Organic Farming Regulations (Northern Ireland) 2008

Powers of authorized persons

10.—(1) An authorized person may at all reasonable times, on producing if so required some duly authenticated documents showing his authority, enter on to any land, other than land used solely for the purpose of a dwelling house—

(a)to which a claim or agreement relates; or

(b)on which he has reasonable grounds to believe that documents relating to a claim or agreement are being kept

for any of the purposes mentioned in paragraph (2).

(2) The purposes referred to in paragraph (1) are—

(a)inspecting the land to which a claim or agreement relates;

(b)verifying the accuracy of any information provided by the beneficiary in relation to a claim or agreement; and

(c)determining whether a beneficiary has complied with any undertaking or condition under these Regulations.

(3) An authorized person who has entered any land under paragraph (1) may—

(a)inspect the land and any document, record or equipment on it which he reasonably believes relates to a claim or agreement;

(b)require the beneficiary to produce any document or supply any additional information in his possession relating to the claim or agreement;

(c)where any information referred to in sub-paragraph (b) is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used for storing that information and require that information to be reproduced in a form in which it is legible and can be taken away;

(d)require copies of or extracts of any such document or other record referred to in sub-paragraph (a) or (b) to be produced;

(e)retain a copy of any document produced to him;

(f)seize and retain any document or any record which he reasonably believes may be required as evidence in proceedings under or for the purposes of these Regulations;

(g)carry out any enquiries, checks, examinations and tests;

(h)take samples;

(i)inspect any crop growing on the land or kept on it;

(j)mark any animal or other thing for identification purposes; and

(k)inspect and count livestock on the land and may, for this purpose, require the beneficiary to arrange for the collection and securing of such livestock.

(4) A beneficiary shall give an authorized person all reasonable assistance in relation to the exercise of his powers under this Regulation.

(5) An authorized person entering any land under paragraph (1) may be accompanied by—

(a)an official of the European Commission; and

(b)such other persons as he considers necessary,

and paragraphs (2) and (3) shall apply in relation to any person referred to in sub-paragraph (b) when acting under the instructions of an authorized person as if he were an authorized person.