AGADVOKS GLOBALKENYA · ENGLISH
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The Dairy Industry (Compliance Officer) Regulations

13. Seizure and destruction

Edition: 2022-12-31 · In force

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13. Seizure and destruction

(1)In consultation with the supervisor, a compliance officer may at any time seize, any product, material, substance, article, plant and machinery, or any other thing which he has reason to believe or about which he has received credible information to the effect that it has been used or is likely to be used in contravention of any of the provisions of the Act or these Regulations.
(2)Where a compliance officer seizes any dairy produce, equipment, materials or additives, the compliance officer shall issue a seizure receipt to the primary producer or dairy business operator with the details of the dairy produce confiscated in Form A of the First Schedule.
(3)A compliance officer carrying out seizure shall file a complaint without delay at the nearest police station for possible prosecution, with or without the owner or a representative consent in writing on the destruction or forfeiture of the subject dairy produce, equipment, materials or additives to the Board.
(4)Any destruction pursuant to these Regulations shall be carried out in compliance with the relevant law and regulations.
(5)Where the owner of seized dairy produce, equipment, materials or additives institutes legal proceedings in relation to the seizure, the process shall be concluded as may be directed by the court, unless in the meantime the legal proceedings are dismissed, in which case the process shall proceed as provided under these Regulations.
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Source: Kenya Law