MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 11 Powers of entry, inspection and sampling.

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MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 11

Powers of entry, inspection and sampling.

11.(1) Any authorised officer shall for the purposes of this Act have power
(on production if so required of his authority)

(a)to enter at all reasonable times any registered premises and to inspect any
machinery, equipment or utensils found on those premises, or any process of
manufacture, blending, reworking or other treatment carried on on those
premises or any milk product, or any containers or packing material, or any
article capable of being used in the manufacture or adulteration of any
milk product, which may be found thereon, and to take without payment
reasonable samples of any such milk product, or substance, material, or
article for examination or analysis;

(b)to enter at all reasonable times any premises where milk products are sold
otherwise than by retail, or are exposed, kept, or stored for sale otherwise
than by retail, or are stored for preservation, and to inspect any
milk product or butter-like substance found thereon, or any containers or
packing material in which the milk product or butter-like substance is
enclosed, and to take without payment reasonable samples of any such
milk product, substance, or material for examination or analysis;

(c)to enter at all reasonable times

(i)the premises of any person engaged in the business of storing or carrying
goods for reward;

(ii)any pier, quay, wharf, jetty, dock, dock premises or aerodrome;

<(iii)any ship, boat, aircraft, railway wagon, motor, lorry, cart or other vessel or vehicle used for the conveyance of goods;


(c)and to examine or retain for examination any package labelled for the
purposes of this Act in the prescribed manner or any package which he has
reason to believe contains a milk product or ought, by reason of this Act, to
be labelled in the prescribed manner, and to take from any such package
without payment samples of any milk product for examination or analysis.

(2) A sample shall be taken under sub-section (1) in such manner as may be
prescribed.

(3) Any authorised officer examining a package under paragraph (c) of
sub-section (1) shall mark or label the package to that effect and such mark
or label shall be deemed to be a sufficient notice to the consignor or
consignee that the package has been so examined; and where the contents of the
package are found not to comply with the prescribed conditions as to quality,
the Ministry may direct that the package or the whole or any part of the
consignment from which it was taken be returned to the consignor.

(4) Where any package is retained under paragraph (c) of sub-section (1) the
Ministry

(a)shall immediately notify the owner or consignor; and

(b)shall as soon as practicable return the package to the owner or consignor
or, if the Ministry thinks fit, forward it to the consignee unless after
examination the Ministry decides to take proceedings against any person for an
offence against this Act in relation to the package and to retain the package
for the purpose of those proceedings.

(5) If the Ministry has reason to believe that on any unregistered premises
there is carried on any process of manufacture, blending, reworking, treatment
or trade which under this Act may not be carried on except on registered
premises, the Ministry may specially authorise in writing any of its officers
to enter the premises and in such case the officer shall (on production if so
required of his authority) have the like powers of entry, inspection and
sampling as if the premises were registered.

(6) Any power of entry, inspection, sampling or submitting samples for
analysis or examination conferred on an officer of a [district council] by any
enactment regulating the manufacture and sale of food and drugs may be
exercised by that officer for the purpose of enforcing the provisions of
regulations made under section five so far as they relate to buttermilk and of
section seven as if those provisions were contained in that enactment and any
such enactment so far as it relates to evidence of the result of an analysis
shall have effect in relation to an analysis of a sample submitted by virtue
of this sub-section.

(7) Any person who wilfully obstructs or impedes an authorised officer or an
officer of a [district council] in the exercise of any of his powers under
this Act, or wilfully gives to such officer any false or misleading
information, shall be guilty of an offence against this Act.

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Northern Irish Legislation

MARKETING OF MILK PRODUCTS ACT (NORTHERN IRELAND) 1958 - SECT 11