Seed Production Act, 1955

Prohibition of growing of certain plants in certain areas.

16.—(1) The Minister may by order declare a specified area to be a seed production area for a specified class or classes of seeds to which this Part applies.

(2) The Minister may by order prohibit, during such period or periods as he thinks proper, the growing in a seed production area, except in accordance with a permit, under section 20, of any specified class of plants which would, in his opinion, be likely to interfere with the production of pure strains of the seeds concerned.

(3) Where plants are growing in any land contrary to this section—

(a) the occupier of the land shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds,

(b) an inspector may serve on the occupier a notice requiring him to destroy the plants or render them harmless in a manner satisfactory to the inspector within the time specified in the notice,

(c) if the occupier does not comply with the notice, then, without prejudice to prosecution for failure to do so, an inspector may, with such assistants, vehicles and equipment as he considers necessary, enter on the lands and destroy the plants or render them harmless.

(4) (a) Any costs and expenses incurred under paragraph (c) of subsection (3) shall be a debt due by the occupier to the Minister and shall be recoverable by the Minister as a simple contract debt in any court of competent jurisdiction.

(b) In any proceedings under this subsection, a certificate, purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister, certifying the amount of the costs and expenses shall be evidence of that amount, and it shall not be necessary to prove the signature of the officer, or that he was in fact such officer, or so authorised.

(5) If a person does not comply with a notice served on him under subsection (3), he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds.