Malaysia legislation
Section 39
Section 39
Feed 27
(a)
release the receptacle, package, conveyance, book, document or other thing seized to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer that the receptacle, package, conveyance, book, document or other thing seized shall be surrendered to the authorized officer on demand being made by the authorized officer and that the said terms and conditions, if any, shall be complied with;
(b)
release the feed, feed additive, receptacle, package, conveyance, book, document or other thing to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, with liberty for the person to whom the same is so released to dispose of the same, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer in an amount not less than an amount which in the opinion of the authorized officer represents—
(i)
the open market value of the feed, feed additive, receptacle, package, conveyance, book, document or other thing on the date on which it is so released;
Act 698
(ii)
the customs duty payable in respect thereof, if any; and
(iii)
the tax payable in respect thereof under any written law, if any, for the payment of the amount so secured to the Board in the event of the court making an order for the forfeiture of such amount under this Act; or
(c)
sell or destroy, as appropriate in the circumstances, the feed, feed additive, receptacle, package or other thing, which, in the opinion of the authorized officer is of a perishable nature or likely to speedily deteriorate in quality or value, and where it is so sold, the authorized officer shall hold the proceeds of sale to abide the result of any prosecution or claim.
(2)
Any person who—
(a)
fails to surrender on demand to an authorized officer any receptacle, package, conveyance, book or document or other thing released to him under paragraph (1)(a); or
(b)
fails to comply with or contravenes any of the terms or conditions imposed under paragraph (1)(a) or (b), commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(3)
The criminal liability of a person under subsection (2) shall be in addition to any other liability that the person or any other person may incur under the terms and conditions relating to the release of any receptacle, package, conveyance, book, document or other thing under paragraph (1)(a) or any feed, feed additive, receptacle, package, conveyance, book, document or other thing under paragraph (1)(b).
Forfeiture or release of feed, etc. seized