Revised Laws of Saint Lucia (2021)

26.   Appointment and powers of Inspectors

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   (1)   For the purpose of monitoring compulsory standards, or eliminating any process or practice the effect of which adversely affects the environment, the Minister may on the advice of the Bureau designate employees of the Bureau or public officers to be inspectors and shall provide every inspector with documentary evidence of his or her designation.

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   (2)   An inspector may at any time with or without a warrant issued by a magistrate enter a place—

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      (a)     where he or she has reasonable grounds to believe that an article to which this section applies is manufactured, prepared, stored or offered for sale, to examine and take samples of the article; or

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      (b)     where he or she has reasonable grounds to believe that an article to which this section applies is carried out to inspect or investigate the activity and take samples of any article, material or substance relating to the activity,

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   and while there may

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      (c)     open and examine any receptacle or package that he or she has reasonable grounds to believe contains an article to which this section applies;

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      (d)     examine and make copies of or transcribe extracts from any book, document or other record found in the place which he or she has reasonable grounds to believe contains information relevant to the enforcement of this Act; and

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      (e)     seize and detain for such time as may be necessary, any article by means of which or in relation to which he or she has reasonable grounds to believe any provision of this Act has been infringed.

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   (3)   A magistrate shall issue a warrant under this section where he or she is satisfied by sworn information in writing that admission to any premises has been refused, or that refusal is apprehended or that a request for admission could defeat the purpose of the entry.

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   (4)   In this section—

“article to which this section applies” means any goods for which a compulsory standard is declared and includes—

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   (i)     anything used in the manufacture, testing, preparation, processing, packaging, storage or sale of the goods; and

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   (ii)     any labelling or advertising material referring to the goods, whether or not bearing the Standard Mark; and

“activity to which this section applies” includes any process or practice for which a compulsory standard has been declared and anything used in the performance of the process or practice.

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   (5)   Where an inspector enters a place under this section, the owner or person in charge of the place and any servant or agent present at the time shall give to the Inspector all reasonable assistance and shall furnish him or her with such information as he or she may reasonably require.

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   (6)   An inspector may in his or her discretion leave any article seized under subsection (2)(e) in the place where it was seized or remove it to be stored in another place, and upon being satisfied that this section has been complied with shall release all seized articles not destroyed by testing.

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   (7)   Where an article is seized under subsection (2)(e) and the owner or person from whom the article is seized consents to its destruction, the article forfeits to the State and may be destroyed or otherwise disposed of as the Minister may direct.

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   (8)   An inspector may prosecute in courts of summary jurisdiction in cases arising from violation of this Act.