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Section 46

Sale and disposal of seized pepper, etc.

of Malaysian Pepper Board Act 2006

ActIn forceProvision 46 of 87
Section 46

(1)

The Director General may at any time direct that any pepper or pepper product seized under this Act be sold and the proceeds of the sale be held while waiting for the result of any prosecution under this Act where—

(a)

the pepper or pepper product is of a perishable nature or easily deteriorates in quality;

(b)

the custody of the pepper or pepper product involves unreasonable expense and inconvenience;

(c)

there is a lack or absence of adequate or proper facilities for the storage of the pepper or pepper product; or

(d)

the pepper or pepper product is believed to cause an obstruction or to be a hazard to the public.

(2)

Notwithstanding subsection (1), where an analyst certifies, or if the results of tests as certified by an analyst proves, that the pepper or pepper product tested by him is contaminated, the authorized officer may keep it in custody, or if no prosecution is instituted in respect of the pepper or pepper product, cause it to be disposed of in the manner determined by the Director

General.

Malaysian Pepper Board 33