Microbeads (Prohibition) Act 2019

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Powers of authorised persons

5. (1) For the purposes of this Act, an authorised person may—

(a) subject to subsection (2), enter (at all reasonable times and, if necessary, by the use of reasonable force) and inspect any premises at which he or she has reasonable grounds for believing that—

(i) any trade, business or activity connected with the manufacture, placing on the market, disposal, storage, packaging or labelling of products containing microbeads is being or has been carried on, or

(ii) books, records or other documents (including documents stored in non-legible form) relating to such trade, business or activity are kept,

(b) at such premises inspect and take copies of—

(i) any books, records, other documents (including documents stored in non-legible form) or extracts therefrom, or

(ii) labels or packaging relating to products containing microbeads,

that he or she finds in the course of his or her inspection,

(c) remove any such books, records, documents, labels or packaging from such premises and retain them for such period as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,

(d) conduct, or cause to be conducted, such examinations and inspections of—

(i) any products containing microbeads,

(ii) packaging of such products,

(iii) any article or substance used in connection with the manufacture, labelling, packaging or storage of such products, or

(iv) any equipment, machinery or plant,

found at the premises as he or she reasonably considers to be necessary for the purposes of his or her functions under this Act,

(e) require any person at the premises, the owner or person in charge of the premises or any person employed therein to—

(i) give to the authorised person such assistance and information, and

(ii) produce to the authorised person—

(I) such labels or packaging relating to products containing microbeads, and

(II) books, documents or other records (and in the case of documents or records stored in non-legible form, a legible reproduction thereof),

that are in that person’s possession or procurement, as the authorised person may reasonably require for the purposes of his or her functions under this Act,

(f) require any person at the premises (including the owner, person in charge of the premises and any person employed therein) to answer such questions as the authorised person may ask relative to any matter in connection with compliance with this Act,

(g) for the purposes of analysis and examination, take samples of—

(i) any substance or product—

(I) containing microbeads, or

(II) that he or she has reasonable grounds for believing contains microbeads,

(ii) packaging relating to any such substance or product, or

(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,

found at the premises,

(h) direct that any—

(i) substance or product—

(I) containing microbeads, or

(II) that he or she has reasonable grounds for believing contains microbeads, or

(ii) packaging relating to any such substance or product,

that is found at the premises not be moved from the premises without his or her consent,

(i) secure for later inspection the premises, or any part of the premises, in which—

(i) any substance or product—

(I) containing microbeads, or

(II) that he or she has reasonable grounds for believing contains microbeads,

(ii) packaging relating to any such substance or product, or

(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,

is found or ordinarily kept, for such period as may reasonably be necessary for the purposes of his or her functions under this Act, or

(j) take possession of, remove from the premises and retain (for such period as he or she considers reasonably necessary for the purposes of his or her functions under this Act) for examination and analysis—

(i) any substance or product containing microbeads,

(ii) packaging relating to any such substance or product, or

(iii) any article or substance used in the manufacture, labelling, packaging or storage of any such substance or product,

found at the premises.

(2) An inspector shall not enter a dwelling, other than—

(a) with the consent of the occupier of the dwelling, or

(b) pursuant to a warrant under subsection (3).

(3) Upon the sworn information of an authorised person, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that—

(a) any trade, business or activity connected with the manufacture, placing on the market, disposal, storage, packaging or labelling of products containing microbeads, is being or has been carried on, or

(b) information, books, records or other documents (including information, books, records or documents stored in non-legible form) relating to such trade, business or activity are kept,

at a dwelling, issue a warrant authorising a named authorised person, accompanied by such other authorised persons or members of the Garda Síochána as the judge considers necessary to—

(i) enter the dwelling (if necessary by the use of reasonable force),

(ii) inspect the dwelling, and

(iii) perform the functions of an authorised person under paragraphs (b), (c), (d), (e), (f), (g), (h), (i) and (j) of subsection (1),

at any time or times before the expiration of one month from the date of issue of the warrant.

(4) Where an authorised person, upon reasonable grounds, believes that a person has committed an offence under this Act, the authorised person may require the person to provide the authorised person with his or her name and the address at which he or she ordinarily resides and documentary confirmation thereof.

(5) A person who—

(a) obstructs or interferes with an authorised person or a member of the Garda Síochána in the course of exercising a power conferred on him or her by this Act or a warrant under subsection (3) or impedes the exercise by the authorised person or member, as the case may be, of such power,

(b) fails or refuses to comply with a requirement of an authorised person or member of the Garda Síochána pursuant to paragraph (e) or (f) of subsection (1) or subsection (7), or in purported compliance with such requirement gives information or makes a declaration to the authorised person or member that he or she knows to be false or misleading in any material respect, or

(c) fails or refuses to comply with a direction of an authorised person or member of the Garda Síochána pursuant to paragraph (h) of subsection (1),

shall be guilty of an offence.

(6) A statement or admission made by a person pursuant to a requirement under paragraph (e) or (f) of subsection (1) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (5)).

(7) Where an authorised person, in the course of performing functions under this section, finds any substance or product containing microbeads at the premises concerned, he or she may require the person in charge of the premises to provide him or her with the name of the person who supplied that product and the address at which the person who supplied that product resides or has his or her principal place of business.

(8) In this section—

“person in charge” means, in relation to a premises—

(a) the person under whose direction and control any activities at that premises are being conducted, or

(b) the person whom the authorised person reasonably believes to be directing and controlling any activities taking place at that premises;

“premises” includes vehicle, vessel, ship, aircraft and railway carriage.