ADVOKS GLOBAL · KENYA
The Dairy Industry (Imports and Exports) Regulations
11. Seizure and destruction of irregular imports
Edition: 2022-12-31 · In force
11. Seizure and destruction of irregular imports
(1)A compliance officer may at any time seize any imported dairy produce, equipment, material or additives, which he has received credible information to the effect that it has been used or is about to be used in contravention of these regulations or any of the provisions of the Act.(2)A compliance officer who carries out seizure of imported dairy produce, material, additives or dairy equipment, the compliance officer shall issue seizure notice or receipt in accordance with the relevant Regulations.(3)The compliance officer shall, upon seizure or confiscation under this regulation, lodge a complaint on behalf of the Board at the nearest police station for possible criminal prosecution under these Regulations or any other legislation.(4)The criminal proceedings that may be instituted and the manner of dealing with the seized or confiscated dairy produce, equipment, material or additives, shall be in accordance with the provisions of this regulation or any other relevant legislation.(5)Despite paragraph (4) any destruction pursuant to this regulation which is likely to endanger the environment or public health shall only be carried out in compliance with any other written laws and shall be carried out at the expense of the owner or where the owner cannot be ascertained, at the expense of the person from whom confiscation is effected.(6)Where civil proceedings are commenced in respect to the seized or confiscated dairy produce, equipment, material or additives and a court issues restraining or other orders, the seized or confiscated dairy produce, equipment, material or additives shall be dealt with in Disclosure on Dairy produce, materials, etc Seizure and destruction of irregular imports accordance with the orders or directions of the court.