The Genetically Modified Organisms (Traceability and Labelling) (Wales) Regulations 2005

Rights of Entry

5.—(1) An inspector may, if so required, on production of documentary evidence showing his or her authority, exercise any of the powers specified in paragraph (3) below for the purposes of the enforcement and execution of these Regulations and the specified Community provisions.

(2) For these purposes, those powers are exercisable in relation to any premises other than any part of premises used wholly or mainly for domestic purposes.

(3) The powers of an inspector are—

(a) at any reasonable time—

(i) to enter premises which he or she has reason to believe it is necessary for him or her to enter and to take with him or her any person duly authorised by the local authority by which the inspector was appointed or, in any case to which a direction of the Assembly under regulation 3(2) applies, by the Assembly and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his or her duty, a constable; and

(ii) to take with him or her any equipment or materials required for any purpose for which the power of entry is being exercised;

(b) to carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary;

(c) to direct that any, or any part of, premises which he or she has power to enter, or anything in or on such premises, be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any test or inspection;

(d) to take samples of any organisms, articles or substances found in or on any premises which he or she has power to enter;

(e) in the case of any product found on premises which he or she has power to enter which appears—

(i) to consist of or contain genetically modified organisms and that the inspector has reasonable cause to believe is not labelled in accordance with the Council Regulation, or

(ii) in the case of food or feed to be produced from genetically modified organisms and regarding which the inspector has reasonable cause to believe that the information specified in article 5(1) of the Council Regulation has not been transmitted to the operator receiving the product,

to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely—

(aa) to examine it;

(bb) to ensure that it is not tampered with before his or her examination of it is completed; and

(cc) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;

(f) to require any person whom he or she has reasonable cause to believe to be able to give any information relevant to any test or inspection under this paragraph to answer such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his or her answers;

(g) for the purposes of paragraph (f), the inspector may require that person to answer such questions in the absence of any other persons, other than a person nominated by the first mentioned person and any persons whom the inspector may allow to be present;

(h) to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept for the purpose of complying with any specified Community provision or which it is necessary for him or her to see for the purposes of any test or inspection under this paragraph;

(i) to inspect, and take copies of, or of any entry in, such records; and

(j) to require any person to afford him or her such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him or her by this regulation.

(4) Where under the power conferred by paragraph (3)(e) above an inspector takes possession of anything found on any premises, he or she must leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars sufficient to identify the inspector, what he or she has seized and stating that he or she has taken possession of it under that power; and before taking possession under that power of—

(a) any thing that forms part of a batch of similar things, or

(b) any substance,

an inspector must, if it is practical and safe for him or her to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.