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Eggs (Marketing Standards) Regulations (Northern Ireland) 1995

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Powers of authorised officers

5.—(1) For the purpose of enforcing any Community provision, an authorised officer, on producing if so required a duly authenticated document showing his authority, may—

(a)at all reasonable times enter and inspect land and premises (other than premises used only as a dwelling) on which any activity regulated by a Community provision is being, or is reasonably suspected of being, carried on;

(b)inspect and take samples of eggs found upon such land or premises;

(c)inspect and take samples of any label made in pursuance or purported pursuance of any Community provision and found upon such land or premises;

(d)carry out on such land or premises such other inspections or tests as may be reasonably necessary;

(e)require any person not to remove or cause to be removed any eggs from any land or premises for such period as he may reasonably specify as necessary for the purposes of his inspection of those eggs;

(f)require that any container of eggs which does not comply in any respect with the requirements of any Community provision, whether in relation to eggs contained in it or otherwise, be made so to comply before it is removed from such land or premises, except as may be otherwise directed by an authorised officer;

(g)inspect any records (in whatever form they are held) which any person is required to keep by virtue of any Community provision and, where any such records are kept by means of a computer—

(i)may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and

(ii)may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require;

(h)seize and detain any records which he has reason to believe may be. required as evidence in proceedings under these Regulations;

(i)where any records falling within sub-paragraph (h) are kept by means of a computer, require the records to be produced in a form in which they may be taken away.

(2) Any authorised officer entering any land or premises by virtue of this regulation may take with him such other persons as he considers necessary.

(3) The powers granted under the provisions of the Weights and Measures (Northern Ireland) Order 1981 to an inspector for the purpose of ascertaining whether any offence under that Order has been committed maybe exercised in like manner for the purpose of enforcing any Community provision which the Department of Economic Development has a duty to enforce under these Regulations.

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