Inspection — ANIMAL IMPROVEMENT ACT 62 OF 1998

21 Inspection The registrar or an officer referred to in section 3 (2) (a) , may perform the functions of an inspector referred to in subsection (3) . The registrar shall furnish an officer referred to in section 3 (2) (a) , w ith a certificate that he or she is authorised to act as inspector in terms of this Act . An inspector may , on the authority of a warrant issued in terms of subsection (4)- (a) at any reasonable time , enter premises with regard to which he or she has reason to believe that an offence is being or has been committed in terms of this Act , in order to investigate and obtain evidence; (b) examine or test or cause to be examined or tested , any animal or genetic material to which this Act applies and which is found in or at such premises; (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 at or in connection with the collection , evaluation , processing , packing or storing of genetic material or the artificial insemination or transferring of ova or embryos into recipient female animals; (d) inspect the operations or process in connection with any action referred to in paragraph (c) , and demand from the owner or custodian of the animal , genetic material , equipment , material , substance or other article concerned , or from the person who has it in his or her custody , or who supervises such operations or processes , any information or an explanation regarding the operation , process , animal , genetic material , material , substance or other article: Provided that such information or explanation shall only be admissible as evidence in a court of law against such owner or person on a charge referred to in section 25 (1) (b); (e) take or cause to be taken such samples of the blood of an animal or genetic material , material , substance or other article as he or she may deem necessary , and for such purpose open any container in which such genetic material , material , substance or other article is contained and require reasonable assistance from the owner or the person who has such animal , genetic material , material , substance or other article in his or her custody; (f) examine and make copies of or take extracts from any book or document in respect of which he or she on reasonable grounds suspects that it relates to such animal , genetic material , material , substance or other article , irrespective of whether or not it is kept on or at the place , premises or conveyance concerned or at any other place , 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: Provided that such explanation shall only be admissible as evidence in a court of law against such owner or person on a charge referred to in section 25 (1) (b); and (g) seize any number of animals , or the whole , or any part of genetic material , material , substance or other article , or of any book or document . (4) (a) A warrant referred to in subsection (3) shall be issued by a judge of the High Court or by a magistrate who has jurisdiction in the area in which the premises in question are situated , and shall only be issued if it appears from information under oath that there are reasonable grounds to believe that an animal , genetic material , equipment , material , substance or other article referred to in subsection (3) (b) or (c) is upon or in such premises , and shall specify which of the acts mentioned in that subsection may be performed thereunder by the person to whom it is issued . (b) A warrant issued in terms of this section shall be executed by day and shall be conducted with strict regard to decency and order . (5) Any inspector executing a warrant in terms of this section shall immediately before commencing with the execution- (a) identify himself or herself to the person in control of the premises , if such person is present , and hand to such person a copy of the warrant or , if such person is not present , affix such copy to a prominent place on the premises; (b) at the request of such person , show the certificate referred to in subsection (2) to such person . (6) (a) A sample taken in terms of subsection (3) (e) shall , as soon as possible after it has been taken , be submitted to a person who is competent to test , examine or analyse that sample . (b) An inspector shall in respect of each sample taken , issue a receipt of sampling to the person who has custody of such animal or genetic material , at the request of such person . (7) (a) An inspector concerned may remove any quantity of animals , genetic material , material , substance or other article , or any book or document thus seized , from the place , premises or conveyance where he or she seized it , or leave it thereon and , if he or she deems it necessary , attach such identification mark or seal as he or she may deem necessary on such animal , genetic material , substance or other article or the container thereof , or on such book or document . (b) The registrar may- (i) grant authority that an animal , genetic material , substance or other article seized in terms of subsection (3) (g) , may within the period and in the manner specified in such authorisation , be treated or dealt with; (ii) if he or she is satisfied that the cause for the seizure concerned has been removed by such treatment or action , return that animal , genetic material , material , substance or other article to the person from whom it was seized . (c) If no criminal proceedings are instituted in connection with an animal , genetic material , material , substance or other article seized in terms of subsection (3) (g) , or if it appears that such animal , genetic material , material , substance or other article is not required at the trial for the purposes of evidence or an order of court , that animal , genetic material , material , substance or other article shall be returned to the person from whom it was seized .

Section 21