Agricultural Produce (Potatoes) Act, 1931

Inspection, etc. of potatoes.

29.—(1) Any inspector shall be entitled at all reasonable times to enter upon and have free access to the interior of—

(a) any registered premises; or

(b) the premises of any person engaged in the business of carrying goods for reward; or

(c) any warehouse or other premises of any person engaged in the business of ware-housing goods intended for export, or in process of being exported; or

(d) any pier, quay, wharf, jetty, dock or dock premises; or

(e) any ship, boat, railway wagon, motor lorry, cart or other vessel or vehicle used for the conveyance of goods.

(2) Any inspector may inspect any potatoes, or any package found in any place upon or to which he is entitled under this section to enter or have access or upon or in any public place and may open any such package which he reasonably believes or suspects to contain potatoes intended for export, and may take or remove without payment—

(a) reasonable samples of any potatoes found in any such place, whether such potatoes are or are not contained in a package; and

(b) any one package forming part of a consignment of potatoes found in any such place.

(3) If any person—

(a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section; or

(b) knowing the name or other particulars of the consignor, consignee, or owner of any potatoes, or of any package which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector; or

(c) wilfully or recklessly gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner;

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence to a penalty not exceeding five pounds, and in the case of a second or any subsequent offence to a penalty not exceeding ten pounds.

(4) Where any package is taken by an inspector under this section in any place (other than registered premises) it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

(5) If on the examination of any package taken under this section it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and in any other case, the package shall be disposed of in accordance with the directions of the consignor, or in default of such direction, shall be sold and the net proceeds of sale paid to the consignor.

(6) Neither the Minister, nor any inspector, shall be liable for any loss or damage arising from the exercise by an inspector of any of the powers conferred on him by this section, and no action shall lie against the consignor or any other person, for or on account of any such loss or damage as aforesaid.

(7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.