Cap 612 s 37 Seizure, marking or destruction of food (FOOD SAFETY ORDINANCE)

Contents of Section

Chapter:	612	Title:	FOOD SAFETY ORDINANCE	Gazette Number:	L.N. 60 of 2011
Section:	37	Heading:	Seizure, marking or destruction of food	Version Date:	01/08/2011

(1) If it appears to an authorized officer that a term of a food safety order has been contravened by a person bound by the order in respect of any food, the officer may—

(

) seize and remove from the person any of the food or any package in which it is contained;

(

) affix to any of the food that is in the person’s possession a mark, seal or other designation; or

(

) destroy or otherwise dispose of any of the food that is in the person’s possession or cause it to be destroyed or otherwise disposed of.

(2) The Director may, in a court of competent jurisdiction, recover from a person referred to in subsection (1) any reasonable costs incurred under subsection (1)(a), (b) or (c) as if those costs were a debt due to the Director from that person.
(3) Before an authorized officer destroys or otherwise disposes of any food or causes any food to be destroyed or otherwise disposed of under subsection (1)(c), the authorized officer must record a description and other details that are sufficient to identify the food.
(4) The Director must keep a record made under subsection (3) for a period of not less than 12 months.
(5) If a court convicts a person of an offence under this Part, the court may order that any one or more of the following is forfeited—

(

) any food to which the conviction relates;

(

) any similar food found on the person’s premises or in the person’s possession at the time of the commission of the offence or of the seizure of the food to which the conviction relates;

(

) any package in which food referred to in paragraph (

) or (

) is contained.

(6) Any food or package forfeited under subsection (5) may be disposed of in the manner specified by the Director.