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PART III
Enforcement.
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Powers of authorised officers and Garda Síochána.
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23.—(1) Without prejudice to any other Act or regulation, an authorised officer or a member of the Garda Síochána may—
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(a) enter, by force if necessary, at any time, any holding, premises, vehicle, vessel, aircraft or container where he or she reasonably suspects that the production, processing, trading, storage or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs is taking place,
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(b) search for and inspect any records, in whatever form kept, in or on the holding, premises, vehicle vessel, aircraft or container that relate to the production, processing, trading, storage or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs and
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(c) take copies of, or remove, any records, in whatever form found, in or on the holding, premises, vehicle, vessel, aircraft or container for examination or for the purposes of any proceedings under this Act.
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(2) The person in charge of a holding, premises, vehicle, vessel, aircraft or container, where an authorised officer or a member of the Garda Síochána reasonably suspects that the production, processing, trading or otherwise handling of animals, carcases or meat for human consumption or the manufacture or trade of feedingstuffs is taking place, shall, on request by the authorised officer or the member of the Garda Síochána—
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(a) produce all records, in whatever form kept, in or on the holding, premises, vehicle, vessel, aircraft or container and shall permit the authorised officer or the member of the Garda Síochána to inspect, copy or, as the case may be, remove the records, and
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(b) provide any information that may reasonably be required in relation to the production, processing, trading or otherwise handling of animals, carcases or meat for human consumption or for the manufacture or trading of feedingstuffs.
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(3) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under subsection (4) authorising the entry.
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(4) If a judge of the District Court is satisfied on the sworn information of an authorised officer or a Garda Síochána that there are reasonable grounds for suspecting that evidence of or relating to the commission or intended commission of an offence under this Act is to be found in, on or under any holding or premises or in or on any vehicle, vessel, aircraft or container and that such holding, premises, vehicle, vessel, aircraft or container or any part thereof consists of a dwelling, the judge may issue a search warrant.
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(5) A search warrant issued under subsection (4) shall be expressed and operate to authorise named authorised officers or members of the Garda Síochána, accompanied if appropriate by other authorised officers or members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production of the warrant if so requested, to enter the dwelling, by force if necessary, and exercise all or any of the powers conferred on an authorised officer under this section.
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(6) An authorised officer, or a member of the Garda Síochána, in the exercise of the powers conferred on him or her by subsection (1), may seize, detain and remove any animals, carcases or meat intended for human consumption or feedingstuffs or other thing that he or she finds in or on a holding or premises or in or on a vehicle, vessel, aircraft or container which is not in compliance with this Act or which is, or he or she reasonably suspects is, unfit for human or animal consumption, as the case may be.
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(7) Whenever an authorised officer or a member of the Garda Síochána seizes, detains or removes any animal, carcase, meat or feedingstuff pursuant to subsection (6), he or she shall cause the animal, carcase, meat or feedingstuff to be examined by a veterinary inspector or agricultural inspector, and if the veterinary inspector or the agricultural inspector declares that the animal, carcase, meat or feedingstuff has not been produced, processed, traded or otherwise handled in accordance with the requirements of this Act, or is unfit for human consumption or animal consumption, as the case may be, the animal, carcase, meat or feedingstuff shall be disposed of or destroyed in accordance with the directions of the veterinary inspector or the agricultural inspector.
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(8) The cost of disposing of the animals, carcases, meat or feedingstuffs may be recovered by the Minister from the owner of the holding or premises or the vehicle, vessel, aircraft or container, as the case may be, as a simple contract debt in any court of competent jurisdiction.
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