The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Additional provisions relating to sampling and analysis

31.—(1) Any person who–

(a) tampers with any material so as to procure that any sample of it taken or submitted for analysis under these Regulations does not correctly represent the material; or

(b) tampers or interferes with any sample taken or submitted for analysis under these Regulations,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or both.

(2) Any analysis required to be made under regulation 30(4) may be performed by any person acting under the direction of the agricultural analyst or the analyst at the point 4 complaint laboratory as the case may be.

(3) A certificate of analysis by an agricultural analyst or an analyst at a point 4 complaint laboratory shall in any legal proceedings be received as evidence of the facts stated in the certificate if the party against whom it is to be given in evidence–

(a) has been served with a copy of it not less than 21 days before the hearing; and

(b) has not, before the seventh day preceding the hearing, served on the other party a notice requiring the attendance of the person who made the analysis.

(4) Any document purporting to be a certificate of analysis for the purposes of paragraph (3) shall be deemed to be such a certificate unless the contrary is proved.