(4) The Director must keep a record made under subsection (3) for a period of not less than 12 months.
(5) If a court convicts a person of an offence under this Part, the court may order that any one or more of the following is forfeited—
- (a) any food to which the conviction relates;
- (b) any similar food found on the person’s premises or in the person’s possession at the time of the commission of the offence or of the seizure of the food to which the conviction relates;
- (c) any package in which food referred to in paragraph (a) or (b) is contained.
(6) Any food or package forfeited under subsection (5) may be disposed of in the manner specified by the Director.
38. Offence to tamper with mark, seal or other designation
(1) A person commits an offence if the person, with intent to deceive another person, removes, alters or obliterates a mark, seal or other designation affixed under section 37(1)(b).
(2) A person who commits an offence under subsection (1) is liable to a fine at level 5 and to imprisonment for 6 months.
PART 5
Administration and Enforcement
Division 1—Administration
39. Authorization of public officers
(1) The Director may authorize a public officer to be an authorized officer for the purposes of this Ordinance.
(2) An authorization—
- (a) must be in writing; and
- (b) may be given in relation to specified provisions of this Ordinance or in relation to this Ordinance generally.
40. Delegation by Director
The Director may in writing delegate any function or power of the Director under this Ordinance to a public officer or class of public officers.
