Food Act 1984

81 Sampling of milk

(1) The provisions of this Act relating—

(a) to the procuring of samples by a sampling officer, and

(b) to connected proceedings,

have in relation to milk effect subject to Part II of Schedule 7.

(2) Where milk sold or exposed for sale within the area of any council is obtained from a dairy outside that area—

(a) the proper officer or any other authorised officer of the council may by written notice to the proper officer or other authorised officer of a food and drugs authority within whose area the dairy is situated, or through whose area the milk is transported, request him to procure samples of the milk, and

(b) it is the duty of an officer who receives such a notice to procure, as soon as is practicable, samples of the milk in question and to forward those samples to the officer who gave the notice, or to such person as that officer may direct,

and for the purposes of this Act samples so procured shall be deemed to have been procured within the area for which the officer who gave the notice acts.

(3) So much of any contract as requires a purveyor of milk, on a sample of milk being procured under this Act—

(a) to send to the person from whom he obtained the milk any part of that sample, or

(b) to give to that person notice that a sample has been so procured,

shall be void.

(4) It is a defence for a person charged with an offence under this Act, or regulations made under this Act, in respect of a sample of milk taken after the milk has left his possession, to prove—

(a) that the churn or other vessel in which the milk was contained was effectively closed and sealed at the time when it left his possession ; and

(b) that it had been opened before the person by whom the sample was taken had access to it.