Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023
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Seizure and detention for non-compliance with compliance notice | ||
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43. (1) Subject to an appeal under section 42 , where— | ||
(a) the owner, occupier or person in charge of land or premises, or the owner or person in possession or control of a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product fails to comply with a compliance notice within the time specified in the notice, | ||
(b) an authorised officer has reasonable grounds for believing that a compliance notice, whether or not modified under section 41 (5), will not be complied with, or | ||
(c) a compliance notice has been confirmed with or without modification under section 42 (5) and the notice has not been complied with, | ||
then the authorised officer may seize and detain the product or feed and any means of transport or other thing used in connection with such. | ||
(2) Where a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product, means of transport or other thing is seized and detained under subsection (1), an authorised officer may— | ||
(a) sell, destroy or dispose of the product, feed or other thing or cause it to be sold, destroyed or disposed of, or | ||
(b) take such other measures in relation to the product, feed, means of transport or other thing as the authorised officer considers appropriate, in the circumstances. | ||
(3) Before exercising any power under subsection (2) an authorised officer shall by notice inform the person concerned of his or her intention and afford the person an opportunity to make representations to the officer within 10 days of service of the notice. The officer shall consider the representations and by notice inform the person of his or her decision. If the person is aggrieved by the decision, he or she may, within 10 days of the service of the decision, appeal to the judge of the District Court within whose district the person resides or carries on business. On the hearing of the appeal the judge may confirm, modify or annul the notice. | ||
(4) The profits, if any, arising out of the sale, destruction or disposal of a veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate product, means of transport or other thing seized and detained under subsection (1) shall be paid to the owner of the product, feed, means of transport or other thing less any expenses (including ancillary expenses) incurred in connection with the seizure, detention, sale, destruction or disposal. | ||
(5) The costs (including ancillary costs) of a measure taken under this section may be recovered by the Minister— | ||
(a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the veterinary medicinal product or any ingredient for a veterinary medicinal product or medicated feed or intermediate or means of transport or other thing at the time the measure was carried out, or | ||
(b) by deducting the costs from any moneys due, or becoming due, and payable by the Minister to the person on whom the compliance notice concerned was served. | ||
(6) Where the Minister proposes to recover the costs of anything done under this section the Minister shall— | ||
(a) inform by notice the person concerned of the costs (including, but not limited to, salaries, subsistence, hiring of vehicles, machinery or equipment, feeding and veterinary fees) the reason for the costs and that he or she may make representations in relation to the proposal not later than 14 days from the date of the notice, | ||
(b) consider any representations duly made, and | ||
(c) make a decision and inform by notice the person concerned, stating the decision and the reasons for the decision. |