(d)
seize any plant, propagating material, substance, book, record or other
document or article which is or might be relevant to a prosecution under this
Act and keep it in his or her custody: Provided that the person from whose
possession or control any book, record or document has been taken, may, at
his or her own expense and under the supervision of the officer or
authorized person concerned, make copies thereof or excerpts therefrom;
(e)
take samples of any plant, propagating material, substance or other article
used or intended for use in the production, reproduction, breeding,
cultivation, processing, treatment, preparation, testing, examining,
analysing, classification, prepackaging, marking, labelling, holding,
keeping, packing, removal, transport, exhibition or sale thereof, and of any
plant, propagating material, substance or other article seized in terms of
paragraph (d), and examine, analyse or classify such samples.
(2) Any sample taken in terms of subsection (1) (e) or (6)(a)
shall consist of the quantity or mass determined by the registrar, taken in
accordance with the methods determined by him or her;
(b)
shall be taken in the presence of the person in charge of, or the owner or
custodian of, such plant, propagating material, substance or other article, or,
if such person, owner of custodian is not available, in the presence of any
other witness, and the form determined by the registrar shall be completed
in respect thereof;
(c)
shall, if necessary, be packed and identified in such manner as the nature
thereof permits; and
(d)
shall with all convenient speed be tested, examined or analysed in
accordance with the methods which the registrar may determine or which
may be prescribed, and the result of such test, examination or analysis shall
be entered on the determined by the registrar form.
(3) A warrant referred to in subsection (1) shall be issued by a judge of the Supreme
Court or by a magistrate who has jurisdiction in the area where the place or premises in
question is situated, or where the vehicle is or will be, and shall only be issued if it appears
to the judge or magistrate from information on oath that there are reasonable grounds for
believing that an article mentioned in subsection (1) (a) and (b) is upon or in such place,
premises or vehicle, and shall specify which of the acts mentioned in subsection (1) may be
performed thereunder by the person to whom it is issued.
(4) A warrant issued in terms of this section shall be executed by day unless the
person who issues the warrant authorizes the execution thereof by night at times which
shall be reasonable, and entry upon and search of any place, premises or vehicle specified