104Inspector's powers of detention

104 Inspector's powers of detention

(1) An inspector may detain any package containing plants or plant products—

(a) if the plants or plant products do not comply with the particulars set out on the package or on a label attached to the package or an advice note accompanying the package;

(b) if the package or a label attached to the package or an advice note accompanying the package does not comply with the requirements of this Act—

for a period not exceeding 48 hours to complete an inspection and examination of the package, the label or advice note, or the plants or plant products contained in the package.

(2) An inspector may detain any package that has been used, or is to be used, for packing for sale any fruit, vegetables or nuts and does not comply with section 45 for a period not exceeding 48 hours to complete an inspection and examination of the package.

(3) The inspector must give the owner or consignor of the package notice, orally or in writing, that the package is being detained under this section.

(4) The package and any plant or plant products contained in the package are at all times during the detention period kept at the risk and the cost and expense of the owner or consignor of the package, plant or plant products.

(5) A person must not remove any package or the whole or any part of any plant or plant product detained in accordance with this section except with the written authority of an inspector or the Secretary.