their importation or sale is prohibited under this Act an inspector must—

(a) in writing inform the owner or consignor or person in whose possession the plants or plant products were found (whichever case is appropriate) of the results;

(b) if the plants or plant products are not already the subject of a detention or seizure notice, detain or seize the plants or plant products in accordance with section 97, except the requirement for taking any further sample of the plants or plant products; and

(c) after consultation with the owner or consignor or person in possession of the plants or plant products and within 30 days after writing to that person under paragraph (a), submit a report of the results to the Secretary recommending the action that the owner or consignor or person in possession of the plants or plant products should be required to take.

(2) Plants or plant products to which subsection (1) applies must not be released from detention or seizure unless the Secretary receives the declaration required by section 102(d).