Dairy Produce Act, 1924

Inspection, etc., of butter.

10.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon and have free access to the interior of—

(a) any premises registered under this Act or under the Sale of Food and Drugs Acts, 1875 to 1907, or

(b) any premises in which butter is sold, or is exposed, kept, or stored for sale, or is stored for preservation by exposure to cold or otherwise, or

(c) the premises of any person engaged in the business of carrying goods for reward, or

(d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, or

(e) any pier, quay, wharf, jetty, dock, or dock premises, or

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

(2) Any inspector may inspect any butter, 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 butter, and may take and remove without payment—

(a) reasonable samples of any butter found in any such place, whether such butter is or is not contained in a package, and

(b) reasonable samples of any wrappers or packing materials in which any such butter is packed, and

(c) any one package forming part of a consignment of butter 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 butter 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 particular 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 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 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 shall be forfeited to the Minister, and in any other case the package shall be disposed of in accordance with the directions of the owner or the consignor or, in default of such directions, 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 lawful 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.