§ 248 — Special powers of entry

248.—(1) A food security officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(1) without a warrant; and section 236 applies to entering into and remaining in any of those premises subject to subsection (2).(2) Despite section 236(6), a food security officer may make a forcible entry into premises mentioned in section 247(1) if all the following circumstances are met:(a)

the food security officer suspects on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring, and there is evidential material in those premises relevant to the offence or contravention;

(b)

the food security officer is unable to enter, or is refused entry to, those premises;

(c)

the food security officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;

(d)

the premises to be entered is not a private residence.

(3) An authorised officer or a food inspector may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(2) or (3) without a warrant; and section 236 applies to entering into and remaining in any of those premises, subject to subsections (4) and (5).

(4) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises mentioned in section 247(2) or (3) if all the following circumstances are met:(a)

the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that any offence under this Act (except an offence mentioned in section 245(1)(a) or under Part 9) has been or is being committed and there is evidential material in those premises relevant to such an offence;

(b)

the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;

(c)

the authorised officer or food inspector is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;

(d)

the premises to be entered is not a private residence.

(5) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises if all the following circumstances are met:(a)

the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that there is in the premises any of the following relevant material:(i)

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

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any unregistered plant pesticide;

(b)

the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;

(c)

the authorised officer or food inspector is reasonably satisfied that it is necessary to make a forcible entry to prevent or reduce a serious danger, or an imminent risk, of death or serious illness of any person from any relevant material in paragraph (a) being handled, used or supplied in connection with any regulated activity which has been or is being undertaken at those premises;

(d)

the premises to be entered is not a private residence.

(6) A Part 9 enforcement officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(4) without a warrant; and section 236 applies to an entry into and remaining in any of those premises, subject to subsection (7).

(7) Despite section 236(6), a Part 9 enforcement officer may make a forcible entry into premises mentioned in section 247(4) if all the following circumstances are met:(a)

the Part 9 enforcement officer suspects on reasonable grounds that —(i)

a Part 9 offence; or

(ii)

an offence under Part 10 involving any Part 9 Regulations,

has been or is being committed and there is evidential material in those premises relevant to such an offence;

(b)

the Part 9 enforcement officer is unable to enter, or is refused entry to, those premises;

(c)

the Part 9 enforcement officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed.

—(1) A food security officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(1) without a warrant; and section 236 applies to entering into and remaining in any of those premises subject to subsection (2).

(2) Despite section 236(6), a food security officer may make a forcible entry into premises mentioned in section 247(1) if all the following circumstances are met:(a)

the food security officer suspects on reasonable grounds that an offence or contravention mentioned in section 245(1)(a) has been or is being committed or has occurred or is occurring, and there is evidential material in those premises relevant to the offence or contravention;

(b)

the food security officer is unable to enter, or is refused entry to, those premises;

(c)

the food security officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;

(d)

the premises to be entered is not a private residence.

(3) An authorised officer or a food inspector may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(2) or (3) without a warrant; and section 236 applies to entering into and remaining in any of those premises, subject to subsections (4) and (5).

(4) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises mentioned in section 247(2) or (3) if all the following circumstances are met:(a)

the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that any offence under this Act (except an offence mentioned in section 245(1)(a) or under Part 9) has been or is being committed and there is evidential material in those premises relevant to such an offence;

(b)

the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;

(c)

the authorised officer or food inspector is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed;

(d)

the premises to be entered is not a private residence.

(5) Despite section 236(6), an authorised officer or a food inspector may make a forcible entry into premises if all the following circumstances are met:(a)

the authorised officer or food inspector (as the case may be) suspects on reasonable grounds that there is in the premises any of the following relevant material:(i)

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

(ii)

any primary produce which is unsafe;

(iii)

any controlled item which is failing;

(iv)

any animal feed which is not fit for purpose;

(v)

any non‑packaged drinking water for supply which is unwholesome;

(vi)

any unregistered plant pesticide;

(b)

the authorised officer or food inspector is unable to enter, or is refused entry to, those premises;

(c)

the authorised officer or food inspector is reasonably satisfied that it is necessary to make a forcible entry to prevent or reduce a serious danger, or an imminent risk, of death or serious illness of any person from any relevant material in paragraph (a) being handled, used or supplied in connection with any regulated activity which has been or is being undertaken at those premises;

(d)

the premises to be entered is not a private residence.

(6) A Part 9 enforcement officer may, at a reasonable time in the day or night, enter and remain at any of the premises mentioned in section 247(4) without a warrant; and section 236 applies to an entry into and remaining in any of those premises, subject to subsection (7).

(7) Despite section 236(6), a Part 9 enforcement officer may make a forcible entry into premises mentioned in section 247(4) if all the following circumstances are met:(a)

the Part 9 enforcement officer suspects on reasonable grounds that —(i)

a Part 9 offence; or

(ii)

an offence under Part 10 involving any Part 9 Regulations,

has been or is being committed and there is evidential material in those premises relevant to such an offence;

(b)

the Part 9 enforcement officer is unable to enter, or is refused entry to, those premises;

(c)

the Part 9 enforcement officer is reasonably satisfied that it is necessary to secure the evidential material in order to prevent the material from being concealed, lost or destroyed.