3. Power of Executive Director, Public Health, to require recall, destruction or other disposal of certain food
(1) If the Executive Director, Public Health, believes on reasonable grounds that there is within the State food that has become damaged, deteriorated, impoverished, contaminated or perished to such degree as renders it unfit for consumption by man or injurious to health, dangerous or offensive, he may by instrument in writing served on the vendor, manufacturer, packer or importer of that food or any 2 or more of them require him or them to take all such steps and do all such acts and things, within such period, as the Executive Director, Public Health, considers necessary and specifies in that instrument with respect to that food or such part thereof as is so specified ¾
(a) to recall that food or part from ¾
(i) members of the public; or
(ii) retail or wholesale vendors,
or both who may be in possession of that food or part; or
(b) to destroy, denature or otherwise dispose of that food or part ¾
(i) that may be in his or their possession on; or
(ii) that may come into his or their possession at any time after,
the date of service of that instrument or both.
(2) A person on whom an instrument in writing is served under subregulation (1) shall comply with every requirement contained in that instrument.
(3) A person who contravenes subregulation (2) commits an offence and is liable to ¾
(a) a penalty which is not more than $2 500 and not less than ¾
(i) in the case of a first offence, $250;
(ii) in the case of a second offence, $500; and
(iii) in the case of a third or subsequent offence, $1 250;
(b) if that offence is a continuing offence, a daily penalty which is not more than $250 and not less than $125.
[Regulation 3 amended in Gazette 23 Dec 1988 p. 4971.]