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Regulation 5 Inspection of premises and documents

Original text. Later amendments are not shown.

(1)

Where an authorised officer has reasonable cause to believe that any premises are being used as ripening premises he may, on producing (if so required) written evidence of his authority, at any reasonable time enter and and inspect those premises and inspect any bananas therein and the packing or containers in which they are packed.

(2)

Any person in charge of premises referred to in paragraph (1) above shall assist the authorised officer in the exercise of the rights conferred on him by this regulation.

(3)

Where an authorised officer has reasonable cause to believe that any person is ripening, or has ripened, dollar bananas commercially, he may require that person to produce for inspection any consignment document, or any bill, account, record or other document relating to bananas, in the possession or under the control of that person; and may take away, and retain for a reasonable time, any document so produced.

(4)

Where, by virtue of paragraph (3) above, an authorised officer has power to require production of any document from a person to whom that paragraph applies, he shall have a like power to require production from any person whom he reasonably believes to be in possession of it and a like power to take away and retain the same.

(5)

No obligation as to secrecy or other restriction upon the disclosure of information imposed by the statute or otherwise shall prevent the disclosure to the Commissioners of Customs and Excise or any Officer of Customs and Excise of any information or document obtained in exercise of the powers conferred by paragraphs (3) and (4) above.

(6)

For the purposes of this regulation “authorised officer” means—

(a)

in relation to England a person authorised by the Minister of Agriculture, Fisheries and Food, and

(b)

in relation to Wales, Scotland or Northern Ireland, a person authorised by the Secretary of State.