§ 238 — Power to get documents or information

238.—(1) A food security officer, an authorised officer or a food inspector may require a person who is required under any provision of this Act to keep records (a)

to provide for inspection any document or information to the food security officer, authorised officer or food inspector (as the case may be) within the period and in the manner specified by the officer or inspector; and

(b)

to allow an inspection and taking of extracts from, or making copies of, any such document or information, free of charge.

(2) For the purposes of subsection (1), where any document or information is kept in electronic form, the power to inspect the document or information includes the power —(a)

to access any computer or other equipment (including a mobile communication device) in which the document or information is stored; and

(b)

to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access to the document or information contained or available to the computer or equipment, including assistance through the provision of any username, password, access code or other authentication information required to gain access to it.

(3) For the purposes of subsection (1), the power to inspect any document or information includes the power to take possession of the document or any thing containing the information (but not a mobile phone or wearable device (such as a smart watch) designed or capable of being used for any communicative function) if, in the opinion of a food security officer, an authorised officer or a food inspector concerned —(a)

the inspection or copying of or extraction from the document or thing cannot reasonably be performed without taking possession;

(b)

the document or thing may be interfered with or destroyed unless possession is taken; or

(c)

the document or thing may be evidential material or be required as evidence in any regulatory action instituted or commenced under this Act.

(4) For the purposes of subsection (1)(b), if any document or information is in an electronic form contained or available to a computer or other electronic equipment in any premises, the power to take extracts from, or make copies of, such document or information includes the power —(a)

to use or operate the computer or other electronic equipment in the premises to make one or more copies of the document or information contained or available to that computer or equipment; and

(b)

to transfer the document or information to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(5) A food security officer, an authorised officer or a food inspector is entitled without payment to keep any document or information, or any copy or extract thereof, provided to him or her under this section.

—(1) A food security officer, an authorised officer or a food inspector may require a person who is required under any provision of this Act to keep records (a)

to provide for inspection any document or information to the food security officer, authorised officer or food inspector (as the case may be) within the period and in the manner specified by the officer or inspector; and

(b)

to allow an inspection and taking of extracts from, or making copies of, any such document or information, free of charge.

(2) For the purposes of subsection (1), where any document or information is kept in electronic form, the power to inspect the document or information includes the power —(a)

to access any computer or other equipment (including a mobile communication device) in which the document or information is stored; and

(b)

to require any person having charge of, or otherwise concerned with the operation of, the computer or equipment to provide assistance in gaining such access to the document or information contained or available to the computer or equipment, including assistance through the provision of any username, password, access code or other authentication information required to gain access to it.

(3) For the purposes of subsection (1), the power to inspect any document or information includes the power to take possession of the document or any thing containing the information (but not a mobile phone or wearable device (such as a smart watch) designed or capable of being used for any communicative function) if, in the opinion of a food security officer, an authorised officer or a food inspector concerned —(a)

the inspection or copying of or extraction from the document or thing cannot reasonably be performed without taking possession;

(b)

the document or thing may be interfered with or destroyed unless possession is taken; or

(c)

the document or thing may be evidential material or be required as evidence in any regulatory action instituted or commenced under this Act.

(4) For the purposes of subsection (1)(b), if any document or information is in an electronic form contained or available to a computer or other electronic equipment in any premises, the power to take extracts from, or make copies of, such document or information includes the power —(a)

to use or operate the computer or other electronic equipment in the premises to make one or more copies of the document or information contained or available to that computer or equipment; and

(b)

to transfer the document or information to a disk, tape or other storage device that —(i)

is brought to the premises for the exercise of the power; or

(ii)

is in the premises and the use of which for that purpose has been agreed in writing by the occupier of the premises,

and to remove the disk, tape or other storage device from those premises.

(5) A food security officer, an authorised officer or a food inspector is entitled without payment to keep any document or information, or any copy or extract thereof, provided to him or her under this section.