48Power of entry and inspection of authorised officers

48 Power of entry and inspection of authorised officers (1) For the purposes of this Act, an authorised officer may, at any reasonable time, do one or more of the following: (a) alone, or with the members of the Police Force or other persons as the authorised officer considers necessary, enter and inspect any premises that the authorised officer reasonably believes are used in connection with the handling of food intended for sale, the sale of food or a food transport vehicle; (b) alone, or with the members of the Police Force or other persons as the authorised officer considers necessary, enter and inspect any premises or food transport vehicle, in which the authorised officer reasonably believes that there are records or documents that relate to the handling of food intended for sale or the sale of food; (c) examine any food intended for sale; (d) open and examine any container, receptacle or package that the authorised officer reasonably believes contains food intended for sale or any equipment; (e) open and examine any equipment; (f) subject to Part 8, Division 1 – demand, select and obtain samples of any food sold or intended for sale for analysis, or for carrying out any other examination, to determine whether this Act is or the Regulations are being complied with; (g) take samples of water or soil or any other thing that is part of the environment in which any food is handled for analysis to determine whether that environment poses a risk to the safety of the food for human consumption; (h) take samples of any substance or thing, other than for analysis, that the authorised officer reasonably believes may be used as evidence that an offence has been, or is being, committed under this Act or the Regulations; (i) examine a record or document, make copies of the record or document or a part of the record or document and, for that purpose, remove and retain (for the period as may be

Food Act 2004 29 reasonably necessary) the record or document or the part of the record or document; (j) stop and detain any vehicle that the authorised officer is authorised by this subsection to enter; (k) open, or require to be opened, a container used for the conveyance of goods, or a package, that the authorised officer reasonably believes to contain food sold or intended for sale, or equipment; (l) take photographs, films or audio or visual recordings as the authorised officer considers necessary; (m) take measurements and make sketches or drawings or any other type of record; (n) require a person to provide information or answer questions in connection with the authorised officer's functions under this Act or to produce a record, document or thing that an authorised officer is authorised to examine under this Act; (o) require a person to state the person's name and residential address; (p) generally make such investigations and inquiries as may be necessary to ascertain whether an offence under this Act or the Regulations has been or is being committed. (2) This section does not authorise entry into premises or a part of premises that is being used solely for residential purposes unless: (a) the occupier of the premises consents to the entry; (b) entry is made under the authority of a search warrant; or (c) the premises or part of the premises is being used for the preparation or service of meals provided with paid accommodation.