45Seizure of primary produce suspected of being unsafe or unsuitable

45 Seizure of primary produce suspected of being unsafe or unsuitable

(1)  If any primary produce has been seized or made the subject of a seizure order under section 36(1)(i) and an authorised officer is satisfied that the produce is not unsafe for human consumption or not unsuitable for human consumption, the authorised officer must cause the primary produce to be released immediately, or if it is the subject of a seizure order, the authorised officer must revoke the seizure order.

(2)  However, if primary produce has been seized or made the subject of a seizure order under section 36(1)(i) and an authorised officer is satisfied that the produce is unsafe for human consumption or unsuitable for human consumption, the authorised officer may –

(a) direct that the produce be processed or otherwise dealt with in a specified manner to ensure that it is not unsafe for human consumption or unsuitable for human consumption; or

(b) direct that the produce only be used for specified limited purposes; or

(c) condemn the produce and dispose of it as the authorised officer thinks fit, or direct its disposal in a specified manner.

(3)  Before exercising a power under subsection (2)(c) , the authorised officer must –

(a) give written notice of the proposed action and the reasons for the proposed action to the owner of the produce; and

(b) allow the owner of the produce a reasonable opportunity to comment on the proposed action.