(No. 49)
	AGRICULTURAL CONTROL AUTHORITY LAW, 5748-1988*
	Chapter One: Interpretation
Definitions.	1. In this Law -- "Agricultural Board" means any of the following: (1) the Citrus Marketing Board under the Citrus (Control and Marketing) Ordinance, 5708-1948(1), the Citrus Marketing Ordinance, 1947(2), and the Citrus Control Ordinance 1940(3); (2) the Board under the Vegetable Production and Marketing Board Law, 5719-1959(4); (3) the Board under the Egg and Poultry Board (Production and Marketing) Law, 5724-1963(5); (4) the Fruit Board under the Fruit Board (Production and Marketing) Law, 5733-1973(6); (5) the Board under the Ornamental Plants Board (Production and Marketing) Law, 5736-1976(7); "Agricultural Boards Enactments" means the enactments specific in the definition of "Agricultural Board"; "Agriculture Enactments" means the enactments enumerated in the Schedule; "the Director" means the Director-General of the Authority appointed under section 13; "the Authority" means the Agricultural Authority established under this Law; "the Minister" means the Minister of Agriculture.
	Chapter Two: The Authority Article A: Establishment of Authority and Application of Control
Establishment of Authority.	2. There is hereby established an "Agricultural Control Authority".
The Authority - a body corporate.	3. The Authority is a body corporate.
The Authority --an inspected body.	4. The Authority is an inspected body within the meaning of section 9(6) of the State Comptroller Law (Consolidated Version), 5718-1958(8);
Function of Authority.	5. The function of the Authority is the exercise of control as to offenses under the Agricultural Boards Enactments and the Agriculture Enactments, subject to the provision of section 6 (hereinafter referred to as "agricultural control").
	6. The Minister shall, by order, in consultation with the Board of the Authority, designate the offenses as to which agricultural control shall be exercised and the time of its exercise: Provided that - (1) an order as aforesaid to apply agricultural control as an offense under the Agricultural Boards Enactments -- other than those relating to the Citrus Marketing Board -- shall only be made after consultation with the Minister of Industry and Commerce; (2) an order as aforesaid to exercise agricultural control as to a particular offense under any enactment shall only be made in consultation with the person in which the power of control as to that offense is vested; (3) agricultural control as aforesaid as to an offense under any of the Agricultural Enactments shall be exercised only after the financing involved, as prescribed by regulations in consultation with the Board of the Authority, has been ensured. (b) Where the Minister has designated an offense by order under subsection (a), agricultural control applicable at the time of the coming into force of the other shall not be exercised by the person in whom the power of control as to that offense was vested immediately before the order came into force.
	Article B: The Board of the Authority
Composition of Board.	7. (a) The Authority shall have a Board of twelve members appointed by the Minister, viz. one representative of each of the five Agricultural Boards; two representatives of the Minister from among the employees of his Ministry; one representative of the Ministry of the Police, one representative of the Ministry of Industry and Commerce and one representative of the Attorney-General, all three of them appointed from among State employees; and two representatives of organizations which in the opinion of the Minister of Agriculture are representative agricultural organizations. (b) The Minister shall appoint one of his representatives as chairman of the Board and his other representative as deputy chairman.
No remune- ration for member of Board.	8. A member of the Board shall receive no remuneration for his services.
Meetings of Board.	9. (a) A meeting of the Board shall be held at least once a month. The Chairman of the Board shall convene the meetings and fix the time, place and agenda subject to provisions of this article. (b) A majority of the members of the Board, including the chairman or deputy chairman, shall be a quorum at its meetings. Where a meeting is opened with a quorum, its continuation shall be valid with any number of participants: Provided that a decision shall not be adopted, unless at least three members, including the chairman or deputy chairman, are present at the time of its adoption. (c) Decisions of the Board shall be passed by a majority of those taking part in the voting. (d) The Board itself shall prescribe the order of its business and deliberations to the extent that these are not prescribed by or under this Law.
	Article C: Functions and Powers of Board
Functions of Board.	11. (a) The Board shall, without prejudice to its other functions - (1) decide upon the agricultural control policy of the Authority and prepare plans for its implementation; (2) prepare the budget of the Authority; (3) monitor the implementation of the policy, plans and budget of the Authority; (b) Decisions of the Board under paragraph (1) require the approval of the Ministers: Provided that approval as aforesaid of decisions relating to Agriculture Boards Enactments, other than enactments concerning the Citrus Marketing Board, shall be made only after consultation with the Minister of Industry and Commerce.
	12. (a) The Minister may request of the Board a report, as wel1 as recurrent or one-time information, as to any matter within the scope of its functions and power. The Board shall submit to the Minister any report requested by him within thirty days from the date of the request. (b) The power vested in the Minister by subsection (a) shall vest also in the Minister of Industry and Commerce as to any matter relating to the Agricultural Board, except in the Citrus Marketing Board.
	Article D: Director and Employees of the Authority.
Director of Authority.	13. The Board shall, with the approval of the Minister, appoint a Director-General for the Authority and prescribe his functions, remuneration and terms of employment. Notice of the appointment shall be published in Reshumot.
Functions and powers of Director.	14. (a) The Director shall manage the affairs of the Authority within the framework of its policy, plans and budget, as the Board may prescribe and shall be responsible for the Board for the carrying out of its functions within the framework of its powers. (b) The Board may request of the Director reports on the activities of the Authority and may consider such reports and draw its conclusions. Where the Board requests such a report, the Director shall submit it within thirty days from the date of the request.
Engagement of employees of Authority.	15. (a) The procedure for the engagement and appointment of employees of the Authority shall be the same as that regarding the engagement and appointment of State employees with such variations as shall be prescribed by regulations. (b) The establishment, remuneration and terms of employment of the employees of the Authority shall be the same as those of State employees with such adjustments as the Board of the Authority shall prescribe with the approval of the Minister.
	Article E: Budget and Monies
Budget of Authority.	16. (a) The budgetary expenditure to finance agricultural control shall be covered as follows: (1) in respect of the Agricultural Boards Enactments - by the Agricultural Boards; (2) in respect of the Agricultural Enactments - as may be prescribed by regulations under section 6(3). (b) For the purposes of subsection (a)(l), the Minister shall prescribe by regulations the share of each Agricultural Board in the budget of the Authority, as well as the installment, and times for its transfer to the Authority.
Approval of budget.	17. The Board shall, once a year, prepare a draft budget of the Authority for the following year and shall submit it for the approval of the Minister at the time prescribed by regulations.
Annual report.	18. The Board shall, once a year, prepare an annual report in respect of the Authority. (b) The annual report shall be submitted to the Minister not later than the 31st March of every year in respect of the year ending 31 December preceding and shall contain - (1) an annual balance sheet; (2) a report on income and expenditure, including a statement of the purposes for which the surpluses are intended. (3) a survey of the activities of the Authority. (c) A report under subsection (a) shall be submitted to the Economic Committee of the Knesset, and as far as it concerns the Agricultural Boards except the Citrus Marketing Board, it shall be submitted also to the Minister of Industry and Commerce.
	Chapter Three: Powers of Control
Appointment of Controllers.	19. (a) The Board shall appoint inspectors from among the employees of the Authority for the purpose of exercising agricultural control. The appointment shall be in writing. (b) Notice of the appointment of inspectors under this section shall be given to the Minister of Police, who may empower them, by general or specific empowerment, to carry out investigations for the purpose of exercising agricultural control.
Powers of inspector.	20. (a) Where an inspector has reasonable cause to believe that it is necessary to do so for the purpose of exercising agricultural control, he shall have power - (1) to stop and search any means of transportation; (2) to enter and search any place; however, a place used as a dwelling may only be entered under a search warrant from a competent court, and the provisions of sections 26 to 28 of the Criminal Procedure (Arrest and Searches) Ordinance (New Version), 5729- 1969(9), shall apply mutatis mutandis to a search under this paragraph; (3) to seize any article if he has reasonable cause to believe that an offense in a matter of agricultural control has been committed in respect thereof; and he may seize packing material or documents likely, in his opinion, to serve as evidence in a proceeding for an offense as aforesaid. (b) For the purposes of this chapter, "article" includes a means of transportation, an animal, meat, a plant and any agricultural produce. (c) An inspector empowered under section 19(b) may examine any person as to an offense in a matter to which agricultural control applies the provisions of sections 2 and 3 of the Criminal Procedure (Evidence) Ordinance(10).
Duty to deliver information and samples.	21. (a) A person shall deliver to an inspector, at his request, any information, samples, books and other documents whose delivery may, in the inspector's opinion, ensure the exercise of agricultural control. Samples requested by an inspector shall be delivered to him free of charge. (b) Samples delivered under subsection (a) may be examined in a laboratory and be dealt with in any other way.
Treatment of seized articles.	22. Where an article has been seized under section 20(a)(3), the following provisions shall apply: (1) The Authority may keep the article until a court or a fines committee within the meaning of the Agricultural Boards Enactments, with which information concerning an offense committed in respect of that article has been committed decides how it shall be disposed of; where information as aforesaid is not filed within sixty days from the date of the seizure, the article shall be returned to the person from whom it was seized; where a doubt arises as to whom it is to be returned, the Authority or the person who claims a right to the article may apply to the Magistrates' Court in whose area of jurisdiction the article was seized, to determine the case; (2) Where the article has been destroyed or damaged or its value diminished and the court is satisfied that the Authority has been negligent in keeping it, the court may require the Authority to pay compensation of an amount to be prescribed. (3) Where the article is likely to deteriorate unless sold forthwith, either because of its particular nature or for some other reason, the Authority may sell it. The proceeds of the sale shall be deposited in the fund of the Authority and the provisions of paragraph (1) shall apply to it as if they were a seized article; where the person against whom the indictment was filed is acquitted, the value of the article as on the day of its seizure shall be reimbursed to him according to the average price on that day of articles of its kind on the fruit and vegetable wholesale market of Tel Aviv; To that amount, linkage to the index shall be added from the index last published before the date of the actual reimbursement of the proceeds of the sale; for this purpose, "index" means the consumer price index published by the Central Bureau of Statistics; (4) Notwithstanding the provisions of paragraph (3), where the article delivered is an agricultural crop within the meaning of any of the Agricultural Boards Enactments, the proceeds of the sale shall be deposited in the fund of the Agricultural Board concerned instead of in the fund of the Authority, and the provisions of paragraph (1) applying to the Authority shall apply to the said Agricultural Board; (5) Where the article is a means of transportation, the Magistrates' Court may, on the application of the person claiming a right thereto, release it even before information is filed, and may make the release conditional upon the giving of security.
	Chapter Four: Miscellaneous Provisions
Power of inspector for the purpose of tax laws.	23. Where any power of an inspector has been exercised for the purposes of this Law, the findings and the investigative material shall be valid for the purposes of the Income Tax Ordinance(11) and the Value Added Tax Laws, 5736-1975(12), all according to the rules and adjustments prescribed by the Minister of Finance with the consent of the Minister.
Authority to have the status the State.	24. The Authority shall have the status of the State for the purposes of - (1) the payment of taxes, stamp duty, fees, rates, charges and other compulsory payments; (2) the Civil Wrongs (Liability of the State) Law, 5712-1952(13); (3) relief by way of prohibitive or mandatory injunction.
Status of members of Board, and of employees, of Authority.	25. (a) The members of the Board of the Authority and the employees of the Authority shall have the status of State employees for the purposes of the following enactments: (1) the Knesset Elections Law (Consolidated Version), 5729-1969(14); (2) the State Service (Restriction on Party-Political Activity and Fund-raising) Law, 5719-1959(15); (3) The Public Service (Gifts) Law, 5740-1980(16); (4) Public Service (Restrictions after Retirement) Law, 5729-1969(17); (5) Evidence Ordinance (New Version), 5731-1971(18); (6) Civil Wrongs Ordinance (New Version)(19). (b) The State Service (Discipline) Law, 5723-1963(20), shall apply to the employees of the Authority as if they were State employees. For this purpose, the Minister of Agriculture and the Director of the Authority respectively shall take the place of the Minister and the Director-General wherever referred to in that Law.
Implementation and regulations.	26. (a) The Minister is charged with the implementation of this Law and may make regulations for its implementation. (b) The Minister may by order, after consultation with the Board of the Authority and with the approval of the Economic Committee of the Knesset, vary the list of Agricultural Enactments in the Schedule.
Commencement.	27. This Law shall come into force sixty days from the date of its publication.
	SCHEDULE (Section 1)
	Agricultural Enactments 1. Seeds Law, 5716-1956(21); 2. Plant Protection (Damage by Goats) Law, 5710-1950(22); 3. Plant Protection Law, 5716-1957(23); 4. Plants and Plant Products (Control of Export) Law, 5714-1954(24); 5. Forests Ordinance, 1936(25); 6. Wildlife Protection Law, 5715-1955(26); 7. National Parks, Natural-Reserves and National Sites Law, 5723-1963(27); 8. Fisheries Ordinance, 1937(28); 9. Bee Protection Ordinance (New Version), 5743-1983(29); 10. Rabies Ordinance, 1934(31); 11. Animal Diseases Ordinance (New Version), 5745-1985(32); 12. Improvement of Agricultural Production (Livestock) Law, 5712- 1952(33); 13. Animals and Animal Products (Control of Export) Law, 5717-1957(34); 14. Peanut Production and Marketing Board Law, 5719-1959(35); 15. Licensing of Business Law, 5728-1968(36), as far as it relates to regulations made by the Minister of Agriculture thereunder; 16. Commodities and Services (Control) Law, 5718-1957(36), as far as it relates by the Minister of Agriculture thereunder; 17. Agricultural Settlement (Restrictions on Use of Agricultural Land and of Water) Law, 5727-1967(37).
	ARYE NEHAMKIN Minister of Agriculture YITZCHAK SHAMIR Prime Minister
	* Passed by the Knesset on 13 Tammuz 5748 (28 June 1988) and published in Sefer Ha-Chukkim No. 1255 of 22 Tammuz 5748 (2nd July 1988), p. 106; the Bill and an Explanatory Note were published in Hatza'ot Chok No. 1862 of 5748, p. 90. (1) T.R. of 5708, Suppl. I, p 15; L.S.I. vol. I, p. 22; Sefer Ha-Chukkim of 5710, p. 143; L.S.I. vol. IV, p. 105. (2) P.G. of 1947, Suppl. I, p. [blank] (English edition); Sefer Ha-Chukkim of 5740, p. 228; L.S.I. vol. XXXIV, p. 263. (3) P.G. of 1940, Suppl. I, p. 224 (English edition); Sefer Ha-Chukkim of 5714, p. 137; L.S.I. vol. 8, p. 116. (4) Sefer Ha-Chukkim of 5715, p. 22; L.S.I. vol. XIII, p. 245; Sefer Ha-Chukkim of 5741, p. 178; L.S.I. vol. 35, p. 200. (5) Sefer Ha-Chukkim of 5724, p. 12; L.S.I. vol. 18, p. 10; Sefer Ha-Chukkim of 5741, p. 179; L.S.I. vol. 35, p. 208. (6) Sefer Ha-Chukkim of 5733, p. 310, L.S.I. vol. 27, p. 370; Sefer Ha-Chukkim of 5741, p. 181; L.S.I. vol. 35, p. 211. (7) Sefer Ha-Chukkim of 5736, p. 227; L.S.I. vol. XXX, p. 273; Sefer Ha-Chukkim of 5740, p. 130; L.S.I. vol. XXXIV, p. 267. (8) Sefer Ha-Chukkim 5718, p. 92; L.S.I, vol. 12, p. 91; 5744, p. 129, L.S.I, vol. 38. p. 178. (9) Dinei Medinat Yisrael (New Version), No. 12; N.V. vol. II, p. 30; Sefer Ha-Chukkim of 5740, p. 116; L.S.I. vol. XXXIV, p. 155. (10) P.G. vol. II, p. 167 (English edition); Sefer Ha-Chukkim of 5725, p. 53; L.S.I. vol. XIX, p. 51. (11) Dinei Medinat Yisrael (New Version) No. 6, p. 120; N.V. vol. I, p. 145; Sefer Ha-Chukkim of 5747 p. 2; L.S.I. vol. XLI, p.. (12) Sefer Ha-Chukkim of 5736, p. 52; L.S.I. vol. XXX, p. 46; Sefer Ha-Chukkim of 5746, p. 246; L.S.I. vol. XLI, p. 285. (13) Sefer Ha-Chukkim of 5712, p. 339; L.S.I. vol. VI, p. 147. (14) Sefer Ha-Chukkim of 5729, p. 103; L.S.I. vol. XXIII, p. 110. (15) Sefer Ha-Chukkim of 5719, p. 190; L.S.I. vol. XIII, p. 103, Sefer Ha-Chukkim of 5721, p. 60; L.S.I. vol. XV, p. 55. (16) Sefer Ha-Chukkim of 5740, p. 2; L.S.I. vol. XXXIV, p. 3. (17) Sefer Ha-Chukkim of 5729, p. 144; L.S.I. vol. XXIII, p. 156; Sefer Ha-Chukkim of 5740, p. 100; L.S.I. vol. XXXIV, p. 109. (18) Dinei Medinat Yisrael (New Version) No. 18; NV vol. II, p. 198; Sefer Ha-Chukkim of 5742, p. 197; L.S.I. vol. XXXVI, p. 208. (19) Dinei Medinat Yisrael (New Version) No. 10; NV vol. II, p. 5; Sefer Ha-Chukkim of 5741, p. 134; L.S.I. vol. XXXV, p. 144. (20) Sefer Ha-Chukkim of 5723, p. 50; L.S.I. vol. XVII, p. 58; Sefer Ha-Chukkim of 5742, p. 134; L.S.I. vol. XXXVI, p. 17. (21) Sefer Ha-Chukkim of 5716, p. 197; L.S.I, vol. X, p. 99; Sefer Ha-Chukkim of 5725, p. 55; L.S.I. vol. XIX, p.53. (22) Sefer Ha-Chukkim of 5710, p. 311; L.S.I. vol. IV, p. 181. (23) Sefer Ha-Chukkim of 5716, p. 79; L.S.I. vol. X, p. 75. (24) Sefer Ha-Chukkim of 5714, p. 137; L.S.I. vol. VIII, p. 114; Sefer Ha-Chukkim of 5728, p. 56; L.S.I. vol. XXII, p. 56. (25) Laws of Palestine vol. II, p. 710 (English edition); P.G. of 1940, Suppl. I, p. 40 (English edition). (26) Sefer Ha-Chukkim of 5715, p. 10; L.S.I. vol. IX, p. 8. (27) Sefer Ha-Chukkim of 5723, p. 149; L.S.I. vol. XVII, p. 184; Sefer Ha-Chukkim of 5742, p. 34; L.S.I. vol. XXXVI, p. 271. (28) P.G. of l937, Suppl. I, p. 157 (English edition); Sefer Ha-Chukkim of 5741, p.48; L.S.I. XXXV, p. 47. (29) Dinei Medinat Yisrael (Nusah Chadash) No. 38, p. 749; Sefer Ha-Chukkim ((??)); NV, vol. IV, p. [blank]. (30) P.G. of 1934, Suppl. I, p. 242 (English edition). (31) Sefer Ha-Chukkim of 5745, p. 83; L.S.I. vol. XXXIX, p. [blank]. (32) Sefer Ha-Chukkim of 5712, p. 128; L.S.I. vol. VI, p. 34. (33) Sefer Ha-Chukkim of 5717, p. 44; L.S.I. vol. XI, p. 40. (34) Sefer Ha-Chukkim of 5719, p. 76; L.S.I. vol. XIII, p. 77; Sefer Ha-Chukkim of 5740, p. 228; L.S.I. vol. XXXIV, p. 264. (35) Sefer Ha-Chukkim of 5728, p. 204; L.S.I. vol. XXII p 232. (36) Sefer Ha-Chukkim of 5718, p. 24; L.S.I. vol. XII, p. 24; Sefer Ha-Chukkim of 5746, p. 128; L.S.I. vol. XL, p. 137. (37) Sefer Ha-Chukkim of 5727, p.l08; L.S.I. vol.XXI, p. l05.

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SOURCE: "Laws of the State of Israel: Authorized Translation from the Hebrew, Volume 42". Government Printer, Jerusalem, Israel (1948-1989), p. 108.

(C) Israel Law Resource Center, February, 2007.