Revised Laws of Saint Lucia (2022)

9.   Power to enter and seize

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   (1)   An authorized officer may at a reasonable time and based on reasonable suspicion, enter and seize styrofoam or plastic food service containers.

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   (2)   Before exercising powers under subsection (1) an authorized officer shall obtain a warrant under subsection (3).

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   (3)   An authorized officer may make an application for a warrant to a magistrate.

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   (4)   If an application is made under subsection (3), a magistrate may issue a warrant authorizing an authorized officer named in the warrant, to seize the styrofoam or plastic food service containers.

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   (5)   A magistrate shall not issue a warrant under subsection (4) unless —

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      (a)     an affidavit has been furnished to the magistrate setting out the grounds on which the issue of the warrant is being sought;

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      (b)     the authorized officer or some other person has given to the magistrate further information, if any, on oath as the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

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      (c)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

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   (6)   A warrant issued under subsection (5) must —

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      (a)     specify the purpose for which the warrant is issued;

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      (b)     specify the hours within which entry is authorized to be made;

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      (c)     include a description of the kind of goods authorized to be inspected, sampled or seized; and

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      (d)     specify a date, not being less than seven days after the day on which the warrant is issued, after which the warrant ceases to have effect.

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   (7)   An authorized officer shall, before entering the premises under a warrant issued under subsection (4) —

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      (a)     announce that he or she is authorized to enter the premises;

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      (b)     give a person at the premises an opportunity to allow entry to the premises; and

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      (c)     give a copy of the warrant to the owner or person in charge of the food business or in the absence of the owner or person in charge on the premises, to a person on the premises who appears to be employed by the owner of the food business.

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   (8)   A person who interferes with an authorized officer in the execution of a warrant under this section commits an offence and is liable on summary conviction to a fine not exceeding $3,000 and in default of payment of the fine, to imprisonment for a term not exceeding one year.