The Poultrymeat (Wales) Regulations 2011

Powers of an authorised officer E+W

12.—(1) An authorised officer (“O”) entering premises under regulation 11 may—

(a) inspect the premises, and any plant, machinery or equipment on those premises, and any of the following found on those premises—

(i) any meat that O has reasonable grounds for believing is poultrymeat (including giblets and any packaging in which the meat is found);

(ii) any empty container;

(iii) any label;

(iv) any packaging; and

(v) any live poultry;

(b) search the premises;

(c) carry out any inquiries, examinations or tests;

(d) have access to, and inspect and copy, any documents or records (in whatever form they are held) relating to matters covered by these Regulations, and remove them to enable them to be copied;

(e) have access to, and inspect and check the data on, and operation of, any computer, and any associated electronic storage device or apparatus (“computer equipment”) that is, or has been in use in connection with, the documents or records mentioned in sub-paragraph (d), including data relating to deleted files and activity logs; and for this purpose O may require any person having charge of, or otherwise concerned with the operation of, the computer equipment to afford to O such assistance (including the provision of passwords) as O may reasonably require, and, during the course of the checks, O may recover data held on the computer equipment; and

(f) where a document or record mentioned in sub-paragraph (d) is kept by means of a computer, require the record to be produced in a form in which it may be taken away.

(2) O may direct a person appearing to O to be in charge of the items or premises mentioned below that the following must be left undisturbed for as long as is reasonably necessary for the purpose of any examination or investigation—

(a) any one or more of the items mentioned in paragraph (1)(a)(i) to (v); and

(b) any premises on or in which any of those items are found.

(3) Where O gives a person a direction under paragraph (2) those items which are the subject of the direction must be kept on the premises at that person's expense.

(4) O may seize and detain any item of the type mentioned in paragraph (1)(a)(i) to (iv) or document or record mentioned in paragraph (1)(d) that O has reason to believe may be required as evidence in proceedings under these Regulations.

(5) O may seize as liable to destruction any item of the type mentioned in paragraph (1)(a)(i) to (iv) that O reasonably believes contravenes any provision of these Regulations.

(6) O may seize any computer equipment for the purpose of copying documents or records of the type mentioned in paragraph (1)(d), and for checking the data on, and operation of, any computer equipment that is, or has been, in use in connection with those documents or records (and in doing so may recover data), provided the equipment is returned as soon as practicable and, in any event, within 14 days, beginning with the day on which the equipment is seized.

(7) If O is not able to remove an item or computer equipment seized under paragraph (4), (5) or (6) immediately, O may—

(a) mark it in any way that O sees fit; and

(b) give the person appearing to O to be in charge of the item or computer equipment a notice (“a regulation 12(7) notice”)—

(i) identifying it;

(ii) requiring the item or computer equipment to be left undisturbed until it is collected by O; and

(iii) prohibiting the removal of the item or computer equipment from the premises on which it was found until it is collected by O.

(8) Where, in accordance with Article 8 of the Commission Regulation, O has checked a batch of poultrymeat and is satisfied that it does not comply with the requirements of Article 1 or 7 of the Commission Regulation, O may direct any person appearing to O to be in charge of the batch or premises not to market or import that batch until such time as proof has been produced to the enforcement authority that it has been made to comply with those requirements.

(9) O may give such directions as O thinks appropriate in relation to a batch of poultrymeat to which paragraph (10) applies—

(a) to prevent it being marketed in [F1 Great Britain] until the packaging has been marked, under supervision, in the manner mentioned in the first sub-paragraph of Article 16(6) of the Commission Regulation; or

(b) to ensure that it is exported to a third country.

(10) This paragraph applies to—

(a) a batch of frozen or quick-frozen chickens that is deemed, after counter-analysis, not to comply with Article 15(1) of the Commission Regulation;

(b) an imported batch of frozen or quick-frozen chickens that is found not to comply with Article 15(1) of the Commission Regulation;

(c) a batch of fresh, frozen or quick-frozen poultry cuts that is deemed, after counter-analysis, not to comply with Article 20(1) of the Commission Regulation; and

(d) an imported batch of fresh, frozen or quick-frozen poultry cuts that is found not to comply with Article 20(1) of the Commission Regulation.

(11) O must not exercise any power under this regulation, or give a direction under this regulation, except on the production, if so required, of a duly authenticated document showing O's authority.

F2 (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) In this regulation “live poultry” (“dofednod byw”) has the meaning given to it in Part XX of Annex I to the [F3 Regulation (EU) 2013].

Textual Amendments

F1 Words in reg. 12(9)(a) substituted (31.12.2020) by S.I. 2019/732, reg. 7(5)(a) (as substituted by The Food and Rural Affairs (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1308), regs. 1(2), 3(4))

F2 Reg. 12(12) omitted (31.12.2020) by virtue of The Food (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/732), regs. 1(2), 7(5)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 12 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 8(4)