§ 245 — Investigating powers: why

245.—(1) A food security officer may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the food security officer suspects on reasonable grounds that —(i)

an offence under section 28(3), 31(1), 35(3) or 36(1) or any Part 2 Rules has been or is being committed;

(ii)

an offence under section 253, 254, 255, 256 or 257 involving a food security officer has been or is being committed; or

(iii)

a contravention of a minimum stockholding requirement has occurred or is occurring and any liability to pay an MSR charge has accrued or is accruing under a civil penalty provision;

(b)

to gather evidential material relating to any offence or contravention mentioned in paragraph (a), that the food security officer suspects on reasonable grounds has been or is being committed or has occurred or is occurring, as the case may be.

(2) An authorised officer or a food inspector may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the authorised officer or food inspector suspects on reasonable grounds that any offence under this Act has been or is being committed, excluding any of the following:(i)

an offence mentioned in subsection (1)(a);

(ii)

a Part 9 offence;

(iii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence under this Act (but not an offence excluded by paragraph (a)) that the authorised officer or food inspector suspects on reasonable grounds has been or is being committed;

(c)

to determine whether there is any ground to give a section 116 direction or a Part 7 direction to any person;

(d)

to determine whether —(i)

any food is unsafe food, unsuitable food or a defined food;

(ii)

any controlled item is failing;

(iii)

any animal feed is not fit for purpose; or

(iv)

any non‑packaged drinking water is unwholesome.

(3) A Part 9 enforcement officer may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the Part 9 enforcement officer suspects on reasonable grounds that any of the following has been or is being committed:(i)

a Part 9 offence;

(ii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence mentioned in paragraph (a) that the Part 9 enforcement officer suspects on reasonable grounds that has been or is being committed.

—(1) A food security officer may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the food security officer suspects on reasonable grounds that —(i)

an offence under section 28(3), 31(1), 35(3) or 36(1) or any Part 2 Rules has been or is being committed;

(ii)

an offence under section 253, 254, 255, 256 or 257 involving a food security officer has been or is being committed; or

(iii)

a contravention of a minimum stockholding requirement has occurred or is occurring and any liability to pay an MSR charge has accrued or is accruing under a civil penalty provision;

(b)

to gather evidential material relating to any offence or contravention mentioned in paragraph (a), that the food security officer suspects on reasonable grounds has been or is being committed or has occurred or is occurring, as the case may be.

(2) An authorised officer or a food inspector may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the authorised officer or food inspector suspects on reasonable grounds that any offence under this Act has been or is being committed, excluding any of the following:(i)

an offence mentioned in subsection (1)(a);

(ii)

a Part 9 offence;

(iii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence under this Act (but not an offence excluded by paragraph (a)) that the authorised officer or food inspector suspects on reasonable grounds has been or is being committed;

(c)

to determine whether there is any ground to give a section 116 direction or a Part 7 direction to any person;

(d)

to determine whether —(i)

any food is unsafe food, unsuitable food or a defined food;

(ii)

any controlled item is failing;

(iii)

any animal feed is not fit for purpose; or

(iv)

any non‑packaged drinking water is unwholesome.

(3) A Part 9 enforcement officer may exercise an investigating power for one or more of the following purposes, only:(a)

to inquire into anything where the Part 9 enforcement officer suspects on reasonable grounds that any of the following has been or is being committed:(i)

a Part 9 offence;

(ii)

an offence under Part 10 involving any Part 9 Regulations;

(b)

to gather evidential material that relates to any offence mentioned in paragraph (a) that the Part 9 enforcement officer suspects on reasonable grounds that has been or is being committed.