Section 19: Forfeiture of produce

(1) Upon the conviction of any person for an offence against this Act in respect of any produce of which he is the beneficial owner, the Court may, in addition to any penalty which may be imposed therefor, order that the produce in respect of which the offence was committed and the receptacles thereof shall be destroyed or forfeited or that such produce shall be cleaned by the owner thereof to the satisfaction of a produce officer, assistant produce officer or inspector and shall thereafter be released for sale or export.
(2) Where any produce or receptacle has been seized and detained under the provisions of sections 14 and 15 of this Act and-
(a) the owner thereof is unknown or cannot be found; or
(b) the produce is adulterated or is of such inferior quality that-
(i) it cannot be cleaned to an exportable standard; or
(ii) its retention in that condition may endanger the quality of any other produce with which it may come into contact; or
(iii) a produce expert considers by reason of its inferiority that it should be destroyed,
and whether or not any person has been convicted of an offence in respect of such produce, a complaint shall, as soon as may be after the expiry of seven days from the day on which such produce was seized, be laid before the magistrate having jurisdiction in the place where such produce or receptacle is detained for the purpose only of enforcing forfeiture of such produce or receptacle, and the magistrate may cause notice to be given in such manner as he may think proper, stating that unless cause is shown to the contrary at the time and place stated in the notice such produce or receptacle may be forfeited, and at such time and place the magistrate shall, unless cause is shown to the contrary, order that the produce or receptacle shall be forfeited and disposed of in such manner as may be directed by the head of such Produce Inspection Service as in the opinion of the magistrate is appropriate.