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The Organic Products (Wales) Regulations 2002

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This is the original version (as it was originally made).

Powers of entry

10.—(1) An authorised officer shall, on producing, if so required, some duly authenticated document showing his or her authority, have a right at all reasonable hours to enter any premises for the purposes of ascertaining whether there is or has been any contravention of, or failure to comply with, the specified Community provisions or regulation 4 above.

(2) If a justice of the peace, on sworn information in writing, is satisfied that there is a reasonable ground for entry into any premises for any such purpose as is mentioned in paragraph (1) above and either—

(a)that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant 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 may sign a warrant to authorise the authorised officer to enter the premises, if need be by reasonable force.

(3) Every warrant granted under this regulation shall continue in force for a period of one month.

(4) An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons as he or she considers necessary, and on leaving any unoccupied premises which the officer has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as when the officer arrived.

(5) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a business dealing with any organic product and, where any such records are kept by means of computer—

(a)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

(b)may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford such assistance as the authorised officer may reasonably require.

(6) Any officer exercising any power conferred by paragraph (5) above may—

(a)seize and detain any records which the officer has reason to believe may be required as evidence in any proceedings under these Regulations; and

(b)where the records are kept by means of a computer, may require the records to be produced in a form in which they may be taken away.

(7) If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained in the premises with regard to any trade secret, he or she shall, unless the disclosure was made in the performance of his or her duty, be guilty of an offence.

(8) Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981(1), to enter any premises—

(a)in which an animal or bird affected with any disease to which that Act applies is kept; and

(b)which is situated in a place declared under that Act to be infected with such a disease.

(9) In this regulation “premises” includes any vehicle, stall or moveable structure, but does not include any premises used only as a dwelling.

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