SEIZURES

  •  (1) Any employee of the Commodity Board, or any individual authorized by resolution of the Commodity Board so to do, may seize any of the regulated product that he believes is being or has been processed, packed, transported, stored or marketed in violation of any order of the Commodity Board.

  • (2) Upon seizing any regulated product, the employee of the Commodity Board or such authorized person shall attach a seizure tag or detention tag on, at or near the location of the regulated product being so seized, or shall deliver a notice of such seizure in writing in such form as may be approved by the Commodity Board, to an adult person in, upon, or about the premises where the same are found, or to any adult person who appears at the time of the seizure to be in charge of any place, premises, motor vehicle or otherwise in which or in, about, or near which such regulated product is found.

  • (3) The owner of any regulated product seized pursuant to this section may, within 10 days after such seizure, apply to the Board, by notice directed to its Secretary, for a hearing to show cause why the regulated product so seized should not be disposed of by the Commodity Board, and upon such notice being received by the Secretary, he shall arrange for a hearing at the convenience of the Commodity Board, and the regulated product so seized shall not be disposed of until such hearing has been completed, and then only in accordance with the order of the Commodity Board; if notice requesting a hearing has been received, as aforesaid, then upon the owner having been heard, or if no notice has been received within the time limit aforesaid, the Commodity Board may dispose of such regulated product as it sees fit by sale or otherwise, or the Commodity Board may, if in its opinion the offence was committed through inadvertence, return the regulated product so seized to the owner or order the same to be sold through an agency for the owner’s account.

  • (4) Any regulated product seized pursuant to this section and ordered by the Commodity Board to be sold, may be sold through an agency, and the agency may charge and collect out of the proceeds of sale the costs of processing, packing, storing and marketing, after having deducted any expenses of the Commodity Board arising out of, or relating to, the seizure and sale of such regulated product, and the balance, if any, may be paid to the person from whom the regulated product was seized.

  • (5) Pursuant to this section, any of the regulated product seized shall be placed in storage, or processed and placed in storage, in such a manner as to prevent any spoilage arising out of such seizure, and the costs of such processing and storage shall be deducted from the proceeds or paid by the owner of such regulated product as the Board may direct.

CONTAINERS AND LABELS

 Where the regulated product is required to be in a container approved by the Commodity Board or any container is required to have attached thereto a tag or label as determined from time to time by order or resolution of the Commodity Board, that container, tag or label shall be deemed to be the only container, tag or label that meets the requirements of this Order.

EXEMPTION BY COMMODITY BOARD

 Any exemption from this Order of any person or class of persons engaged in the production, processing, packing, storing, transporting or marketing of the regulated product, or any class, variety or grade thereof may, by resolution of the Board be granted, amended or rescinded.