Powers to take samples for laboratory analysis, to prohibit harvest of crop and to detain consignment
22.—(1) An authorised officer may, for the purpose of ascertaining whether any crop or consignment of any plant, fresh fruit or vegetable produced for sale or supply by any licensee contains any residue of any unregistered pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 20(1)(f)(ii), at any time enter the farm of the licensee and —
(a)
take such samples from the crop or 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 harvest of the crop or 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 authorised officer takes any sample under paragraph (1), the following procedure shall apply:
(a)
the authorised officer shall —
(i)
seal the sample in such manner as its nature permits;
(ii)
label the sample with the particulars of the licensee, the crop or 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 licensee or, where the licensee is not present, the person having charge of the farm at the material time shall sign an acknowledgment that the sample taken comes from the crop or consignment produced by the licensee,
and thereafter the authorised officer shall forthwith deliver the sample to an authorised analyst for laboratory analysis or examination to determine whether the sample contains any residue of any unregistered pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 20(1)(f)(ii).
(4) Where an authorised officer has prohibited the harvest of a crop or the distribution or sale of any consignment pending the result of the laboratory analysis or examination of the sample taken therefrom under paragraph (1), the authorised officer —
(a)
shall cause the crop or consignment to be marked or labelled for identification; and
(b)
in the case of a consignment, may direct the licensee or, where the licensee is not present, the person having charge of the farm at the material time, to remove the consignment to such place as the authorised 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)
harvests any crop against the order of the authorised officer or, without the authority of the authorised officer, tampers with, removes, distributes, sells or otherwise disposes of, the whole or any part of a consignment which has been detained by the authorised officer under paragraph (4); or
(b)
alters, counterfeits, defaces, destroys, erases or removes any mark placed by the authorised officer for the identification of the crop or any label affixed by the authorised officer to the consignment for the identification thereof,
shall be guilty of an offence.
(6) 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 unregistered pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 20(1)(f)(ii), the authorised officer shall forthwith lift the prohibition against the harvest of the crop or direct the release of the consignment, as the case may be.
(7) Where the result of the laboratory analysis or examination of the sample taken under paragraph (1) confirms that the sample does contain any unregistered pesticide or any residue of any permitted pesticide exceeding the level referred to in rule 20(1)(f)(ii), the authorised officer may, in accordance with such directions as the Director may give, order that the whole crop or consignment from which the sample is taken be seized and dealt with or disposed of in accordance with section 40(1)(b) or (c) of the Act.