Cap. 639 чл. 8General powers of authorised officers. Seizure notice to be given to owner of seized goods. Seized goods to be claimed within thirty days. Perishable goods, etc., may be sold.    Cap. 9.

(1) Notwithstanding the provisions of any other law, for the purposes of carrying out their functions under this Act, the Director or any officer or authorised person by the Director, shall have the right to:

(a) enter any agricultural holding, or any other premises, public or private, at all reasonable times, and in the case of a dwelling house after giving reasonable notice of at least twenty-four (24) hours, to inspect, detect and investigate any offence under this Act or any regulations made thereunder, which has been committed or likely to be committed; to collect evidence and without prejudice to the generality of the powers to examine under this Act, said person shall have the power to examine or enter any structure, enclosure, commercial premises such as retail outlets and warehouses, vehicle, station, documents, equipment, laboratory, farm, parcel or any item that is necessary to be examined in order for the Director or authorised person to execute the duties so as to achieve the objectives falling within the competence of this Act:

Provided that any authorised person entering any premises in accordance to paragraph (a) shall produce proof of his identity and authorisation to enter prior to or upon entering such premises:

Provided further that the twenty-four (24) hours notice to enter into a dwelling house shall not be applicable if the Director himself, but not any other official acting under his delegated authority, considers that there is reasonable suspicion, on the basis of substantiated grounds, that an offence under the Act or the regulations made thereunder has been committed or is about to be committed:

Provided further that in the event that the owner of a private property or any other premises cannot be identified, the officer may enter by means of force and without prior warning or consent of the owner of said private property, to execute his duties which fall under his competence so as to achieve the objectives of this Act and when in the discretion of the Director, there is serious jeopardy;

(b) seize or seal off any agricultural produce or product in relation to which an infringement under this Act or any regulations made thereunder has been committed or likely to be committed;

(c) seize, seal off, or render non-functional any equipment, products, gear, instruments and, or electronic appliances which they reasonably believe have been used in the commission of such offence or in respect of which they reasonably believe that such offence has been committed or that is the result of an infringement under this Act or any regulations made thereunder;

(d) seize or take copies of any documents which they believe are relevant to any such offence in accordance with this Act or any regulations made thereunder;

(e) inspect all records, licences, permits and notifications issued under this Act or required to be kept or preserved under this Act or any regulations made thereunder;

(f) carry out inspections, monitor any activity, elevate samples, take photographs, film, video recording or electronic images in order to verify compliance, or in pursuance to any investigation of offences under this Act or any regulations made thereunder or any conditions subject to which a licence or permit is issued under this Act or any regulations made thereunder;

(g) may request and shall be provided with any information held by departments or other public bodies responsible for agriculture and from any person who is involved, concerned or regulating the agriculture sector in any manner or having an interest therein be furnished with such information as such authorised person may reasonably require with respect to any matter regulated by this Act or any regulations made thereunder; and

(h) generally ensure compliance with the provisions of this Act or any regulations made thereunder.

(2) For the purpose of performance of any function under this Act, the Director, officers or any other such officer or person as may be authorised by the Agriculture Directorate may request the assistance of the Executive Police, any local council, any voluntary organisation or private sector, any department of Government or any government agency.

(3) Whenever any seizure is made, except in the presence of the offender or owner, of any thing as forfeited in accordance with this

Act, the authorised person acting as the seizing official shall give notice in writing of such seizure and of the grounds thereof to the owner of the things seized, if known, either by delivering the notice to him personally or by letter addressed to him and sent by registered post or delivered at his last known place of abode or business in Malta.

(4) All goods seized in accordance with this Act, shall be deemed to be forfeited and may be sold or donated, or ipso jure, otherwise disposed of as the Director may order:

Provided that the Director cannot dispose of such things if, within thirty (30) days from the date of seizure, the person from whom such seizure has been made, or the owner of such things seized, or some person authorised by him, gives notice in writing to the Director that he claims the things so seized or that he intends to claim them and if within thirty (30) days from the date upon which such notice was given, proceedings are instituted by the claimant in the competent civil court:

Provided further that if proceedings are not instituted within thirty (30) days from date of notice, the claim shall be deemed to be abandoned and the Director can dispose of such things.

(5) When any thing seized in accordance with this article is of a perishable nature or is, in the opinion of the Director, likely to suffer a substantial loss of value by the lapse of time, or is a living creature, by order of the Director, they may be sold, donated or disposed of:

Provided that when the thing of a perishable nature is sold, and court proceedings are instituted, the Director shall deposit the proceeds of the sale in court pending an order by the court in respect of the seizure or otherwise of the proceeds, to the person from whom the things were seized in accordance with this Act.(6)When a seizure made in accordance with this article is contested in accordance with sub-article (4), the Director may, at any time, if he deems fit and notwithstanding the pendency of the proceedings wherein the seizure is contested, deliver anything seized to any claimant upon the payment by the said claimant to the Director of a sum representative of the value of the thing as the Director deems proper, or upon the claimant giving to the Director such sufficient guarantee for the eventual payment of such sum, which guarantee is to have the same value as the thing as the Director deems fit. Such sum or such guarantee, as the case may be, shall be retained to honour the outcome of any claim that may be legally made in respect thereof and shall, for the purpose of any proceedings in accordance with this Act in respect of the seized goods, represent and substitute the said seized goods.

(7) For the purpose of any fulfilment of any functions in accordance with this Act or any regulations made thereunder, the Director, or any other such authorised person may request the assistance of the Executive Police, the Comptroller of Customs, any local council, or any Government department or agency, as may be required.

(8) The provisions of sub-article (1) shall be without prejudice to the powers of the Executive Police, community officers, the

Comptroller of Customs, or of any other authority under the Criminal

Code or other law.

(9) The Director, or any other officer appointed or authorised in accordance with this Act or any regulations made thereunder, shall, notwithstanding any other law, have the right to assist the Executive Police or Attorney General in the conduct of prosecution in accordance with this Act or regulations made thereunder and to plead the case before the court:

Provided that any expenses related to the confiscation, impounding, seizure and, or disposal of any agricultural produce, animals and, or any equipment shall be fully borne by the offender.