§ 250 — Power to seize

250.—(1) Upon entering premises, a food security officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to an offence or contravention mentioned in section 245(1)(a) that has been or is being committed or has occurred or is occurring.(2) Upon entering premises, an authorised officer or a food inspector may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to any offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or a Part 9 offence.

(3) Upon entering premises, a Part 9 enforcement officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relevant to any of the following that has been or is being committed:(a)

a Part 9 offence;

(b)

an offence under Part 10 involving any Part 9 Regulations.

(4) In addition to subsection (2), an authorised officer or a food inspector may seize any relevant material or other thing described in subsection (5) if he or she reasonably believes, after making the inquiries that are reasonable in the circumstances —(a)

that the relevant material or other thing —(i)

has been abandoned; or

(ii)

has no apparent or readily identifiable owner;

(b)

that the seizure is necessary to prevent the relevant material or thing being used to continue, or repeat, an offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or under Part 9; or

(c)

that the relevant material or thing is decayed or putrefied or deleterious to human health.

(5) For the purposes of subsection (4) —(a)

the relevant material is any of the following:(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; or

(b)

the other thing is any of the following:(i)

a live food producing animal which is not clinically healthy and not free from signs of infectious or contagious disease;

(ii)

an animal reproductive material which was extracted or otherwise taken from a food producing animal that was not clinically healthy and not free from signs of infectious or contagious disease at the time of extraction or taking;

(iii)

a suspected hazard or the suspected source of contamination giving rise to a risk to human health.

(6) For the purposes of this section, an authorised officer or a food inspector may reasonably believe that an entire consignment or lot of food is unsafe or unsuitable or is a defined food, or an entire consignment or lot of primary produce is unsafe, for the purpose of exercising a power in subsection (1) if the authorised officer or food inspector —(a)

samples part of the consignment or lot;

(b)

forms the opinion that the sample is unsafe or unsuitable, or is a defined food; and

(c)

forms the opinion that the consignment or lot —(i)

has probably been managed in the same way as the sample; or

(ii)

has been subject to the same conditions or treatment as the sample.

(7) Where a live food producing animal is involved, an authorised officer or a food inspector may —(a)

seize the animal as well as the whole or any sample of any article or substance which has been in contact with the animal and take them to the place of examination; or

(b)

in writing direct the owner or person in charge of the animal to deliver the animal as well as the whole or any sample of any article or substance which has been in contact with the animal to a specified place of examination at a specified time.

(8) To avoid doubt, where any other thing seized in exercise of the power conferred on a food security officer, an authorised officer or a food inspector under subsection (1) or (2) is a conveyance, that power may be exercised whether or not the owner or an individual in control of the conveyance is present at the time of the seizure of the conveyance.

(9) A food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer —(a)

must prepare and sign a list of all relevant material or other things seized under this section, recording the location where each of the relevant material or other thing is found; and

(b)

must give a copy of that list to an owner of the relevant material or thing, except where the relevant material or other thing —(i)

has been abandoned;

(ii)

has no apparent or readily identifiable owner; or

(iii)

has been seized in the presence of the owner or the owner’s agent.

—(1) Upon entering premises, a food security officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to an offence or contravention mentioned in section 245(1)(a) that has been or is being committed or has occurred or is occurring.

(2) Upon entering premises, an authorised officer or a food inspector may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relating to any offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or a Part 9 offence.

(3) Upon entering premises, a Part 9 enforcement officer may seize any relevant material or other thing in those premises if he or she reasonably believes that the relevant material or thing is evidential material relevant to any of the following that has been or is being committed:(a)

a Part 9 offence;

(b)

an offence under Part 10 involving any Part 9 Regulations.

(4) In addition to subsection (2), an authorised officer or a food inspector may seize any relevant material or other thing described in subsection (5) if he or she reasonably believes, after making the inquiries that are reasonable in the circumstances —(a)

that the relevant material or other thing —(i)

has been abandoned; or

(ii)

has no apparent or readily identifiable owner;

(b)

that the seizure is necessary to prevent the relevant material or thing being used to continue, or repeat, an offence under this Act that has been or is being committed, except an offence mentioned in section 245(1)(a) or under Part 9; or

(c)

that the relevant material or thing is decayed or putrefied or deleterious to human health.

(5) For the purposes of subsection (4) —(a)

the relevant material is any of the following:(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; or

(b)

the other thing is any of the following:(i)

a live food producing animal which is not clinically healthy and not free from signs of infectious or contagious disease;

(ii)

an animal reproductive material which was extracted or otherwise taken from a food producing animal that was not clinically healthy and not free from signs of infectious or contagious disease at the time of extraction or taking;

(iii)

a suspected hazard or the suspected source of contamination giving rise to a risk to human health.

(6) For the purposes of this section, an authorised officer or a food inspector may reasonably believe that an entire consignment or lot of food is unsafe or unsuitable or is a defined food, or an entire consignment or lot of primary produce is unsafe, for the purpose of exercising a power in subsection (1) if the authorised officer or food inspector —(a)

samples part of the consignment or lot;

(b)

forms the opinion that the sample is unsafe or unsuitable, or is a defined food; and

(c)

forms the opinion that the consignment or lot —(i)

has probably been managed in the same way as the sample; or

(ii)

has been subject to the same conditions or treatment as the sample.

(7) Where a live food producing animal is involved, an authorised officer or a food inspector may —(a)

seize the animal as well as the whole or any sample of any article or substance which has been in contact with the animal and take them to the place of examination; or

(b)

in writing direct the owner or person in charge of the animal to deliver the animal as well as the whole or any sample of any article or substance which has been in contact with the animal to a specified place of examination at a specified time.

(8) To avoid doubt, where any other thing seized in exercise of the power conferred on a food security officer, an authorised officer or a food inspector under subsection (1) or (2) is a conveyance, that power may be exercised whether or not the owner or an individual in control of the conveyance is present at the time of the seizure of the conveyance.

(9) A food security officer, an authorised officer, a food inspector or a Part 9 enforcement officer —(a)

must prepare and sign a list of all relevant material or other things seized under this section, recording the location where each of the relevant material or other thing is found; and

(b)

must give a copy of that list to an owner of the relevant material or thing, except where the relevant material or other thing —(i)

has been abandoned;

(ii)

has no apparent or readily identifiable owner; or

(iii)

has been seized in the presence of the owner or the owner’s agent.