S.L. 117.13 Art. 16Offences against particular regulations.

(1) Where the offence is against the provisions of regulations 9(1) or 12(2), or any order is made in terms of regulation 12(3), the fine (multa) shall be of not less than forty-six euros and fifty-nine cents (46.59) but not exceeding two hundred and thirty-two euros and ninety-four cents (232.94); and where the offence is against the provisions of regulation 4, the fine (ammenda) shall be of not less than four euros and sixty-six cents (4.66) but not exceeding eleven euros and sixty-five cents (11.65).

(2) Where on any prosecution under these Regulations, the Court is satisfied that a manufacturer has made or sold or has in his possession for sale tomato paste which does not conform to the provisions of regulation 12(2), or that the manufacturer has not conformed with any order issued to him in terms of regulation 12(3), subject to what is hereinafter provided, the Court shall order the forfeiture of all the tomato paste of that manufacturer deemed in terms of regulation 14(2) to be of the same consistency as that which has been subjected to examination or analysis in terms of these Regulations and which has been actually found by the Court to offend against regulation 12(2) or of any order issued in terms of regulation 12(3): Provided that before giving any such order the Court shall by summons order the manufacturer, if he has not been party to the proceedings, to appear before it, and shall give him a reasonable opportunity to show within not more than eight days why such order of forfeiture as aforesaid should not be made.

(3) Where an order of forfeiture as aforesaid has been made such order shall be published in the Gazette, and the Police shall be empowered to withdraw all the tomato paste so forfeited from the market, provided that any wholesaler or retailer to whom it may have been sold by the manufacturer or on his behalf shall, in the absence of collusion, have a right to be indemnified by the manufacturer in respect of any quantity of tomato paste withdrawn from them in virtue of this regulation.

(4) It shall be an offence under these regulation for any wholesaler or retailer after the publication of such order in the Gazette to dispose knowingly of any tomato paste forfeited as aforesaid.

(5) On a second or subsequent conviction against the provisions of regulation 12(2) or against any order issued in terms of regulation 12(3), the Court may, in addition to the penalties above contemplated, sentence the offender to imprisonment for a period of not more than three months.