Agriculture Act 1970

77 Division of samples and analysis by agricultural analyst. U.K.

(1) Where a sample has been taken by an inspector in the prescribed manner, then, subject to subsection (2) of this section, he shall divide it into three parts of as near as may be equal size and cause each part to be marked, sealed and fastened up in the prescribed manner; and the inspector—

(a) shall send one part to the agricultural analyst for the inspector’s area;

(b) shall send another part—

(i) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the seller or his agent;

(ii) in any other case, if the person on whose premises the sample was taken purchased the material in question for use and not for resale, to the seller or his agent and otherwise to the person on whose premises the sample was taken; and

(c) subject to section 78 of this Act, shall retain the remaining part for nine months.

(2) If the person who manufactured any material of which an inspector has taken a sample in the prescribed manner is not a person to whom a part of the sample is required to be sent under subsection (1) of this section, that subsection shall have effect as if for the reference to three parts there were substituted a reference to four parts, and the inspector shall send the fourth part to the manufacturer unless he does not know the manufacturer’s name, or any address of the manufacturer in the United Kingdom, and is unable after making reasonable inquiries to ascertain that name, or, as the case may be, any such address before the expiration of fourteen days from the date when the sample was taken.

(3) There shall be sent with the part of a sample sent to the agricultural analyst—

(a) a statement signed by the inspector that the sample was taken in the prescribed manner;

(b) a copy of any statutory statement relating to the material sampled, a copy of any matters with which that material had been marked pursuant to this Part of this Act and, where the material sampled was described or marked as mentioned in section 70(1) or 71(1) of this Act, a copy of the document or the matters stated by the mark in question.

(4) The agricultural analyst shall analyse the part of a sample which is sent to him under subsection (1)(a) of this section in such manner, if any, as may be prescribed and send a certificate of analysis in the prescribed form to the inspector who shall send a copy of it—

(a) where the sample was taken pursuant to the request of a purchaser under section 75 of this Act, to the purchaser and to the seller or his agent;

(b) in any other case, to the person to whom a part of the sample has been sent under subsection (1)(b)(ii) of this section;

and, in either case, to any person to whom he has sent a part of the sample under subsection (2) of this section.

(5) If the agricultural analyst to whom a sample is sent for analysis determines that for any reason an effective analysis of the sample cannot be made by him or under his direction he shall send it to the agricultural analyst for another area together with any documents received by him with the sample; and thereupon the foregoing provisions of this section shall apply as if that other analyst were the agricultural analyst for the inspector’s area and the sample had originally been sent to him.

Subordinate Legislation Made

P1 S. 77: s. 74A (with ss. 66(1), 67(5), 75(1), 76(1), 77, 78(2)(4)(6), 79(1)(2)(9) and 84) power exercised by S.I.1991/973

P2 S. 77: for previous exercises of power see Index to Government Orders

P3 S. 77: S. 74A (with ss. 66(1), 75(1), 76(1), 77, 78(2), (4) and (6), 79(1), (2) and (9), 84 and 86(1), (2), (3) and (9)) power exercised by S.R.1991/540

Modifications etc. (not altering text)

C1 S. 77 applied (with modifications) (E.) (4.10.2004) by Genetically Modified Animal Feed (England) Regulations 2004 (S.I. 2004/2334), regs. 1(b), 6(2)(b)

C2 S. 77 applied (with modifications) (N.I.) (8.10.2004) by The Genetically Modified Animal Feed Regulations (Northern Ireland) 2004 (S.R. 2004/386), regs. 1, 6

C3 S. 77(1)(b)(2) modified (21.6.1996) by S.I. 1996/1342, reg. 4

C4 S. 77(4) modified (8.9.1999) by S.I. 1999/2325, regs. 7(1)(2), 11 (as amended: (E.) (20.3.3001) by S.I. 2001/541, reg. 5(a); (S.) (6.4.2001) by S.S.I. 2001/104, reg. 7(c); (W.) (1.8.2001) by S.I. 2001/2253, reg. 7(c))

C5 S. 77(4) modified by S.I. 1999/2325, reg. 11A (as inserted: (E.) (20.3.3001) by S.I. 2001/541, reg. 8; (S.) (6.4.2001) by S.S.I. 2001/104, reg. 5(b); (W.) (1.8.2001) by S.I. 2001/2253, reg. 8)

C6 S. 77(4) modified by SI 1999/2325 reg. 11-11B (as substituted (E.) (9.6.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (England) Regulations 2003 (S.I. 2003/1296), regs. 1, 12)

C7 S. 77(4) modified by SI 1999/2325 reg. 11-11B (as substituted (S.) (26.6.2003) by The Feeding Stuffs (Miscellaneous Amendments) (Scotland) Regulations 2003 (S.S.I. 2003/277), regs. 1(1), 13)

C8 S. 77(4) modified by SI 1999/2325 reg. 11-11B (as substituted (W.) (14.7.2003) by Feeding Stuffs (Sampling and Analysis), the Feeding Stuffs (Enforcement) and the Feeding Stuffs (Establishments and Intermediaries) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1677), regs. 1, 12)

C9 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (E.) (1.8.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 (S.I. 2003/1503), regs. 1(2), 18

C10 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (W.) (1.8.2003) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2003 (S.I. 2003/1850), regs. 1(2), 18

C11 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (W.) (3.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) (No.2) Regulatons 2003 (S.I. 2003/3119), regs. 1(2), 9

C12 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (E.) (8.12.2003) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No.2) Regulations 2003 (S.I. 2003/2912), regs. 1, 9

C13 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (E.) (1.6.2004) by Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 (S.I. 2004/1301), regs. 1, 9

C14 S. 77(4) amendment to earlier affecting provision SI 1999/2325 reg. 11-11B (W.) (9.7.2004) by The Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (Wales) Regulations 2004 (S.I. 2004/1749), regs. 1, 9