Powers to take samples for laboratory analysis, to prohibit harvest of crop and to detain consignment
23.—(1) An agricultural 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 21(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.
[S 10/1999 wef 08/01/1999]
(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 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 acknowledgement that the sample taken comes from the crop or consignment produced by the licensee,
and thereafter the agricultural 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 21(1) (f) (ii).
[S 10/1999 wef 08/01/1999]
(4) Where an agricultural 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), he shall cause the crop or consignment to be marked or labelled for identification and 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 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)
harvests any crop against the order of the agricultural officer or, 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 mark placed by the agricultural officer for the identification of the crop or any label affixed by the agricultural 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 21(1)(f)(ii), the agricultural officer shall forthwith lift the prohibition against the harvest of the crop or direct the release of the consignment, as the case may be.
[S 10/1999 wef 08/01/1999]
(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 21(1)(f)(ii), the agricultural 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 38(1)(b) or (c) of the Act.