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Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

8. Seizures

 

(1) A person referred to in section 7(1) may in terms of section 7(1)(c) or (5), seize the whole, or any part or quantity, of a product, material, substance or other article, or any book or document, that—
(a) is concerned or is on reasonable grounds believed by him or her to be concerned in the commission or suspected commission of any offence under this Act;
(b) may afford evidence of the commission or suspected commission of any such offence; or
(c) is intended or is on reasonable grounds suspected to be intended to be used in the commission of any such offence.

[Subsection (1) amended by section 10(a) of Act No. 63 of 1998]

 

(2) The person concerned may remove any quantity of a product, material, substance or other article, or any book or document thus seized, from the place, premises or conveyance where he or she seized it, or leave it thereon and, if he or she deems it necessary, attach such identification mark or seal as he or she may deem necessary' on such product, material, substance or other article or the container thereof, or on such book or document.

 

(3)
(a) The executive officer or an officer referred to in section 2(2)(a) may—
(i) grant authority that a product, material, substance or other article seized in terms of section 7(1)(c) or (5), may within the period and in the manner specified in such authorization, be treated or dealt with; or

(Subsection (3)(a)(i) substituted by section 10(b) of Act No. 63 of 1998]

(ii) if he or she is satisfied that the cause for the seizure concerned has been removed by such treatment or action, return that product, material, substance or other article to the person from whom it was seized.
(b) If no criminal proceedings are instituted in connection with a product, material, substance or other article seized in terms of section 7(1)(c) or (5), or if it appears that such product, material, substance or other article is not required at the trial for the purposes of evidence or an order of court, that product, material, substance or other article shall be returned to the person from whom it was seized.

[Subsection (3)(b) substituted by section 10(c) of Act No. 63 of 1998]