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Disposal of food seized.
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5.—(1) A person who, in accordance with this Act and regulations thereunder, has seized food may dispose of it in a manner that will prevent its being used for human consumption—
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(a) if the consent in writing of the owner or person in apparent charge or control of the food to such disposal is given, or
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(b) if an order is made by the District Court for such disposal.
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(2) A person who, in accordance with this Act and regulations thereunder, has seized food, may, on giving notice in writing to the owner or person in apparent charge or control of the food of his intention to do so, apply to the District Court for an order directing that the food be disposed of (by destruction or otherwise) in a manner specified in the order that will prevent its being used for human consumption.
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(3) Where an application in that behalf is duly made to the District Court under this section, that Court—
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(a) shall, if it is satisfied that any food seized under this Act does not comply with regulations under this Act, order that the food be disposed of (by destruction or otherwise) in a manner specified in the order that will prevent its being used for human consumption, and
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(b) may, if it is not satisfied that any food seized under this Act did not comply with regulations under this Act at the time of its seizure, order, if it thinks it appropriate to do so, the restoration of the food to the person from whom it was seized and order the payment by the Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health, as it thinks appropriate, to the owner of the food of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of its seizure.
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(4) (a) Subject to paragraphs (b) and (c) of this subsection, an order under subsection (3) of this section shall not have effect until the expiration of 14 days from the date of its making.
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(b) If an appeal to the Circuit Court is taken against an order under the said subsection (3), the order shall, if the Circuit Court determines that it shall have effect, have effect at such time as that Court determines.
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(c) If the District Court is satisfied that for any reason an order made by it under the said subsection (3) should have effect before the expiration of 14 days from the date of its making and it specifies in the order the time when it should have effect, the order shall have effect at the time so specified.
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(d) Where, on an appeal to the Circuit Court from an order of the District Court made under subsection (3) of this section, the Court is not satisfied that the food to which the appeal relates did not comply with regulations under this Act at the time of its seizure, it may, if it thinks it appropriate to do so, order the restoration of the food to the person from whom it was seized and may order the payment by the Minister for Agriculture and Fisheries, the Minister for Industry and Commerce or the Minister for Health, as it thinks appropriate, to the owner of the food of such compensation (if any), costs (if any) and expenses (if any) as it considers reasonable having regard to any loss, costs and expenses incurred by the owner by reason of its seizure or disposal under this Act or such seizure and disposal.
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