Food Safety Act 1990

32 Powers of entry. E+W+S

(1) An authorised officer of an enforcement authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—

(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of the provisions of this Act, or of regulations or orders made under it; and

(b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of such provisions; and

(c) in the case of an authorised officer of a food authority, to enter any premises for the purpose of the performance by the authority of their functions under this Act;

but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours’ notice of the intended entry has been given to the occupier.

(2) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any such purpose as is mentioned in subsection (1) above and either—

(a) that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or

(b) that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,

the justice may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.

(3) Every warrant granted under this section shall continue in force for a period of one month.

(4) An authorised officer entering any premises by virtue of this section, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.

(5) An authorised officer entering premises by virtue of this section, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are [F1 stored in any electronic form ]—

(a) may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and

(b) may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford him such assistance as he may reasonably require.

(6) Any officer exercising any power conferred by subsection (5) above may—

(a) seize and detain any records which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it; and

(b) where the records are [F2 stored in any electronic form ], may require the records to be produced in a form in which they may be taken away.

(7) If any person who enters any premises by virtue of this section, or of a warrant issued under it, discloses to any person any information obtained by him in the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

(8) Nothing in this section authorises any person, except with the permission of the local authority under the M1 Animal Health Act 1981, to enter any premises—

(a) in which an animal or bird affected with any disease to which that Act applies is kept; and

(b) which is situated in a place declared under that Act to be infected with such a disease.

(9) In the application of this section to Scotland, any reference to a justice of the peace includes a reference to the sheriff and to a magistrate.

Textual Amendments

F1 Words in s. 32(5) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 18; S.I. 2003/708, art. 2(k)

F2 Words in s. 32(6)(b) substituted (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), s. 138(2), Sch. 2 para. 18; S.I. 2003/708, art. 2(k)

Modifications etc. (not altering text)

C1 S. 32 applied (with modifications): (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3163, regs. 1, 18(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5); (1.1.1993 for certain purposes and 15.1.1993 otherwise) by S.I. 1992/3164, regs. 1, 19(1) (which S.I. was revoked (29.4.1998) by S.I. 1998/994, reg. 59(1), Sch. 5)

S. 32 applied (with modifications) (10.7.1995) by S.I. 1995/1544, reg. 10

S. 32 applied (with modifications): (16.6.1997) by S.I. 1997/1335, reg. 7; (30.6.1997) by S.I. 1995/1544, reg. 10(2) (as substituted (30.6.1997) by S.I. 1997/1414, reg. 3); (4.7.1997) by S.I. 1997/1499, reg. 6(2) (which S.I. was revoked (18.6.2002 (E.), 1.7.2002 (S.), 2.8.2002 (W.)) by S.I. 2002/890, reg. 11, Sch.; S.S.I. 2002/267, reg. 11, Sch.; S.I. 2002/1886, reg. 11, Sch.); (11.8.1997) by S.I. 1997/1729, reg. 34(6)

S. 32 applied (with modifications): (1.4.1998) by S.I. 1998/616, reg. 6(2); (29.4.1998) by S.I. 1998/994, reg. 55(3)

S. 32 applied (with modifications): (S.) (1.10.1999) by S.S.I. 1999/34, reg. 8(1); (1.10.1999) by S.I. 1999/2457, reg. 8(2)

S. 32 applied (with modifications): (S.) (10.4.2000) by S.S.I. 2000/83, reg. 10(2); (W.) (25.7.2000) by S.I. 2000/1925, reg. 10(1)(2)

S. 32 applied (with modifications): (W.) (1.4.2001) by S.I. 2001/1360, reg. 7(2); (W.) (1.5.2001) by S.I. 2001/1361, reg. 8(2)

C2 S. 32 applied (3.10.1994) by S.I. 1994/2328, reg. 11(c)

C3 S. 32 amended (5.6.1999) by S.I. 1999/1543, reg. 3(2)

C4 S. 32 modified (E.) (10.4.2000) by S.I. 2000/768, reg. 10(2)

C5 S. 32 extended: (E.) (2.2.2002) by S.I. 2002/183, reg. 5(3)(a) (which S.I. was revoked (20.6.2002) by S.I. 2002/1614, reg. 6); (W.) (2.2.2002) by S.I. 2002/203, reg. 5(3)(a) (which S.I. was revoked (12.7.2002) by S.I. 2002/1798, reg. 6); (S.) (2.2.2002) by S.S.I. 2002/36, reg. 5(2)(a) (which S.S.I. was revoked (24.6.2002) by S.S.I. 2002/300, reg. 6); (E.) (23.3.2002) by S.I. 2002/773, reg. 4(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2351, reg. 7); (E.) (23.3.2002) by S.I. 2002/774, reg. 4(3) (which S.I. was revoked (13.9.2002) by S.I. 2002/2350, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/148, regs. 1(1), 4(2) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/149, regs. 1(1), 4(2) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/425, reg. 7); (W.) (26.3.2002) by S.I. 2002/820, reg. 4(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2295, reg. 7); (W.) (26.3.2002) by S.I. 2002/821, reg. 4(3) (which S.I. was revoked (9.9.2002) by S.I. 2002/2296, reg. 7); (E.) (4.4.2002) by S.I. 2002/931, reg. 4(3)(a); (S.) (4.4.2002) by S.S.I. 2002/179, reg. 4(2)(a); (W.) (16.4.2002) by S.I. 2002/1090, reg. 4(3)(a); (E.) (20.6.2002) by S.I. 2002/1614, reg. 4(3)(b)(ii); (S.) (24.6.2002) by S.S.I. 2002/300, reg. 4(2)(b)(iii); (W.) (12.7.2002) by S.I. 2002/1798, reg. 4(3)(b)(ii); (W.) (9.9.2002) by S.I. 2002/2295, reg. 4(3)(b) and S.I. 2002/2296, reg. 4(3)(b); (E.) (13.9.2002) by S.I. 2002/2350, reg. 4(3)(b) and S.I. 2002/2351, reg. 4(3)(b); (S.) (13.9.2002) by S.S.I. 2002/424, reg. 4(2)(b) and S.S.I. 2002/425, reg. 4(2)(b)

C6 S. 32 applied (with modifications) (S.) (28.3.2003) by The Fish Labelling (Scotland) Regulations 2003 (S.S.I. 2003/145), regs. 1(1), 10(e)

C7 S. 32 applied (with modifications) (E.) (28.3.2003) by Fish Labelling (England) Regulations 2003 (S.I. 2003/461), regs. 1, 10(e)

C8 S. 32 applied (with modifications) (30.6.2003) by Fish Labelling (Wales) Regulations 2003 (S.I. 2003/1635), regs. 1, 10

C9 S. 32 extended (31.7.2003) by The Food Safety (Ships and Aircraft) (Wales) Order 2003 (S.I. 2003/1774), arts. 1, 3, Sch.

C10 S. 32(1)(a) applied (with modifications) (19.3.1999) by S.I. 1996/1499, reg. 48 (as substituted by S.I. 1999/747, reg. 11)

C11 S. 32(6) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 50 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a)

C12 S. 32(6)(b) modified (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 63, 138(2); S.I. 2003/708, art. 2(a)

Marginal Citations

M1 1981 c. 22.