Food Act 1981

  • repealed
  • Food Act 1981: repealed, on 1 March 2016, by section 420(2) of the Food Act 2014 (2014 No 32).

Part 3 Enforcement

12 Powers of officers

(1)

In this section the expression article to which this section applies means—

(a)

any food; and

(b)

any appliance; and

(c)

any advertising material or labelling material; and

(d)

any package containing or intended to contain any food or appliance.

(2)

An officer, and any other person assisting him and acting under his direct supervision, may at any reasonable time—

(a)

enter and inspect any premises (not being a dwellinghouse) or vehicle (including any fixtures, fittings, or appliances in the premises or vehicle) where the officer reasonably believes that any article to which this section applies is, for the purposes of sale, prepared, processed, manufactured, packed, stored, carried, or delivered, or is sold:

(b)

enter any premises (not being a dwellinghouse) or vehicle where the officer reasonably believes that any books, documents, or other records are kept relating to—

(i)

any such preparation, processing, manufacture, packing, storage, carriage, delivery, or sale; or

(ii)

the purchase or receipt of any food or appliance for such preparation, processing, manufacture, packing, storage, carriage, delivery, or sale:

(c)

open and examine any appliance, receptacle, or package that the officer reasonably believes contains any article to which this section applies:

(d)

examine any article to which this section applies:

(e)

subject to sections 20 and 21, purchase or take samples of—

(i)

any food that the officer reasonably believes to be intended for sale or to have been sold; or

(ii)

any appliance that the officer reasonably believes to be intended for sale or to have been sold for use in the preparation, processing, manufacture, packing, storage, carriage, delivery, or sale of food:

(f)

purchase or take—

(i)

any package in which the officer reasonably believes food is intended to be packed for sale; or

(ii)

any advertising material or labelling material that the officer reasonably believes is intended for use in connection with the sale of any food or appliance, or to have been used for such purpose:

(g)

examine any books, documents, or other records that the officer reasonably believes contain information relevant to the enforcement of this Act or any regulations or food standards made under this Act, and make copies of or take extracts from any such records:

(h)

mark, fasten, seal, or otherwise secure on any premises—

(i)

any plant, machinery, or equipment that is used or intended to be used on those premises for the preparation or packing of any food and that the officer reasonably believes may render any food injurious to health or may taint any food; or

(ii)

any other article to which this section applies,—

and direct the owner of the plant, machinery, equipment, or other article to refrain from using it and to detain it for such time as may be necessary to obtain results of analysis or (where analysis is not appropriate) to take any necessary remedial action, but in no case longer than 14 days:

(i)

seize and detain any article to which this section applies, not being an article of a kind referred to in paragraph (h)(i), by means of or in relation to which the officer reasonably believes an offence against this Act or against any regulations made under this Act has been committed:

(j)

seize and detain any advertising material or labelling material that contravenes or does not comply with the requirements of this Act or any regulations or food standards made under this Act relating to advertisements or labels:

(k)

take photographs of any premises or vehicle, or any article to which this section applies, or any other thing, where or by means of or in relation to which the officer reasonably believes an offence against this Act or against any regulations made under this Act has been committed.

(2A)

Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (2)(i) or (j).

(3)

On demand by any person in any premises or vehicle, or claiming any interest in any article, in or in respect of which any power is exercised under this section, the officer exercising the power shall identify himself and produce evidence that he is an officer.

(4)

[Repealed]

Compare: 1969 No 7 s 21(1), (2), (4); 1979 No 27 s 47(1)–(6)

Section 12(2)(g): amended, on 1 July 1996, by section 10 of the Food Amendment Act 1996 (1996 No 41).

Section 12(2)(j): amended, on 1 July 1996, by section 10 of the Food Amendment Act 1996 (1996 No 41).

Section 12(2A): inserted, on 1 October 2012, by section 253(2) of the Search and Surveillance Act 2012 (2012 No 24).

Section 12(4): repealed, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).