Agricultural and Food Supply Chain Act 2023

Power to enter premises to investigate offence

75. (1) An authorised officer may enter premises if the officer has reasonable grounds for believing that—

(a) an offence under this Act has been, is being, or is about to be committed on the premises, or

(b) evidence of an offence under this Act is likely to be found on the premises (or in anything on the premises).

(2) An authorised officer entering a premises under subsection (1) may—

(a) search the premises,

(b) require a person occupying or in control of the premises to provide equipment, facilities or other assistance,

(c) search anything in which the evidence of an offence may be found,

(d) require a person in charge or control of the thing to—

(i) refrain from moving it, or move it to a location where it may be searched,

(ii) give information regarding its place of departure, journey or destination,

(iii) where the thing is part of a computerised information management system, provide assistance (including passwords) to enable access to the thing or a related device or system, or

(iv) provide any other kind of assistance,

(e) seize and detain a record related to an agricultural and food product or other thing used in connection with an agricultural and food product, mark or otherwise identify it and detain it for such period as is necessary for the purpose of the authorised officer’s functions (including an inspection or search under this Part at any place the authorised officer requires), and

(f) give a direction to a person who is in possession of, or who has power over or information relating to, a record relating to an agricultural and food product or any thing used in connection with an agricultural and food product.