New South Wales Consolidated Acts

STOCK FOODS ACT 1940 - SECT 21

21 Powers of inspectors

(1) Any inspector may, with or without assistance, do any one or more of the following:

(a) enter and search any land, building, premises or place which the inspector has reasonable grounds for believing is used for the making, manufacture, supply, storage, delivery or preparation for supply of any stock food,

(b) enter and search any vehicle, ship, vessel, aeroplane or other means of transport which the inspector has reasonable grounds for believing is used for the conveyance of any stock food in the course of trade, supply or delivery,

(b1) require any person that the inspector finds on any such land, building, premises, place, vehicle, ship, vessel, aeroplane or other means of transport and whom the inspector believes on reasonable grounds to be involved in the making, manufacture, supply, storage, delivery, preparation for supply, or conveyance of any stock food, to state his or her full name and residential address,

(b2) require the production of, inspect, and take copies of or extracts from, any record the keeping of which is required by this Act, the regulations or the terms of a permit or order issued under this Act,

(c) examine any stock food found upon such land, building, premises, place, vehicle, ship, vessel, aeroplane or other means of transport and open any package containing any such stock food,

(d) take for analysis or examination samples of any such stock food without payment. The quantity and nature of samples and the proportion of the bulk from which such samples are to be taken shall be as prescribed,

(e) seize, or seize and remove, any substance or article that the inspector believes on reasonable grounds to be a stock food and any container in which the substance or article is being kept or conveyed if the inspector suspects on reasonable grounds that there has been a contravention of this Act or the regulations in respect of the substance or article,

(f) weigh, count, measure, gauge or mark any such stock food or any package containing the same so seized, and fasten, secure or seal the same and any door or opening giving access to the same.

(2) Where any stock food is taken for analysis or examination:

(a) the inspector shall forthwith divide the samples into approximately three equal parts: Provided that when any such stock food is made up in packages, three of such packages may be taken and dealt with as if they were the three parts obtained by dividing the sample,

(b) seal or fasten each such part in such manner as its nature permits,

(c) place or affix to each part a label stating the name so far as is known to the inspector of the occupier of or person apparently in occupation of the place or of the person apparently having possession, custody or control of the lot from which such sample was taken and the time and place of taking,

(d) sign the label on each part and submit it for signature by the person mentioned in paragraph (c) who may, if the person so desires, sign it,

(e) deliver one of such parts to the person mentioned in paragraph (c), retain one of such parts, and deliver the remaining part to an analyst for analysis.

(3) Delivery to an analyst, as referred to in subsection (2) (e), shall be effected personally by the inspector concerned or in such other manner as may be prescribed.

(4) The part of a sample retained by an inspector in accordance with subsection (2) (e) shall be dealt with as prescribed.