§ 237 — Powers after entering premises

237.—(1) After entering any premises, a food security officer, an authorised officer or a food inspector may exercise all or any of the following powers:(a)

to observe any activity conducted in the premises;

(b)

to examine any animal, object or thing in the premises;

(c)

to inspect and examine the premises;

(d)

to make or direct the making of a sketch, photograph or film, or an audio or a video recording, of —(i)

any part of the premises, and the immediate vicinity of those premises unless the immediate vicinity is or consists of a private residence;

(ii)

any animal, object or thing in the premises; or

(iii)

any activity conducted in or on the premises;

(e)

to do any of the following:(i)

to open or require to be opened any door, window, lock, fastener, cupboard, compartment, box, container or any other thing;

(ii)

if the cupboard, compartment, box, container or other thing appears abandoned but is locked, to use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the cupboard, compartment, box, container or other thing so as to open it;

(f)

to interrupt any regulated activity being carried out in the premises;

(g)

to search any part of the premises;

(h)

to request to inspect, and to inspect, free of charge any document found on the premises;

(i)

to exercise any other monitoring power;

(j)

to take into or onto the premises any equipment or materials that the food security officer, authorised officer or food inspector (as the case may be) reasonably requires for the exercise of a monitoring power;

(k)

to request the occupier of the premises, or some other individual who appears to be in charge of the premises and is present, to give the food security officer, authorised officer or food inspector (as the case may be) reasonable help to exercise the officer’s or inspector’s powers under paragraphs (a) to (j).

(2) Section 238 applies to a request made under subsection (1)(h) with the necessary modifications.

(3) When making a request mentioned in subsection (1)(k), the food security officer, authorised officer or food inspector (as the case may be) must warn the individual requested that it is an offence to fail to comply with the request, unless the individual has a reasonable excuse.

—(1) After entering any premises, a food security officer, an authorised officer or a food inspector may exercise all or any of the following powers:(a)

to observe any activity conducted in the premises;

(b)

to examine any animal, object or thing in the premises;

(c)

to inspect and examine the premises;

(d)

to make or direct the making of a sketch, photograph or film, or an audio or a video recording, of —(i)

any part of the premises, and the immediate vicinity of those premises unless the immediate vicinity is or consists of a private residence;

(ii)

any animal, object or thing in the premises; or

(iii)

any activity conducted in or on the premises;

(e)

to do any of the following:(i)

to open or require to be opened any door, window, lock, fastener, cupboard, compartment, box, container or any other thing;

(ii)

if the cupboard, compartment, box, container or other thing appears abandoned but is locked, to use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to the cupboard, compartment, box, container or other thing so as to open it;

(f)

to interrupt any regulated activity being carried out in the premises;

(g)

to search any part of the premises;

(h)

to request to inspect, and to inspect, free of charge any document found on the premises;

(i)

to exercise any other monitoring power;

(j)

to take into or onto the premises any equipment or materials that the food security officer, authorised officer or food inspector (as the case may be) reasonably requires for the exercise of a monitoring power;

(k)

to request the occupier of the premises, or some other individual who appears to be in charge of the premises and is present, to give the food security officer, authorised officer or food inspector (as the case may be) reasonable help to exercise the officer’s or inspector’s powers under paragraphs (a) to (j).

(2) Section 238 applies to a request made under subsection (1)(h) with the necessary modifications.

(3) When making a request mentioned in subsection (1)(k), the food security officer, authorised officer or food inspector (as the case may be) must warn the individual requested that it is an offence to fail to comply with the request, unless the individual has a reasonable excuse.