Section 7: Powers of officers
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
7. Powers of officers
(1) For the purpose of ensuring compliance with this Act, an officer
may—
(a) at a reasonable time, enter any land, factory or other premises
where a regulated product is cultivated, produced, processed,
stored, sold, or otherwise dealt with, and—
(i) carry out any search, and may for that purpose break open
and search any container, receptacle or enclosed place;
(ii) take samples of a regulated product for analysis or testing
purposes;
(iii) collect relevant data;
(iv) effect quality control of the regulated product;
(v) make surveys or plans of the land or premises; or
(vi) inspect any record, book or document;
(b) seize and detain any regulated product where he has reasonable
ground to suspect that the product has been or is being cultivated, produced, processed, stored, sold or otherwise dealt with
in contravention with this Act;
(c) require any person in charge of an activity regulated by this Act
to submit to it any relevant document, book or record;
(d) take notes, make copies or take extracts of, or take photographs, of items submitted pursuant to paragraph (c);
N2A – 5 [Issue 5]
National Agricultural Products Regulatory Office Act
(e) direct any person in charge of an activity regulated by this Act
to take any specific step within a specified delay;
(f) carry out an investigation, swear an information and conduct a
prosecution with respect to any offence under this Act; and
(g) take such other measures as the circumstances may require.
(2) (a) An officer shall not enter any dwelling house for the purpose of
carrying out any of his functions or exercising any of his powers under this
Act, unless he is authorised to do so by a warrant from a Magistrate.
(b) A Magistrate shall not grant a warrant under paragraph (a) unless
he is satisfied that the officer has reasonable grounds for requiring entry to
the dwelling house.
(3) An officer who seizes a regulated product shall, as soon as is practicable, notify the person whom he reasonably suspects of having contravened this Act of the reason for the seizure.
(4) An officer who seizes a regulated product of a perishable nature may
destroy or otherwise dispose of it where, in his opinion—
(a) the destruction or disposal of the product is urgently
required; and
(b) it is not reasonably practicable to preserve the product.
(5) An officer shall, unless it is not reasonably practicable to do so,
forthwith inform the person, whom he reasonably suspects of having contravened this Act, of any decision taken in accordance with subsection (4).
PART III – REGISTRATION AND LICENSING