§ 223 — Presumption as to use of plant pesticide

223. In proceedings for an offence under section 215(1), 216(1), 217(1) or 218(1) involving the use, or causing or permitting the use of, any plant pesticide in the cultivation of any edible plant on any premises, where it is proved that —(a)

the premises are those on which a police officer or an authorised officer as authorised under this Act to enter those premises, finds upon entering those premises at that particular time —(i)

any container on the premises containing at least 10 grams (or 10 millilitres) of plant pesticide; or

(ii)

any individual in those premises intentionally concealing, intentionally removing or intentionally destroying, any container containing at least 10 grams (or 10 millilitres) of plant pesticide; and

(b)

the premises are used (in whole or in part) at the particular time by any person to undertake any primary production activity involving the cultivation of any edible plant,

every adult occupier of those premises at that particular time is presumed, until the contrary is proved, to have at that particular time the intent to keep the plant pesticide to apply, spray, spread or disperse the plant pesticide by any means on the edible plant in paragraph (b).