§ 239 — Power to identify and hold food, plant pesticide, etc.

239.—(1) If, after entering any premises, a food security officer, an authorised officer or a food inspector reasonably believes that any compartment, box, container or other thing in the premises contains any relevant material, the food security officer, authorised officer or food inspector (as the case may be) may —(a)

identify the relevant material; or

(b)

require the owner or any individual who appears to be in charge of the relevant material —(i)

to hold it at the premises where it is; or

(ii)

to move it to, and hold it at, any other reasonable place that the officer or inspector specifies,

until a further lawful direction of a food security officer, an authorised officer or a food inspector.

(2) For the purposes of subsection (1)(a), a food security officer, an authorised officer or a food inspector may use, or require the use of, any reasonable means to identify or mark the relevant material concerned.

(3) Without limiting subsection (1), a food security officer, an authorised officer or a food inspector may do all or any of the following to any relevant material:(a)

secure it by marking, sealing or labelling it or using any other similar means;

(b)

keep or store it in or on board any conveyance or in any premises, and may lock or seal the conveyance or those premises;

(c)

mark, seal or lock any door or opening containing or affording access to any relevant material;

(d)

direct its owner not to trade in it or use it until the results of any examination of the relevant material are available or necessary remedial action has been completed.

(4) This section does not limit section 240.

—(1) If, after entering any premises, a food security officer, an authorised officer or a food inspector reasonably believes that any compartment, box, container or other thing in the premises contains any relevant material, the food security officer, authorised officer or food inspector (as the case may be) may —(a)

identify the relevant material; or

(b)

require the owner or any individual who appears to be in charge of the relevant material —(i)

to hold it at the premises where it is; or

(ii)

to move it to, and hold it at, any other reasonable place that the officer or inspector specifies,

until a further lawful direction of a food security officer, an authorised officer or a food inspector.

(2) For the purposes of subsection (1)(a), a food security officer, an authorised officer or a food inspector may use, or require the use of, any reasonable means to identify or mark the relevant material concerned.

(3) Without limiting subsection (1), a food security officer, an authorised officer or a food inspector may do all or any of the following to any relevant material:(a)

secure it by marking, sealing or labelling it or using any other similar means;

(b)

keep or store it in or on board any conveyance or in any premises, and may lock or seal the conveyance or those premises;

(c)

mark, seal or lock any door or opening containing or affording access to any relevant material;

(d)

direct its owner not to trade in it or use it until the results of any examination of the relevant material are available or necessary remedial action has been completed.

(4) This section does not limit section 240.