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Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972)

11. Powers, duties and functions of inspectors

 

(1) An inspector may at all reasonable times enter upon any premises on or in which any foodstuff, cosmetic or disinfectant is or is suspected to be manufactured, treated, graded, packed, marked, labelled, kept, stored, conveyed, sold, served or administered or on or in which any other operation or activity with or in connection with any foodstuff, cosmetic or disinfectant is or is suspected to be carried out, and may, subject to the provisions of this Act —
(a) inspect or search such premises, or examine, or extract, take and remove samples of, any foodstuff, cosmetic or disinfectant found in or upon such premises, or any appliance, product, material, object or substance so found which is or is suspected to be used, or to be destined or intended for use, for, in or in connection with the manufacture, treatment, grading, packing, marking, labelling, storage, conveyance, serving or administering of any foodstuff, cosmetic or disinfectant, or for, in or in connection with any other operation or activity with or in connection with any foodstuff, cosmetic or disinfectant, or open any package or container of such foodstuff, cosmetic, disinfectant, product, material, object or substance;
(b) demand any information regarding any such foodstuff, cosmetic, disinfectant, appliance, product, material, object or substance from any person in whose possession or charge it is or from the owner or person in charge of such premises:
(c) weigh, count, measure, mark or seal any such foodstuff, cosmetic, disinfectant, appliance, product, material, object or substance or its package or container, or lock, secure, seal or close any door or opening giving access to it;
(d) examine or make copies of, or take extracts from, any book, statement or other document found in or upon such premises and which refers or is suspected to refer to such foodstuff, cosmetic, disinfectant, appliance, product, material, object or substance;
(e) demand from the owner or any person in charge of such premises or from any person in whose possession or charge such book, statement or other document is, an explanation of any entry in it;
(f) inspect any operation or process carried out in or upon such premises in connection with any activity referred to in paragraph (a);
(g) demand any information regarding such operation or process from the owner or person in charge of such premises or from any person carrying out or in charge of the carrying out of such operation or process;
(h) seize any foodstuff, cosmetic, disinfectant, appliance, product, material, object, substance, book, statement or document which appears to provide proof of a contravention of any provision of this Act.

 

(2) An inspector referred to in section 10(1) or (3)(a), (b) or (d) shall exhibit the written authority by virtue of which he is authorised as an inspector to any person affected by the exercise or performance of any power, duty or function of such inspector under this Act.

 

(3) The procedure to be allowed by an inspector in obtaining, transmitting for analysis or examination or otherwise dealing with any sample, shall be prescribed by regulation.