8. Destruction or disposal

    (1) An authorised person who receives a report of an analysis made by an analyst stating that

    (a) an agricultural chemical residue is present in excess of the maximum residue limit in a sample of any agricultural produce;

    (b) an agricultural chemical residue is present in any animal or plant from which agricultural produce may be derived to an extent that the authorised person considers is likely to result in the presence of an agricultural chemical residue in excess of the maximum residue limit in agricultural produce derived from such animal or plant; or

    (c) a sample of any manufactured food or other substance not for human consumption contains an agricultural chemical to an extent that the authorised person considers is likely, if the food or other substance is put to its ordinary use, to result directly or indirectly in the presence of an agricultural chemical residue in excess of the maximum residue limit in agricultural produce,

    may, in pursuance of the objects of this Act, by notice in writing direct any person in possession of the agricultural produce, animal, plant, food or other substance to cause it to be destroyed or otherwise disposed of in a manner specified in the notice and direct that until it is so destroyed or disposed of it shall not be used, disposed of, or otherwise dealt with except in accordance with regulations made under this Act, as specified in the notice, or pursuant to approval in writing under section 11.

    (2) A direction in a notice under subsection (1) requiring anything to be destroyed or disposed of shall specify a time within which the direction is to be complied with being not before the expiry of the time within which an application for a review of the direction may be made in accordance with section 20, and where an application is so made, the time for compliance is extended until the determination of the application.

    [Section 8 amended by No. 55 of 2004 s. 18.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.