§ 197 — Post-revocation of licence directions

197.—(1) Where the animal feed production licence of an animal feed production licensee is revoked under section 196(1), the Agency may direct as follows:(a)

direct that any animal feed produced under any of the operations of the former animal feed production licensee affected by the revocation must not be sold by that former licensee;

(b)

direct the former animal feed production licensee to take appropriate action to destroy or otherwise dispose of or deal with the affected animal feed.

(2) A person to whom a direction is given under subsection (1) commits an offence if the person fails to comply with the direction, and shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4) Subsection (2) does not apply if the person has a reasonable excuse.

—(1) Where the animal feed production licence of an animal feed production licensee is revoked under section 196(1), the Agency may direct as follows:(a)

direct that any animal feed produced under any of the operations of the former animal feed production licensee affected by the revocation must not be sold by that former licensee;

(b)

direct the former animal feed production licensee to take appropriate action to destroy or otherwise dispose of or deal with the affected animal feed.

(2) A person to whom a direction is given under subsection (1) commits an offence if the person fails to comply with the direction, and shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $15,000 or to imprisonment for a term not exceeding 6 months or to both; or

(ii)

where the individual is a repeat offender — to a fine not exceeding $30,000 or to imprisonment for a term not exceeding 12 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $30,000; or

(ii)

where the person is a repeat offender — to a fine not exceeding $60,000.

(3) In subsection (2), “repeat offender”, in relation to an offence under subsection (1), means a person who —(a)

is convicted, or found guilty, of such an offence (called the current offence); and

(b)

has been convicted or found guilty, on at least one other earlier occasion within the period of 5 years immediately before the date on which the person is convicted or found guilty of the current offence, of an offence under subsection (1).

(4) Subsection (2) does not apply if the person has a reasonable excuse.