ADVOKS GLOBAL · KENYA
The Dairy Industry (Compliance Officer) Regulations
11. Collection of books, records, documents, Etc
Edition: 2022-12-31 · In force
11. Collection of books, records, documents, Etc
(1)A compliance officer shall take such steps as are reasonably practicable to afford a primary producer or dairy business operator of anything or other person who appears to be engaged in dairy production of business, that is the subject of inspection under these Regulations, an opportunity to be present during the inspection and the primary producer or dairy business operator, assignee or agent shall have the right to put any relevant questions to the compliance officer and the compliance officer shall be obligated to answer unless the questions are calculated to, in any way, defeat the inspection.(2)Where, in the process of inspection, the compliance officer takes any copy or extract of book, record, document, material or other thing, the officer shall issue to the person from whom custody any book, record, document, material or any other thing has been taken a confiscation receipt in Form B in the Schedule, and the recipient of the receipt shall sign the duplicate thereof except where the original document are required as evidence of possible prosecution for an offence under the Act or regulations.(3)If the person to whom the receipt is issued under paragraph 2 refuses to sign the duplicate of the receipt, the compliance officer shall record the circumstances of the refusal to sign and this shall be prima facie evidence of obstruction of a compliance officer.(4)Anything taken away from a dairy business operator under this regulation shall, at the conclusion of the purposes for which it is taken, and where practicable, be expeditiously returned in whole or in part to the operator or other person unless the thing taken is part of the evidence for possible prosecution for an offence under the Act or the Regulations.