21Powers of authorized officers

21 Powers of authorized officers (1) In the execution of this Act an authorized officer with such assistants as he thinks necessary may— S. 21(1)(a) amended by No. 98/1997 s. 18(1)(e). (a) at any reasonable time enter any premises or other place in or at which he believes on reasonable grounds that any article is sold or handled for sale and therein may— (i) make such investigation and enquiry as are necessary to ascertain whether the provisions of this Act are being complied with; S. 21(1)(a)(ii) amended by No. 98/1997 s. 7. (ii) inspect the premises or other place (as the case may be) and examine any fittings, fixtures, documents or articles contained therein including anything that he believes on reasonable grounds to be an article; (iii) open and examine any package that he believes on reasonable grounds contains an article; (iv) subject to this Act, take samples of any article; (v) seize any article by means of or in relation to which he believes on reasonable grounds that any provision of this Act has been contravened or not complied with and detain or remove to some suitable place any article so seized; (vi) mark, fasten, secure or seal any article or, where it is reasonably necessary to do so, mark, fasten, secure or seal any door, gate or opening that he believes on reasonable grounds affords access to an article; (vii) seize or take samples of any thing or matter (apart from any article of which a sample may be taken pursuant to subparagraph (iv) or which may be seized pursuant to subparagraph (v)) that he believes on reasonable grounds may be used as evidence in a proceeding under this Act and detain or remove to some suitable place any samples so taken or thing or matter so seized; and (viii) take such photographs or audio or visual recordings as he considers necessary; S. 21(1)(b) amended by No. 98/1997 s. 18(1)(e). (b) stop, detain and search any vehicle used or that he believes on reasonable grounds is being or is likely to be used for the conveyance of any article or in or on which he believes on reasonable grounds any article is sold or handled for sale and exercise in relation to that vehicle any of the powers or authorities conferred upon him by paragraph (a) in relation to any premises or other place; (c) require a person found by him committing an offence against this Act or who he believes on reasonable grounds has committed an offence against this Act or whose name and address are in his opinion reasonably required to state his full name and the address of his usual place of residence and, if he suspects on reasonable grounds that a name or address so stated is false, may require him to produce evidence of the correctness thereof; S. 21(1)(d) amended by No. 37/2014 s. 10(Sch. item 66.2). (d) in a case where he is obstructed or believes on reasonable grounds that he may be obstructed in the exercise of the powers or authorities or the discharge of the functions or duties conferred or imposed upon him by or under this Act, call to his aid a police officer, whereupon it shall be the duty of a police officer so called to assist him as required and a police officer so assisting shall have the same powers and authorities as are conferred upon an authorized officer by this Act; and (e) exercise such other powers or authorities and discharge such other functions or duties as are prescribed. S. 21(2) amended by Nos 10262 s. 4, 98/1997 ss 16(a), 18(1)(c)(e). (2) Where the Secretary certifies that the sale or the handling for sale of any food having any particular physical characteristics is likely to involve a contravention of or a failure to comply with this Act, the finding of any food having those physical characteristics and appearing to have been sold or handled for sale shall, for the purposes of subsection (1), constitute reasonable grounds for believing that there has been a contravention of or a failure to comply with this Act with respect to that food. S. 21(3) amended by Nos 10262 s. 4, 98/1997 s. 16(a)(b), 60/2012 s. 57. (3) If in the opinion of the Secretary there are reasonable grounds for suspecting that any person is (for the purposes of the sale or the preparing for sale of food or primary food production) in possession of any article by means of which or in relation to which any provision of this Act has been contravened or not complied with, the Secretary may require such person to produce for the Secretary's inspection or to produce to an authorized officer any relevant books and the Secretary or the authorized officer may inspect, examine and make copies of or extracts from any book so produced or remove it for the purpose of making a copy thereof or extracts therefrom.