ADVOKS GLOBAL · KENYA
The Dairy Industry (Compliance Officer) Regulations
9. Powers of a compliance officer
Edition: 2022-12-31 · In force
9. Powers of a compliance officer
(1)A compliance officer may—(a)at any reasonable time, enter premises whether, plant, facility, structure, place or area in connection with which he or she has reason to believe that an offence under this regulation is being, is about to or has been committed, in order to investigate and obtain evidence;(b)examine or test or cause to be examined or tested, any dairy produce to which the Act or the Regulations apply and which is found in or at such premises, plant, facility, structure, place or area;(c)examine or test or cause to be examined or tested any equipment, material, substance or other article which is used or is suspected to be used or likely to be used at or in connection with the collection, evaluation, processing, packing or storing of any dairy produce;(d)inspect the operations or process in connection with any action referred to in paragraph (c), and demand from the owner or the person in whose custody the dairy produce, equipment, material, substance or things concerned are, or who supervises such operations or processes, any information or explanation regarding the operation, process, material, substance or thing;(e)order correction of non-compliances detected or closure of dairy or any related business in the manner specified in the inspection notice or order set out in Form B of the Schedule;(f)examine and make copies of or take extracts from any book or document either in hard copy or electronically in respect of which he or she reasonably suspects that it relates to such dairy produce, material or any other thing, irrespective of whether or not it is kept on or at the place, premises, facility or conveyance concerned or at any other place or area, and demand from the owner of such book or document or from the person who has it in his or her custody an explanation regarding any record or entry therein;(g)seize and remove from any premises, place, area or vehicle any dairy produce, or the whole or any part of material, substance, equipment or any other thing, or any book or document relating to such dairy produce, premises, place, area or vehicle, material, substance or other article or sale of the dairy produce, material, substance or thing which he has reasonable cause to believe constitutes evidence of contravention of any of the provisions of the Act or these Regulations.(h)examine any dairy produce, product, material, substance, equipment or any other thing and—(i)if, in the compliance officer's professional determination, there is need for further analysis, take samples thereof in such quantities as is reasonable in the circumstances and give a dairy business operator the reason for his or her determination; and(ii)where a compliance officer determines that there is nothing wrong with the produce, material, substance, equipment or thing, make a record covering the relevant period of inspection accordingly and give a copy of that record to the concerned dairy business operator; or(iii)as soon as the results of the analysis are known, inform a dairy business operator in writing of the results, including, if any, remedial action the dairy business operator is required to take.(i)inspect any process or operation, manufacture, production, processing, mixing, packaging or treatment that may relate to any dairy product which is or appears to be carried out in those premises or places for purposes of determining whether or not the provisions the Act or these Regulations are being contravened; and(j)require from a dairy business operator or any person whom he reasonably believes to be in charge or control of any premises, place, dairy produce, material, substance or thing being inspected, to supply information or produce for inspection or for the purpose of obtaining copies thereof or extracts therefrom, any books, records, receipts, invoices, shipping bills, bills of lading, documents containing mixing instructions, operational procedures or other documents or papers which are reasonably suspected or expected to be in the operator's possession the production of which will render successful inspection.(2)Any seizure or confiscation made under these Regulations shall be recorded in Form A as set out in the First Schedule.