Fresh Fruit and Vegetable Regulations

43 (1) The Director may, on the request of a person who has a financial interest in the produce in respect of which an inspection certificate or other document has been issued under paragraph 41(2)(a), provide the person with copies of the certificate or other document.

(2) The Director may, on application by a person referred to in subsection (1), grant an appeal inspection with respect to an inspection certificate issued in respect of the produce.

(3) The application for an appeal inspection referred to in subsection (2) shall

• (a) set out the reasons for the granting of the appeal inspection; and

• (b) be accompanied by a copy of the original inspection certificate.

(4) The Director may refuse to grant an appeal inspection where

• (a) the produce is not accessible for inspection;

• (b) the produce cannot be identified by the original inspection certificate or the vehicle, if any, in which it was conveyed; or

• (c) less than 75 per cent of the lot of produce is available for inspection.

(5) Where the Director grants an appeal inspection, the inspector making the appeal inspection shall

• (a) where the findings of the second inspection substantiate the original findings, confirm the original inspection certificate; and

• (b) where the findings of the second inspection do not substantiate the original findings with respect to any factor that could not have changed since the original inspection, issue an inspection certificate rendering the original inspection certificate null and void.