Remedial action and seizure
17.—(1) Where an inspector has reasonable grounds to believe that a fertiliser designated as an EC fertiliser is one in relation to which an offence under these Regulations has been committed he may—
(a)give to the person whom he considers to be in charge of the fertiliser a notice requiring him to take such action as is specified in the notice; or
(b)seize the fertiliser in order to have it dealt with by a justice of the peace.
(2) The action that may be so specified is action to ensure that the fertiliser is removed from the market and not placed on the market again until it can be so placed without an offence under these Regulations being committed.
(3) A notice given under paragraph (1)(a) shall also specify the grounds for the inspector’s belief.
(4) Where an inspector has seized fertiliser under paragraph (1)(b)—
(a)he shall inform the person whom he considers liable to prosecution of the grounds for his belief;
(b)that person may attend before the justice of the peace who deals with the fertiliser; and
(i)shall be entitled to be heard; and
(ii)may call witnesses; and
(c)if the justice of the peace finds that the fertiliser is one in relation to which an offence under these Regulations has been committed—
(i)he shall order that it be destroyed or disposed of in an appropriate manner; and
(ii)any expenses reasonably incurred in connection with the destruction or disposal shall be defrayed by the person in question.
(5) Any person who fails to comply with a notice given under paragraph (1)(a) shall be guilty of an offence.