Plant Protection Regulations

26 (1) Where, in accordance with subsection 32(1) of the Act, a thing or any proceeds realized from its disposition may no longer be detained, an inspector shall release the thing or proceeds from detention and send or personally deliver a notice of release from detention to the owner or person having the possession, care or control of the thing.

(2) For the purposes of paragraph 32(1)(b) of the Act, the period of detention is three years

• (a) where required to permit an inspector to identify a virus, viroid, mycoplasma, mycoplasma-like organism, rickettsia-like organism, bacterium or fungus that is present or suspected of being present in a thing;

• (b) where fraud has occurred or is suspected; or

• (c) to identify, test or analyse a thing that has been grown, raised, cultured, produced or altered by biotechnology, as that term is defined in subsection 3(1) of the Canadian Environmental Protection Act.