§ 240 — Power to require presentation of live animals

240.—(1) After entering any premises, an authorised officer or a food inspector may reasonably —(a)

require the owner or a person in control of a live food producing animal in those premises to present the animal in a manner suitable for examination and identification;

(b)

direct the owner or a person in control of a live food producing animal in those premises to hold, isolate, separate it, or to treat all or any of those live food producing animals, for any purpose in paragraph (a);

(c)

require the owner or a person in control of a live food producing animal in those premises to move or bring the animal to a convenient place within a reasonable distance of those premises, to allow the authorised officer or food inspector to exercise monitoring powers in relation to the animal, and detain the animal at that place for as long as is reasonably necessary to allow the authorised officer or food inspector to exercise those monitoring powers; or

(d)

examine and identify a live food producing animal presented, held, isolated, separated, treated, moved, brought or detained under paragraph (a), (b) or (c).

(2) Without limiting subsection (1), an authorised officer or a food inspector may identify an animal by marking it or using any other suitable means.

(3) If the owner or person in control of a live food producing animal fails to present the animal as required under subsection (1)(a) or to move the animal as required under subsection (1)(c), an authorised officer or a food inspector may capture, collect, muster, extract, harvest, or pen the animal for the relevant purpose.

(4) The presentation or movement of any live food producing animal required under subsection (1)(a) or (c) is at the cost of the person to whom the requirement or direction under subsection (1) was addressed.

(5) Any expenses reasonably incurred by an authorised officer or a food inspector in the exercise of his or her powers under subsection (3) may be recovered, as a debt due to the Agency, from the person to whom the requirement or direction under subsection (1) was addressed.

(6) No compensation is payable in respect of any animal which is damaged or otherwise destroyed by virtue of any examination or identification under subsection (1) or any exercise of powers under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the authorised officer or food inspector.

(7) A requirement or direction under subsection (1)(a), (b) or (c) must be in writing, or be confirmed in writing as soon as practicable after being given orally.

—(1) After entering any premises, an authorised officer or a food inspector may reasonably —(a)

require the owner or a person in control of a live food producing animal in those premises to present the animal in a manner suitable for examination and identification;

(b)

direct the owner or a person in control of a live food producing animal in those premises to hold, isolate, separate it, or to treat all or any of those live food producing animals, for any purpose in paragraph (a);

(c)

require the owner or a person in control of a live food producing animal in those premises to move or bring the animal to a convenient place within a reasonable distance of those premises, to allow the authorised officer or food inspector to exercise monitoring powers in relation to the animal, and detain the animal at that place for as long as is reasonably necessary to allow the authorised officer or food inspector to exercise those monitoring powers; or

(d)

examine and identify a live food producing animal presented, held, isolated, separated, treated, moved, brought or detained under paragraph (a), (b) or (c).

(2) Without limiting subsection (1), an authorised officer or a food inspector may identify an animal by marking it or using any other suitable means.

(3) If the owner or person in control of a live food producing animal fails to present the animal as required under subsection (1)(a) or to move the animal as required under subsection (1)(c), an authorised officer or a food inspector may capture, collect, muster, extract, harvest, or pen the animal for the relevant purpose.

(4) The presentation or movement of any live food producing animal required under subsection (1)(a) or (c) is at the cost of the person to whom the requirement or direction under subsection (1) was addressed.

(5) Any expenses reasonably incurred by an authorised officer or a food inspector in the exercise of his or her powers under subsection (3) may be recovered, as a debt due to the Agency, from the person to whom the requirement or direction under subsection (1) was addressed.

(6) No compensation is payable in respect of any animal which is damaged or otherwise destroyed by virtue of any examination or identification under subsection (1) or any exercise of powers under subsection (3), unless the damage or destruction is directly attributable to the negligence or default of the authorised officer or food inspector.

(7) A requirement or direction under subsection (1)(a), (b) or (c) must be in writing, or be confirmed in writing as soon as practicable after being given orally.