Section 43. In the performance of his duties, an Officer shall have the authority as follows:
(1) to enter any premises or laboratory of a conformity assessment service provider, or any premises, warehouse, or vehicle of producer, exporter or importer of agricultural commodity between sunrise and sunset or during the office hours for inspection on the business operation in accordance with this Act, including the Ministerial Regulations and the Notifications issued under this Act;
(2) to enter any premises or laboratory of a conformity assessment service provider at any time whenever there is a reasonable ground to suspect of any violation or
non-compliance under this Act, or the Ministerial Regulations or Notifications issued under this Act for inspection on the business operation, equipment, tools or documents relevant to standard inspection.
(3) to enter any premises, warehouse, or vehicle of producer, exporter, importer, seller or holder of agricultural commodity having a standard certificate for sale at any time whenever there is a reasonable ground to suspect of any violation or non-compliance under this Act, or the Ministerial Regulations or the Notifications issued under this Act; or to inspect whether or not the agricultural commodity is complied with the standards, or consistent with the standard inspection report or certificate, or the other relevant documents.
(4) to sample agricultural commodity in the possession of a conformity assessment service provider or order producer, exporter or importer to provide adequate sample of certified agricultural commodity for further inspection;
(5) to summon a conformity assessment service provider, producer, exporter, importer, or any involved person for testimony, or submission of evidences or relevant information, or correction on deficiency or error found in the inspection;
(6) to seize or attach agricultural commodity, documents, materials, equipment, or tools related to the cause of infringement, or whenever there is a reasonable ground to suspect of infringement under this Act; or any articles under suspicious ground of applying false standard mark, or of using deficient and errant report under section 40(3), or the inspection and certification report is not complied with the standards under (4).

To perform the duty under (1), the Officer shall not act in such a manner of searching under the Criminal Procedural Code. In case under (2) or (3), if the Officer acts in a manner of searching under the Criminal Procedural Code, there shall be a search warrant. In the case where there is any reasonable ground to believe that such documents or evidences may be removed, hidden, destroyed or modified if the acquisition of the search warrant is delayed, the search, seizure or attachment of documents or evidences relevant to the cause of infringement shall be carried out without any search warrant, but the search shall be complied with the provisions in the Criminal Procedural Code. In any case, no search shall be commenced at night unless it is during the office hours of that premise.

Section 44. As for the agricultural commodity seized or attached by the Officer under section 43 (6), the Committee shall have the following authority:
(1) In the case where producer, exporter or importer has not been granted a voluntary standard certificate and uses or displays of a voluntary standard certification mark in violation under section 56, the Committee may order to correct or recondition the agricultural commodity so as to be complied with the voluntary standard, or to destroy the certification mark or to remove it from the agricultural commodity. In the case where the mark cannot be destroyed or removed from the agricultural commodity, the Committee may order such commodity to be destroyed;
(2) In the case where the producer, exporter or importer has not been granted a mandatory standard certificate for such agricultural commodity stipulated by the Ministerial Regulation, the Committee may order to destroy that agricultural commodity, or in the case of import, the Committee may order to return or await for the mandatory standard certificate application of the producer, exporter or importer, wherever the case may be.

The producer, exporter or importer, wherever the case may be, shall be liable for any incurred expenses in relation to the correction, reconditioning, destruction, returning or awaiting for the mandatory standard certificate application, or the destruction or removal of voluntary standard certification mark from the agricultural commodity.

Section 45. As to the agricultural commodity or articles seized or attached by the Officer under section 43 (6), in case where the owner or possessor thereof does not claim within ninety days as from the date of the seizure or attachment, or where the public prosecutor issues the final order not to file a lawsuit, or where the court decides not to confiscate those articles, and the owner or holder thereof has not requested for their return within ninety days as from the date of acknowledgement of the final order not to file the lawsuit or from the date of rendering the final judgment by the court or the date of being notified that no lawsuit has been filed, wherever the case may be, the ownership thereof shall be vested in the State. In this respect, the Bureau by the approval of the Committee shall have the authority to administer, as appropriate.

In case where the agricultural commodity or articles seized or attached are perishable, or the holding of which may cause a risk of damage or incur expenses more than their value, the Bureau may arrange public auction either before the case is closed or they are vested in the State. The net proceeds from the sale thereof after deduction of expenses and any other encumbered charges shall be held in lieu of such agricultural commodity or articles.

Section 46. An Officer shall have an identification card in the form as prescribed in the Notification by the Minister.
In performing duty, the Officer shall present his identification card to the persons involved.

Section 47. In performing duty of an Officer under section 43, an involved person shall provide reasonable cooperation and facilitation to the Officer.

Section 48. In performing duty under this Act, the members of the Agricultural Standards Committee, of the Technical Committee or of the Sub-committee, and the Officer shall be regarded as officer under the Criminal Code.

Section 49. In case where the results of inspection under section 43 (1) (2) (3) or (4) are deemed by the Officer that any agricultural commodity under mandatory standards is unsafe or may be harmful to human, plant or animal health, the Bureau by the approval of the Committee shall have the authority as follows:

(1) to notify the public via newspapers or other means of communication as prescribed by the Committee the inspection results, which shall specifically state the following information:
(a) the name of such producer, exporter or importer in case where the producer, exporter or importer of agricultural commodity can be clearly identified; types and characteristics of the agricultural commodity or their containers; trade name and lot numbers in case where the agricultural commodity or their packaging has a trade name or lot numbers of production, export or import, wherever the case may be;
(b) the name of seller or holder in case where the producer, exporter or importer of agricultural commodity cannot be clearly identified but there is a seller or holder for sale of such agricultural commodity; premises for sale or holding for sale, as well as the types and characteristics of that agricultural commodity or their packaging.

(2) to recall such agricultural commodity or order the producer, exporter or importer thereof to collect and hold it within a specific time period as determined by the Bureau. The Bureau shall have the authority to destroy such agricultural commodity or to take other action in accordance with the rules and procedures as prescribed by the Committee in the Notification.

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