Agricultural and Veterinary Chemicals (Control of Use) Act 2004
95Inspection of premises
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95 Inspection of premises (1) A chemical adviser who enters premises under section 94 may do any of the following: (a) inspect or examine the premises or a substance or thing found in or on the premises; (b) break open and search fixtures and fittings, furniture and furnishings or boxes, packages and other containers found in or on the premises; (c) take measurements of, or conduct tests relating to, the premises or a substance or thing found in or on the premises; (d) take photographs, films or audio, video or other recordings of the premises or a substance or thing found in or on the premises; (e) take and remove from the premises samples for analysis of a substance or thing found in or on the premises; (f) if the premises are a vehicle – subject to section 96, seize the vehicle; (g) subject to section 96, seize a substance or thing found in or on the premises; (h) take copies of or extracts from documents found in or on the premises; (i) require a person in or on the premises: (i) to answer questions or provide information; (ii) to make available documents kept on the premises; or (iii) to provide reasonable assistance to the chemical adviser relating to the exercise of his or her powers under this section;
Agricultural and Veterinary Chemicals (Control of Use) Act 2004 61 (j) direct in writing a person apparently in charge of a machine or other equipment found in or on the premises not to operate the machine or other equipment until: (i) specified repairs have been made; or (ii) the machine or other equipment meets specified requirements; (k) direct in writing the occupier or a person apparently in charge of the premises: (i) to stop using a substance or thing found in or on the premises and to store it in a specified manner; or (ii) to use a substance or thing found in or on the premises in a specified way and in no other way, until the period specified in the direction or the extension in writing of that period (neither period exceeding 14 days) has expired; (l) direct in writing the occupier or a person apparently in charge of the premises not to remove a specified substance or thing found in or on the premises for the period (not exceeding 14 days) specified in the direction; (m) destroy or render harmless, or direct the occupier or a person apparently in charge of the premises to destroy or render harmless, a substance or thing found in or on the premises that poses, or is likely to pose, a threat to human health or safety. (2) After taking a sample under subsection (1)(e) or seizing a substance or thing under subsection (1)(f) or (g), a chemical adviser must give a receipt for the sample, substance or thing to: (a) the occupier or a person apparently in charge of the premises; or (b) the person who the chemical adviser reasonably believes had possession of the sample, substance or thing immediately before it was taken or seized.
Agricultural and Veterinary Chemicals (Control of Use) Act 2004 62