§ 236 — Power to enter premises for monitoring

236.—(1) A food security officer, an authorised officer or a food inspector may, at a reasonable time in the day or night, and without warrant, enter and remain at —(a)

any of the premises mentioned in section 235(1), in the case of a food security officer; or

(b)

any of the premises mentioned in section 235(2), in the case of an authorised officer or a food inspector.

(2) A food security officer, an authorised officer or a food inspector entering any premises —(a)

may be accompanied by any number of police officers or other individuals that the food security officer, authorised officer or food inspector (as the case may be) considers necessary; and

(b)

may take into or onto the premises any equipment and materials that he or she requires for the purpose of exercising monitoring powers in relation to those premises.

(3) If the owner or occupier of the premises is present when a food security officer, an authorised officer or a food inspector seeks to enter the premises under subsection (1), the food security officer, authorised officer or food inspector (as the case may be) must, before entering —(a)

declare his or her office to the owner or occupier; and

(b)

show to the owner or occupier his or her identification card as proof of identity.

(4) If the owner or occupier of the premises is not present when entry under subsection (1) or (2) to the premises is sought, but some other individual who appears to be in charge of the premises is present, then subsection (3) applies to that other individual as if that individual were the owner or occupier of the premises.

(5) However, subsections (3) and (4) do not apply if the premises in question are unoccupied at the time of entry.

(6) This section does not empower a food security officer, an authorised officer or a food inspector to exercise any power of forcible entry into any premises.

—(1) A food security officer, an authorised officer or a food inspector may, at a reasonable time in the day or night, and without warrant, enter and remain at —(a)

any of the premises mentioned in section 235(1), in the case of a food security officer; or

(b)

any of the premises mentioned in section 235(2), in the case of an authorised officer or a food inspector.

(2) A food security officer, an authorised officer or a food inspector entering any premises —(a)

may be accompanied by any number of police officers or other individuals that the food security officer, authorised officer or food inspector (as the case may be) considers necessary; and

(b)

may take into or onto the premises any equipment and materials that he or she requires for the purpose of exercising monitoring powers in relation to those premises.

(3) If the owner or occupier of the premises is present when a food security officer, an authorised officer or a food inspector seeks to enter the premises under subsection (1), the food security officer, authorised officer or food inspector (as the case may be) must, before entering —(a)

declare his or her office to the owner or occupier; and

(b)

show to the owner or occupier his or her identification card as proof of identity.

(4) If the owner or occupier of the premises is not present when entry under subsection (1) or (2) to the premises is sought, but some other individual who appears to be in charge of the premises is present, then subsection (3) applies to that other individual as if that individual were the owner or occupier of the premises.

(5) However, subsections (3) and (4) do not apply if the premises in question are unoccupied at the time of entry.

(6) This section does not empower a food security officer, an authorised officer or a food inspector to exercise any power of forcible entry into any premises.