Surely there's a difference between failing its test and not passing it? Because the guy's not even tried to test it, he's just taken one look at it and drilled a hole in it. The bottle is not necessarily unsafe for use, just not legal for use in that country. So if a bottle is tested and fails, then yes he should render it unusable as it would be unsafe to use. But if he gets one with the wrong label, he should return it in its original condition, with a note saying it is not legal for use in this country (but still charge the full test fee, of course
). Then the owner has the opportunity to sell it to somebody who could get it tested and use it legally.