§ 247 — Investigating powers: where

247.—(1) The premises in relation to which a food security officer may exercise an investigating power are as follows:(a)

any of the premises mentioned in section 235(1);

(b)

any premises occupied or used in the course of a business by a person —(i)

who is an agri‑food supply chain participant, or is closely connected with, an agri‑food supply chain; and

(ii)

who falls within any class of persons prescribed in the Part 2 Rules for the purposes of section 32.

(2) The premises in relation to which an authorised officer or a food inspector may exercise an investigating power are as follows:(a)

any of the premises in section 235(2);

(b)

any premises occupied or used for or in connection with a regulated activity which has been or is being undertaken at those premises and whether or not a private residence;

(c)

any food premises, whether or not the subject of a food business licence and whether or not a private residence;

(d)

any premises adjoining or near any premises in paragraph (a), (b) or (c), subject to subsection (3).

(3) However, an investigating power may be exercised in relation to premises mentioned in subsection (2)(d) only if the authorised officer or food inspector concerned believes on reasonable grounds —(a)

that it is necessary to do so for the purpose of entering any other premises mentioned in subsection (2)(a), (b) or (c); or

(b)

that activities are being carried out in the premises mentioned in subsection (2)(d) in such a manner, or that the premises are in such a state or condition, that presents or is likely to present a hazard or a source of contamination that may adversely affect any of the following in, or carried out in, the adjoining premises or nearby premises:(i)

the safety or suitability of any food or primary produce handled or produced by a food business;

(ii)

any live food producing animal, or other thing that may become food;

(iii)

the fitness for purpose of animal feed produced or being produced.

(4) The premises in relation to which a Part 9 enforcement officer may exercise an investigating power are —(a)

any food premises that is not a private residence; or

(b)

any other premises (except a private residence) where food is supplied or is to be supplied or from which food is supplied or is to be supplied.

—(1) The premises in relation to which a food security officer may exercise an investigating power are as follows:(a)

any of the premises mentioned in section 235(1);

(b)

any premises occupied or used in the course of a business by a person —(i)

who is an agri‑food supply chain participant, or is closely connected with, an agri‑food supply chain; and

(ii)

who falls within any class of persons prescribed in the Part 2 Rules for the purposes of section 32.

(2) The premises in relation to which an authorised officer or a food inspector may exercise an investigating power are as follows:(a)

any of the premises in section 235(2);

(b)

any premises occupied or used for or in connection with a regulated activity which has been or is being undertaken at those premises and whether or not a private residence;

(c)

any food premises, whether or not the subject of a food business licence and whether or not a private residence;

(d)

any premises adjoining or near any premises in paragraph (a), (b) or (c), subject to subsection (3).

(3) However, an investigating power may be exercised in relation to premises mentioned in subsection (2)(d) only if the authorised officer or food inspector concerned believes on reasonable grounds —(a)

that it is necessary to do so for the purpose of entering any other premises mentioned in subsection (2)(a), (b) or (c); or

(b)

that activities are being carried out in the premises mentioned in subsection (2)(d) in such a manner, or that the premises are in such a state or condition, that presents or is likely to present a hazard or a source of contamination that may adversely affect any of the following in, or carried out in, the adjoining premises or nearby premises:(i)

the safety or suitability of any food or primary produce handled or produced by a food business;

(ii)

any live food producing animal, or other thing that may become food;

(iii)

the fitness for purpose of animal feed produced or being produced.

(4) The premises in relation to which a Part 9 enforcement officer may exercise an investigating power are —(a)

any food premises that is not a private residence; or

(b)

any other premises (except a private residence) where food is supplied or is to be supplied or from which food is supplied or is to be supplied.