The Eggs and Chicks (England) Regulations 2008

Powers of authorised officers

13.—(1) An authorised officer may direct any person to leave undisturbed, for so long as reasonably necessary for the purpose of any examination or investigation—

(a) eggs;

(b) eggs for hatching;

(c) packs or other containers for eggs, eggs for hatching or chicks;

(d) labels or documents relating to eggs, eggs for hatching or chicks; and

(e) any premises on or in which any eggs, eggs for hatching or chicks, any packs or other containers for eggs, eggs for hatching or chicks, and any labels or documents relating to such eggs or chicks are found.

(2) If an examination or investigation will not be carried out immediately after a direction has been given under paragraph (1), an authorised officer may apply tape to the packs or other containers for eggs or eggs for hatching that are subject to that direction, or otherwise secure them pending the examination or investigation.

(3) An authorised officer may direct any person to ensure that any—

(a) eggs;

(b) eggs for hatching;

(c) packs or other containers for eggs, eggs for hatching or chicks; or

(d) labels or documents relating to eggs, eggs for hatching or chicks,

which do not comply in any one or more respects with the requirements of any one or more of the provisions mentioned in Schedule 1 (as regards eggs for hatching and chicks) or 2 (as regards other eggs), comply with those requirements before being removed from any land, vehicle or trailer, except as may be otherwise directed in writing by an authorised officer.

(4) An authorised officer may seize any computer and associated equipment for the purpose of copying documents provided that they are returned as soon as practicable and, in any event, within 28 days.

(5) Where an authorised officer exercises the power under paragraph (4), the officer must notify the person in charge of the premises from which the equipment is seized of the right of appeal conferred by regulation 18.

(6) Except as stated in paragraph (3), any direction given by an authorised officer under paragraph (1) or (3) can be given orally or in writing but any direction given orally must be confirmed in writing as soon as practicable and, in any event, within 24 hours.

(7) An authorised officer must not exercise the powers under paragraphs (1) to (4) except on the production, if so required, of a duly authenticated document showing the officer’s authority.

(8) A person is guilty of an offence if—

(a) without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (1);

(b) unless authorised to do so, in writing, by an authorised officer, the person interferes with any packs or containers that have been secured by an authorised officer under paragraph (2); or

(c) without reasonable excuse, the person fails to comply with any requirement imposed on them by a direction given by an authorised officer under paragraph (3).

(9) In this regulation “premises” includes any place and any vehicle, trailer, stall or moveable structure.