Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

(1)	Any person who—

(a)	contravenes or fails to comply with a provision of section 5(2), 6, 6A or 9;

(b)	refuses or fails to pay the prescribed fees in terms of section 3(1A)(b)(i), 3A(4), 4(2)(b), 4A(3), 5(3) or 10(2);

(c)	contravenes or fails to comply with a condition imposed in terms of section 4(3)(a)(i), 4A(1)(b) or 16(3)(a);

(d)	obstructs or hinders a person referred to in section 3A(1) or 7(1) in the exercising of his or her powers or the performing of his or her duties or functions under this Act, or refuses or fails to comply with a direction referred to in section 3A(1)(b);

(e)

refuses or fails to furnish information or give an explanation or to answer to the best of his or her ability to a question lawfully demanded from or put to him or her by a person referred to in section 3A(1) or 7(1) in the exercising of his or her powers or the performing of his or her duties under this Act, or furnishes information, an explanation or an answer to such person which is false or misleading, knowing that it is false or misleading;

(f)	tampers with a sample taken in terms of section 3A(1)(e) or for the purpose of section 7(1) or the identification or seal of such sample;

(g)	sells, removes or tampers with a product, material, substance or other article, or a book or document seized in terms of section 7(1)(c), or tampers with an identification mark or other seal attached thereto in terms of that section;

(h)	falsely holds himself or herself out to be the executive officer, another officer referred to in section 2(2)(a), or in the case of an assignee, such an assignee, or a person or an employee referred to in section 2(3)(c);

(i)	alters a permit, authorization, consent, approval, certificate or other document issued in terms of this Act;

(j)	fails to display a permit, authorization, consent, approval, certificate or other which, in terms of this Act, such a person is required to be in possession of;

(k)	makes a document or causes a document to be made which purports to be a certificate, authorization or other document issued in terms of this Act,

shall be guilty of an offence.

(2)	Any person who is convicted of an offence in terms of this Act shall—

(a)	in the case of a first conviction of an offence referred to in subsection (1)(a), (c), (d), (e), (i), (j) or (k), be liable to a fine or to imprisonment for a period not exceeding two years;

(b)	in the case of a second or subsequent conviction of an offence mentioned in paragraph (a), whether it be the same or some other offence mentioned in that paragraph, be liable to a fine or to imprisonment for a period not exceeding four years;

(c)	in the case of a first conviction of an offence referred to in subsection (1)(b), (f), (g) or (h), be liable to a fine or to imprisonment for a period not exceeding six months; and

(d)	in the case of a second or subsequent conviction of an offence mentioned in paragraph (c), whether it be the same or some other offence mentioned in that paragraph, be liable to a fine or to imprisonment for a period not exceeding one year.

(3)	Notwithstanding anything to the contrary in any law contained, a magistrate's court shall be competent to impose any penalty provided for in this Act.

[Section 11 substituted by section 13 of Act No. 63 of 1998]

Agricultural Product Standards Act, 1990 (Act No. 119 of 1990)

11. Offences and penalties