FEED ACT 2009 · Updated to 1 Sep 2019 · Part VI · Enforcement
40. Forfeiture or release of feed, etc. seized
Feedback & supportAny feed, feed additive, receptacle, package, conveyance, book, document or other thing seized in exercise of any power under this Act shall be liable to forfeiture.
feed
“feed” means any single or multiple material whether processed, semi-processed or raw, which is intended to be fed to animals;
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An order for the forfeiture of the feed, feed additive, receptacle, package, conveyance, book, document or other thing seized shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the feed, feed additive, receptacle, package, conveyance, book, document or other thing seized was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.
feed additive
“feed additive” means any added ingredient including microorganism and enzyme not normally consumed as feed by itself, whether or not it has nutritive value, which affects the characteristics of feed or animal products;
If there is no prosecution with regard to any feed, feed additive, receptacle, package, conveyance, book, document or other thing seized under this Act, such feed, feed additive, receptacle, package, conveyance, book, document or other thing shall be taken and deemed to be forfeited at the expiration of a period of thirty days from the date of service of a notice to the last-known address of the person from whom the feed, feed additive, receptacle, package, conveyance, book, document or other thing was seized indicating that there is no prosecution in respect of such feed, feed additive, receptacle, package, conveyance, book, document or other thing unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4),
package
“package” means anything in which or by which any feed or feed additive is encased, covered, closed or contained;
, (6) and (7).
Any person asserting that he is the owner of the feed, feed additive, receptacle, package, conveyance, book, document or other thing referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give a written notice to the authorized officer in whose custody such feed, feed additive, receptacle, package, conveyance, book, document or other thing is held that he claims the feed, feed additive, receptacle, package, conveyance, book, document or other thing.
conveyance
“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;
On receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate for his decision.
The Magistrate to whom a matter is referred under subsection (5)
shall issue a summons requiring the person asserting that he is the owner of the feed, feed additive, receptacle, package, conveyance, book, document or other thing and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.
If it is proved that an offence under this Act has been committed and that the feed, feed additive, receptacle, package, conveyance, book, document or other thing referred to in subsection (6)
was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the feed, feed additive, receptacle, package, conveyance, book, document or other thing to be forfeited, and shall, in the absence of such proof, order its release.
Any feed, feed additive, receptacle, package, conveyance, book, document or other thing forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the direction of the Board.