Power to take samples for laboratory analysis for pesticide residue and to detain consignment
14.—(1) An agricultural officer may, for the purpose of ascertaining whether any consignment of fresh fruit or vegetable that has been imported for sale or supply in Singapore contains any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), at any time prior to the distribution or sale of the consignment —
(a)
take such samples from the consignment as may reasonably be necessary for laboratory analysis or examination; and
(b)
where it appears to him to be necessary to do so, prohibit the distribution or sale of the consignment pending the result of the laboratory analysis or examination of the sample.
(2) No payment shall be made for any sample taken under paragraph (1).
(3) Where an agricultural officer takes any sample pursuant to paragraph (1), the following procedure shall apply:
(a)
the agricultural officer shall —
(i)
seal the sample in such manner as its nature permits;
(ii)
label the sample with the particulars of the importer, the consignment from which it is taken and the date on which it is taken; and
(iii)
sign his name on the label; and
(b)
the importer or, where the importer is not present, the person having charge of the consignment at the material time, shall sign an acknowledgement that the sample taken comes from the consignment of which he is the importer or the person in charge, as the case may be,
and thereafter the agricultural officer shall forthwith deliver the sample to a Scientific Officer for laboratory analysis or examination to determine whether the sample contains any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b).
(4) Where an agricultural officer has prohibited the distribution or sale of any consignment pending the result of the laboratory analysis or examination of the sample taken therefrom under paragraph (1), he shall cause the consignment to be marked or labelled for identification and may direct the importer or, where the importer is not present, the person having charge of the consignment at the material time, to remove the consignment to such place as the agricultural officer may specify and detain it thereat pending the result of the laboratory analysis or examination of the sample taken.
(5) Any person who —
(a)
without the authority of the agricultural officer, tampers with, removes, distributes, sells or otherwise disposes of, the whole or any part of a consignment which has been detained by the agricultural officer under paragraph (4); or
(b)
alters, counterfeits, defaces, destroys, erases or removes any identification mark or label affixed by the agricultural officer to the consignment,
shall be guilty of an offence.
(6) Where an agricultural officer has prohibited the distribution or sale of any consignment under paragraph (1) or detained any consignment under paragraph (4) and the importer is not present at the time of the prohibition or detention, the agricultural officer shall, as soon as practicable, inform the importer of the prohibition or detention.
(7) Where the result of the laboratory analysis or examination of the sample taken under paragraph (1) confirms that the sample does not contain any residue of any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), the agricultural officer shall forthwith direct the release of the consignment.
(8) Where the result of the laboratory analysis or examination of the sample taken under paragraph (1) confirms that the sample does contain any prohibited pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 13 (b), the agricultural officer may, in accordance with such directions as the Director may give, order that the whole consignment from which the sample is taken be seized and dealt with or disposed of in accordance with section 38(1) of the Act.
(9) For the purpose of this rule, “Scientific Officer” includes a scientific officer, an analyst or a chemist appointed by the Director.