PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT

Section 13: Powers of entry and seizure

1959Section 13 of 27Federal Republic of Nigeria

(1) For the purpose of carrying out his duties under this Act, any produce officer, assistant produce officer, chief produce inspector, senior produce inspector or inspector in uniform shall have power-
(a) to enter at all times which are reasonable, having regard among other things to the religious beliefs and social customs prevailing in the area in question, any building or place in which he has reason to suppose that any produce which is subject to regulations made under this Act is stored, and inspect and take samples of any such produce stored therein, whether or not such produce has previously been inspected or graded;
(b) to stop any person carrying or believed to be carrying any such produce and to examine such produce, and to stop and search any vehicle, boat, canoe or animal carrying or believed to be carrying such produce and to call upon the person in charge of such vehicle, boat, canoe or animal or, if he cannot be ascertained the person appearing to be in charge of such vehicle, boat, canoe or animal, and the person or persons in charge of such produce to unload any such produce for examination;
(c) to direct the person in charge of the vehicle, boat, canoe or animal, and the person or persons in charge of any produce seized under the provisions of paragraph (d) of this subsection, to proceed in or with the particular conveyance employed to the nearest suitable place for the purpose of depositing therein the seized produce and containers thereof;
(d) to seize and detain any produce which he reasonably suspects to have been adulterated, or in respect of which an offence against this Act appears to him to have been committed, together with any receptacle in which such produce is contained, and to seize and detain any article, register or document believed to be connected with the offence;
(e) in cases where he is satisfied that the owner of any produce which has been seized and detained under the provisions of paragraph (d) of this subsection did not know that the produce was adulterated, to permit the owner to clean the produce, and, when it has been cleaned to release the produce and any receptacle in which the produce was contained; and
(f) to call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence against this Act.
(2) No person who obtains any information by virtue of the foregoing paragraph shall, otherwise than in the execution of his duties under this Act, disclose that information except with the permission of the Minister.
(3) Except as provided in paragraph (e) of subsection (1) of this section, any person who seizes and detains any produce or receptacle under the provisions of subsection (1) of this section shall forthwith report the fact to the nearest magistrate.

Cite this section

Section 13, PRODUCE (ENFORCEMENT OF EXPORT STANDARDS) ACT (1959).

https://repo.podus.ai/laws/produce-enforcement-of-export-standards-act/section/13/