Pigs and Bacon Act, 1935

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Powers of inspectors.

68.—(1) Any inspector shall be entitled (subject to the production by him if so required of his authority in writing as such inspector) at all reasonable times to enter upon and have free access to the interior of—

(a) any licensed premises, and

(b) any cold store, and

(c) the premises of any person engaged in the business of carrying goods for reward, and

(d) any warehouse or other premises of any person engaged in the business of warehousing goods intended for export or in process of being exported, and

(e) any pier, quay, wharf, jetty, dock or dock premises, and

(f) any ship, boat, railway wagon, motor lorry, cart, or other vessel or vehicle used for the conveyance of goods.

(2) Any inspector may inspect any bacon which has been consigned from a licensed premises, or any package found in any place upon or to which he is entitled under this section to enter or to have access, or upon or in any public place, and may open any such package which he reasonably believes or suspects to contain such bacon, and may take and remove without payment—

(a) reasonable samples of any such bacon found in any such place, whether such bacon is or is not contained in a package, and

(b) reasonable samples of any packing materials in which any such bacon is packed, and

(c) any one package forming part of or the whole of a consignment of such bacon found in any such place.

(3) If any person—

(a) obstructs or impedes any inspector in the exercise of any of the powers conferred on him by this section, or

(b) knowing the name or other particulars of the consignor, consignee, or owner of any such bacon, or of any package, which an inspector is entitled to inspect under this section, refuses to give such name or other particulars to such inspector, or

(c) gives to such inspector any false or misleading name or other particulars of any such consignor, consignee, or owner,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding five pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding ten pounds.

(4) Where any sample or package is taken by an inspector under this section it shall be the duty of such inspector to notify the owner or the consignor and the consignee (if and so far as their names and addresses are known to or can reasonably be ascertained by him) of the taking of such sample or package.

(5) If, on the examination of any package taken under this section, it appears to the Minister that there was a contravention or attempted contravention of any of the provisions of this Part of this Act or any regulations made thereunder in relation to the consignment from which the package was taken, the package may be forfeited to the Minister, and if not so forfeited, and in any other case, the package shall be disposed of in accordance with the directions of the consignor, or in default of such directions, shall be sold and the net proceeds of sale paid to the consignor.

(6) Neither the Minister nor any inspector shall be liable for any loss or damage arising from the exercise by an inspector of the powers conferred upon him by this section and no action shall lie against the consignor or any other person for or on account of any such loss or damage as aforesaid.

(7) In the exercise in or upon the premises of any railway or shipping company of the powers conferred on him by this section, an inspector shall conform to such reasonable requirements of such company as are necessary to prevent the working of the traffic on such premises being obstructed or interfered with.

Miscellaneous Provisions.