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Powers of authorised officers.
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50.—(1) Without prejudice to the provisions of any food legislation, an authorised officer may, for the purpose of obtaining any information which may be required in order to enable the Authority to exercise its functions under this Act or an official agency to exercise its functions under a service contract—
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(a) require any employee of the Authority or of an official agency, a former employee of the Authority or an official agency or any person otherwise currently or previously retained by an official agency, or any person who carries or has carried on any trade, business or activity to which this Act relates or any person currently or previously employed in connection with that trade, business or activity to produce to him or her such records, and in the case of such information in a non-legible form to reproduce it in a permanent legible form, or to give to him or her such information, as the officer may reasonably require in relation to any entries in such records,
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(b) at all reasonable times enter any premises, subject to subsection (2), at which there are reasonable grounds to believe that any trade, business or activity in connection with the production, processing, disposal, manufacture, exportation, importation, storage, distribution or sale of food is, or has been, carried on, or that records in relation to such trade, business or activity are kept, and search and inspect the premises, and any records in or on the premises,
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(c) secure for later inspection any premises or any part thereof in which such records are kept or there are reasonable grounds for believing that such records are kept,
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(d) inspect and take copies of or extracts from any such records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),
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(e) remove and retain the said records for such period as may be reasonable for further examination,
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(f) require a person referred to in paragraph (a) to give to the officer any information which the officer may reasonably require in regard to the trade, business or activity or in regard to the persons carrying on such trade, business or activity or employed in connection with that trade, business or activity,
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(g) require any person referred to in paragraph (a) by or on whose behalf data equipment is or has been used in relation to a business within the meaning of paragraph (b) or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to its use thereto,
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(h) summon, at any reasonable time, any other person being or having been an employee of the Authority or of an official agency or retained or having been retained by the Authority or an official agency or employed in connection with the trade, business or activity under examination by the Authority or by its agent, by virtue of a service contract to give to the officer any information which the officer may reasonably require in regard to that trade, business or activity and to produce to the officer any records which are in that person's power or control.
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(2) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising such entry.
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(3) An authorised officer, where he or she considers it necessary, may require a member of the Garda Síochána to assist him or her when performing any powers conferred on an authorised officer by this Act which involves the breaking open of any premises or any other action in which the use of force may be necessary and is lawful and any member of the Garda Síochána so required shall, unless he or she has reasonable excuse, comply with the requirement.
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(4) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this section held in any premises, the judge may issue a warrant authorising an authorised officer, accompanied if appropriate by other authorised officers or by a member of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter that premises, if need be by reasonable force, and exercise all or any of the powers conferred on an authorised officer under this section.
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(5) A person who, without reasonable excuse, fails to comply with a requirement (other than a requirement under subsection (3)) made by an authorised officer under this Act shall be guilty of an offence.
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(6) A person guilty of an offence under subsection (5) shall be liable—
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(a) on summary conviction, to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 3 months or to both, or
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(b) on conviction on indictment, to a fine not exceeding £100,000 or to imprisonment for a term not exceeding 12 months or to both.
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(7) Where a person, after conviction of an offence under subsection (5), continues to contravene that provision, he or she shall be guilty of an offence on every day on which the contravention continues and for each such offence he or she shall be liable to a fine—
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(a) on summary conviction, not exceeding £500, or
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(b) on conviction on indictment, not exceeding £15,000.
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(8) A person who obstructs or interferes with an authorised officer in the exercise of his or her powers under this Act or gives an authorised officer information which the person knows to be false or misleading shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 3 months, or to both.
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