Power to dispose of, etc., fresh fruits and vegetables
40.—(1) Where any sample of fresh fruits or vegetables is determined by an authorised analyst to contain any prohibited pesticide residue, or any pesticide residue or toxic chemical residue exceeding the prescribed levels, the Director-General may, in his or her discretion, cause the whole lot of fresh fruits or vegetables from which the sample is taken, to be —
(a)
re-exported or returned to its place of origin;
(b)
treated in such manner as he or she may direct so as to remove or aid the dissipation of the residue to the prescribed levels; or
(c)
disposed of in any manner that he or she may direct.
(2) The cost of, and all expenses incurred in, the re-exporting, returning, treatment or disposal under subsection (1) must be defrayed by the owner, grower or importer of the fresh fruits or vegetables.