Inspection of chemicals
Chemicals inspectors may, without prior notice or permission from a duty holder or responsible person and regardless of business hours, enter the premises or facilities of the latter or access their equipment or installations. Inspectors may enter a private home only with an order from the competent court or the explicit consent of the duty holder.
Duty holders must enable chemicals inspectors to conduct their inspections unhindered. If chemicals inspectors encounter physical resistance while conducting an inspection, or indeed expect to encounter such resistance, they may request police assistance.
Where, in the course of inspection, chemicals inspectors find a breach of laws, regulations or other acts, it is their right and duty to impose measures to remedy the irregularities and deficiencies within a time limit that they determine. Inspectors may also initiate and carry out the procedures laid down in the Minor Offences Act, instigate a criminal complaint for a criminal offence, or propose a specific measure to the competent authority.
Chemicals inspectors’ actions
While inspecting a natural or legal person, chemicals inspectors have the discretion to inspect premises, facilities, machinery, installations, tools, piping and wiring, objects, goods, and substances; they may also inspect books of account, contracts and other business documents. Where the latter are stored on an electronic medium, they may require such documentation in printed form, which must be a faithful representation of the electronic version.
In administrative procedures conducted by the Chemicals Inspection, it may examine clients and witnesses and have access to personal and other data from official records or similar databases where this is necessary for the purpose of inspection.
Inspectors have the right and duty in the course of inspection to impose either a prohibition or suspension of trade in chemicals or a prohibition or suspension of trade in biocidal products.
Where a natural or legal person fails to comply with the required conditions inspectors may impose a prohibition of trade in plant protection products or a prohibition of production, trade or use of substances considered persistent organic pollutants, either unaltered or contained in mixtures or products. In the case of detection of a detergent that poses a risk to safety or to the health of humans or animals, inspectors may impose an interim prohibition on such a product being placed on the market. At the same time they will require a remedy of irregularities and deficiencies or impose other measures and actions as laid down by the law.