31.—(1) An authorised officer of the Department of Agriculture who has procured a sample under Article 29 may—
(a)if he considers that the sample should be analysed by an analyst appointed under Article 27(6), submit it to be so analysed;
(b)if he considers that the sample should be examined by a food examiner, submit it to be so examined.
[F1(1A) An authorised officer of the Food Standards Agency who has procured a sample under Article 29 may—
(a) if he considers that the sample should be analysed by a public analyst or a food analyst, submit it to be so analysed;
(b)if he considers that the sample should be examined by a food examiner, submit it to be so examined,
and for the purposes of this paragraph references in Article 27(1) and (6) to functions conferred on district councils or to the functions of the Department of Agriculture include references to functions of the Food Standards Agency.]
(2) Paragraphs (4) to (8) of Article 30 shall apply for the purpose of the analysis or examination of a sample submitted under paragraph (1)[F1 or (1A)] of this Article as they apply for the purpose of the analysis or examination of a sample submitted under paragraph (1) of Article 30.
(3) For the purposes of this Article—
“food analyst” means an analyst appointed under Article 27(6) or any other person who possesses the requisite qualifications to carry out analyses for the purposes of this Order;
“food examiner” means any person who possesses the requisite qualifications to carry out examinations for the purposes of this Order;
“the requisite qualifications” means such qualifications as may be prescribed by regulations, or such other qualifications as the[F1 Department] may approve;
“sample”, in relation to an authorised officer of the Department of Agriculture[F1 or the Food Standards Agency], includes any part of a sample retained by him in pursuance of regulations under Article 32.
Modifications etc. (not altering text)
C1Arts. 30 31 applied with modification(s) (31.3.2016) by The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016 (S.R. 2016/54), regs. 1, 32(5)