| (1) |
The executive officer or the assignee may, during business hours of the industry in question in the case of control in terms of section 3(1), or at any time in the case of control in terms of sections 4(1) and 4A(1), enter any place, premises or conveyance in or upon which any product, material, substance or other article in respect of which this Act applies, is or is upon reasonable grounds suspected to be produced, processed, treated, prepared, classified, graded, packed, marked, labelled, kept, removed, transported, exhibited or sold, and— |
| (a) |
open any container found at or on the place, premises or conveyance which the relevant person referred to in subsection (1) believes on reasonable grounds contains any product, material, substance or other article to which this Act applies; |
| (b) |
classify, grade, pack or mark any quantity of a product in accordance with the prescribed requirements, or direct the owner or person in charge of that place, premises or conveyance to thus classify, grade, pack or mark such quantity; |
| (c) |
inspect or test or cause to be tested any quantity of a product; |
| (d) |
inspect or test or cause to be tested any quantity of a product, material, substance or other article which is used or suspected to be used at or in connection with the production, processing, treatment, preparation, classification, grading, packing, marking, labelling, keeping, removal, transporting, exhibition or sale of such product; |
| (e) |
subject to subsection (2)(d), take such samples of a product, material, substance or other article in question as he or she may deem necessary; and |
| (f) |
require the owner or custodian to produce for inspection, or for obtaining a copy or extract, any book, label or other document or paper with regard to the administration of this Act. |
| (a) |
In the case of action under subsection (1), the relevant person referred to in that subsection may take with him or her such assistant, appliance, instrument or other tool as he or she may deem necessary for the purpose of that subsection. |
| (b) |
If, in the case of action under subsection (1)(b), the relevant person referred to in subsection (1) is of the opinion that— |
| (i) |
the class or grade of a product is indicated incorrectly on the product or on the container thereof; or |
| (ii) |
a distinctive mark or a representation purporting to be a distinctive mark is indicated on the product or on the container thereof in contravention of the provisions of section 5, |
such person may cancel the said indication, or direct the owner or person in charge of the place, premises or conveyance in question to cancel such indication, and the provisions of subsection (1)(b) shall apply mutatis mutandis regarding the reclassification, regrading, repacking or re-marking of the product in question.
| (c) |
In the case of action under subsection (1)(d), the relevant person referred to in subsection (1) may inspect the management control system in connection with any action referred to in subsection (1)(d), and demand from the owner or custodian of the product, material, substance or other article in question, or from the person supervising such management control system, any information or an explanation regarding the management control system, product, material, substance or other article in question. |
| (d) |
Any sample taken under subsection (1)(e) shall— |
| (i) |
be taken in the presence of the person in charge of, or the owner or custodian of such product, material, substance or other article, or, if such person, owner or custodian is not available, in the presence of any other witness, and a receipt of sampling in respect of each sample taken shall, on request, be issued to the person in charge, owner or custodian of that product; |
| (ii) |
if necessary, be packed and identified in such a manner as the nature thereof permits; and |
| (iii) |
as soon as possible after it has been taken, be submitted to a person, undertaking, body, institution, association, board or laboratory which is competent to test, inspect or analyse that sample. |
| (3) |
A person who enters upon any place, premises or conveyance under this section shall show proof of his or her identity and authority when requested thereto by the person in charge of the place, premises or conveyance in question. |
| ( 4) |
In the case of action under subsection (1)(b), (c), (d) or (e) by the relevant person referred to in subsection (1), the owner of the product in question shall pay the prescribed fees or the amount determined by the assignee, as the case may be, for such action. |
[Section 3A inserted by section 4 of Act No. 63 of 1998]
South African Council for Educators Act, 2000
