(a) has been placed on the market; or

(b) is in possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market;

and subsections (2) to (9) below apply where it appears to the authorised officer, taking account of all the information available to him, that the placing on the market of any food fails to comply with a specified Community provision.

    (2) The authorised officer may either  - 

(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it  - 


(i) is not to be used for human consumption; and

(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or



(b) seize the food and remove it in order to have it dealt with by a justice of the peace;

and any person who knowingly contravenes the requirements of a notice under paragraph (a) above is guilty of an offence.

    (3) Where the authorised officer exercises the powers conferred by subsection (2)(a) above, he or she is, as soon as is reasonably practicable and in any event within 21 days, to determine whether or not he or she is satisfied that the food complies with the specified Community provisions and  - 

(a) if he or she is so satisfied is to forthwith withdraw the notice;

(b) if he or she is not so satisfied, is to seize the food and remove it in order to have it dealt with by a justice of the peace.

    (4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he or she is to inform the person in charge of the food of his or her intention to have it dealt with by a justice of the peace and  - 

(a) any person who under regulation 5 of the Genetically Modified Food (Wales) Regulations 2004 might be liable to a prosecution in respect of the food is, if he or she attends before the justice of the peace by whom the food falls to be dealt with, entitled to be heard and to call witnesses; and

(b) that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence in relation to that food.

    (5) If it appears to a justice of the peace, on the basis of such evidence as he or she considers appropriate in the circumstances, that any food falling to be dealt with by him or her under this section fails to comply with a specified Community provision then subject to subsection (6) below he or she is to condemn the food and order  - 

(a) that food to be destroyed or to be so disposed of as to prevent it from being used for human consumption or animal feed; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the operator.

    (6) In the case of a food referred to in Article 3.1 which is the subject of an authorisation granted under Regulation 1829/2003 and has been produced in accordance with any conditions relating to that authorisation but does not bear the appropriate labelling as required by Article 13 the justice of the peace may, at his or her discretion, order  - 

(a) that the food be labelled properly as soon as is reasonably practicable and at the expense of the operator; and

(b) the release of the food into the custody of the operator.

    (7) If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it or to make an order for the proper labelling of the food, the food authority is to compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

    (8) Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above is to be determined by arbitration.

    (9) In this section "specified Community provision" has the same meaning as in the Genetically Modified Food (Wales) Regulations 2004.".