The Products of Animal Origin (Import and Export) Regulations 1996

Enforcement powers

6.—(1) The Minister may appoint persons to act as his authorised officers for the purposes of these Regulations.

(2) An authorised officer of the Minister or of a local authority shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any business premises for the purposes of enforcing these Regulations.

(3) In enforcing these Regulations, an authorised officer of the Minister or of a local authority may—

(a) carry out inspections of premises, means of transport, plant and equipment used for or relating to products of animal origin, cleaning and maintenance products, procedures used for the production and processing of products of animal origin and the marking and labelling and presentation of those products;

(b) check whether staff comply with the requirements of regulations relating to animal and public health;

(c) take samples to establish whether or not these Regulations are being complied with, and, by notice served on the person in charge of the products, detain products of animal origin pending the analysis of those samples;

(d) examine documentary or computer material relevant to their powers;

(e) take with him a representative of the European Commission who is acting as an inspector for the purposes of Directive 89/662 or 90/675.

(4) If a justice of the peace, or in Scotland the sheriff, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any of the purposes of this regulation and either—

(a) that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply has been given to the occupier; or

(b) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice or sheriff may by warrant signed by him, and valid for one month, authorise the authorised officer to enter the premises, if need be by reasonable force.

(5) In this regulation,

(a) “the Minister” means, in relation to England, the Minister of Agriculture, Fisheries and Food and, in relation to Scotland or Wales, the Secretary of State; and

(b) “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.