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YANGON, Myanmar - Myanmar's junta warned Thursday that legal action would be taken against people who trade or hoard international aid as the cyclone's death toll soared above 43,000.

It was the first acknowledgment by the military government, albeit indirectly, of problems with relief operations in the aftermath of cyclone Nargis.

The warning came amid reports that foreign aid was being sold openly in markets, and that the military was pilfering and diverting aid for its own use.

The ruling junta has been blasted by aid agencies for refusing to allow most foreign experts into the hard-hit Irrawaddy Delta and not responding adequately to what they say is a spiralling crisis.

Relief workers reported that some storm survivors were being given spoiled or poor-quality food rather than nutrition-rich biscuits sent by international donors, adding to fears that the ruling military junta in the Southeast Asian country could be misappropriating assistance.

New York-based Human Rights Watch said in a statement Wednesday that it had confirmed an Associated Press report that the military had seized high-energy biscuits that came from abroad, and distributed low-quality, locally produced biscuits to survivors.

Thursday's state radio announcement obliquely denied the military was misappropriating aid.

"The government has systematically accepted donations and has distributed the relief goods immediately and directly to the victims," it said. "Effective legal action will be taken against those who hoard, sell or buy, use or misuse the international or local donations or relief goods or cash to the cyclone victims."

Elisabeth Byrs, spokeswoman for the UN Office for the Co-ordination of Humanitarian Affairs, said aid workers who visited all the major markets in Yangon found no evidence of hoarding or sale of relief goods.

International Federation of Red Cross and Red Crescent Societies spokesman Matthew Cochrane said the organization also had not received any such reports.

The government said Thursday that the official death toll from the May 2-3 cyclone had climbed by almost 5,000 to 43,318. The number of missing has remained at 27,838 for at least two days.

But the International Federation of Red Cross and Red Crescent Societies estimated the death toll was between 68,833 and 127,990. The UN says more than 100,000 may have died.