S.L. 427.93 Art. 21Offences and penalties.

(1) Any person shall be guilty of an offence under these regulations if he:

(a) fails to comply with, or contravenes, or fails to comply with any order lawfully given in terms of, any of the provisions of these regulations, the Council Regulation, Regulation (EC) 889/2008, or Regulation (EC) 1235/2008;

(b) intentionally obstructs or causes the obstruction of any person acting in the proper exercise of his functions under these regulations and, or fails to allow an inspection authorised under these regulations;

(c) without reasonable cause, fails to give to any person, acting in the exercise of his functions under these regulations, any assistance or information which he may be required to give under these regulations or any other law, or gives false or misleading information;

(d) conspires or attempts, or aids, or abets, any other person by whatever means, including advertising, counselling or procurement to contravene the provisions of these regulations or to fail to comply with any such provisions, including any order lawfully given in terms of any of the provisions of these regulations, or to contravene any restriction, prohibition or requirement imposed by or under the said regulations;

(e) alters, forges, counterfeits or destroys any document presented to or issued by the Director under these regulations; OF ORGANIC PRODUCTS

(f) in case of an authorised officer, discloses to any person any information obtained by him in the course of his duties with regards to any trade secret shall, without prejudice to any other liability under any other law, unless the disclosure is made necessary in the performance of his duty.

(2) Any person who is found guilty of an offence against the provisions of these regulations shall, on conviction, be liable:

(a) on a first conviction to a fine (multa) of not less than five hundred euro (€500) but not exceeding one thousand five hundred euro (€1,500);

(b) on a second conviction or subsequent conviction, to a fine (multa) of not less than one thousand five hundred euro (€1,500) but not exceeding two thousand and five hundred euro (€2,500) or to a fine calculated on the profit made by the offender in connection with the transaction in contravention to these regulations, whichever is the higher: Provided that, when the fine is so calculated, it may not exceed five times the profit made by the offender.

(3) Where any person is convicted of an offence against these regulations, the Court may, in addition to any other penalty that it may impose:

(a) sentence the offender to imprisonment for a term of not less than thirty days and not exceeding two years;

(b) order the forfeiture to the Government of any goods to which the offence relates, and if so forfeited shall be disposed of in such a manner as the Court may determine on the advice of the Director;

(c) order the suspension or withdrawal as the Court may deem proper, of the offender’s certification, for a period not being less than one month and not more than three years, or the suspension of any licence or permit held by the offender and related to any trade or business to which the offence relates, and may in addition order that any such licence or permit may not be re-issued in respect of the convicted offender.