Food Act 1981

Before its repeal, this Act was administered by: Ministry for Primary Industries
  • repealed
  • Food Act 1981: repealed, on 1 March 2016, by section 420(2) of the Food Act 2014 (2014 No 32).
13 Powers of local authority inspectors

(1)

A local authority inspector, and any other person assisting him and acting under his direct supervision, may at any reasonable time, within any district in which the inspector is employed,—

(a)

enter and inspect any premises (not being a dwellinghouse) or vehicle (including any fixtures, fittings, or appliances in the premises or vehicle) where the inspector reasonably believes that any article to which section 12 applies is, for the purposes of sale, prepared, processed, manufactured, packed, stored, carried, or delivered, or is sold:

(b)

open and examine any receptacle or package that the inspector reasonably believes contains any food or appliance:

(c)

examine any article to which section 12 applies:

(d)

seize and detain any food or appliance by means of or in relation to which the inspector reasonably believes an offence against any of paragraphs (a) to (d) of section 9(4) or against section 11Q or against any regulations made under this Act has been committed:

(e)

take photographs of any premises or vehicle, or any article to which section 12 applies, or any other thing, where or by means of or in relation to which the inspector reasonably believes any such offence has been committed.

(1A)

Subject to sections 14 and 16, the provisions of Part 4 of the Search and Surveillance Act 2012 (except subparts 2 and 3, sections 118, 119, 125(4), 131(5)(f), and 133, and subparts 6 and 8) apply in respect of any seizure and detention under subsection (1)(d).

(2)

Section 12(3), with all necessary modifications, shall apply in respect of the exercise by a local authority inspector of any powers under this section.

(3)

Every local authority—

(a)

must give to the designated officer designated for the district of the local authority all reports on the exercise in its district of the powers under this section of local authority inspectors that the designated officer asks for; and

(b)

must give the Director all reports on the exercise in its district of the powers under this section of local authority inspectors that any designated officer asks for.

Compare: 1969 No 7 s 21(3), (10)

Section 13(1)(d): amended, on 1 July 1996, by section 11 of the Food Amendment Act 1996 (1996 No 41).

Section 13(1A): inserted, on 1 October 2012, by section 253(3) of the Search and Surveillance Act 2012 (2012 No 24).

Section 13(2): amended, on 1 April 1987, by section 25(1) of the Official Information Amendment Act 1987 (1987 No 8).

Section 13(3): substituted, on 1 July 2002, by Schedule 1 of the Food Amendment Act 2002 (2002 No 26).