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CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 18 Destruction of agricultural produce etc. at direction of chief executive

CHEMICAL USAGE (AGRICULTURAL AND VETERINARY) CONTROL ACT 1988 - SECT 18

Destruction of agricultural produce etc. at direction of chief executive

18 Destruction of agricultural produce etc. at direction of chief executive

(1) If the chief executive is notified by the standards officer that the residue of a chemical is in or on—
(a) a portion or sample of any agricultural produce, manufactured stock food or a product derived from a trade species animal in an amount more than the maximum residue limit prescribed for the produce, stock food or product; or
(b) a portion or sample of any plants from which agricultural produce may be derived and the chief executive forms the opinion that agricultural produce derived from the plants is likely to have therein or thereon the residue of a chemical in an amount more than the maximum residue limit prescribed for that produce; or
(c) a portion or sample of a trade species animal from which a product may be derived and the chief executive forms the opinion that the product is likely to have in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the product; or
(d) a portion or sample of any other substance and the chief executive forms the opinion that the ordinary use of the substance is likely to result directly or indirectly in any agricultural produce, manufactured stock food or a product derived from a trade species animal having in or on it the residue of a chemical in an amount more than the maximum residue limit prescribed for the produce, stock food or product;
the chief executive may by notice in writing given to any person in possession of the agricultural produce, manufactured stock food, plants, a product derived from a trade species animal, or other substance from which the portion or sample was taken, direct the person to cause it or them to be destroyed, or otherwise disposed of, in the manner and within the time specified in the notice.
(2) A person to whom a notice is given under subsection (1) shall not use, destroy, dispose of or otherwise deal with the substance to which the notice relates otherwise than as directed by the notice.
Penalty—
Maximum penalty for subsection (2) —600 penalty units.
Note—
This subsection is an executive liability provision—see section 30A .