http://www.legislation.gov.uk/id/ukpga/1990/16/part/III

C10 C11 C191 C193 C210 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:

Modifications etc. (not altering text)

C10

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C11

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C191

Pt. III modified (6.4.2010) by The Southampton Port Health Authority Order 2010 (S.I. 2010/1218), arts. 1(1), 4, Sch.

C193

Pt. III modified (6.4.2010) by The Cornwall Port Health Authority Order 2010 (S.I. 2010/1215), arts. 1(1), 4, Sch. (with art. 2)

C210

Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

Sampling and analysis etc.

C1 C2 C3 C14 C16 C18 C20 C25 C27 C28 C31 C30 C33 C36 C38 C39 C41 C42 C44 C46 C47 C48 C50 C53 C61 C64 C69 C72 C74 C79 C98 C96 C100 C136 C154 C163 C168 C176 C187 C185 C197 C208 C215 C217 C226 C228 C230 C240 C247 C249 C253 C256 C25829 Procurement of samples.

An authorised officer of an enforcement authority may—

a

purchase a sample of any food, or any substance capable of being used in the preparation of food;

b

take a sample of any food, or any such substance, which—

i

appears to him to be intended for sale, or to have been sold, for human consumption; or

ii

is found by him on or in any premises which he is authorised to enter by or under section 32 below;

c

take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises;

d

take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of this Act or of regulations or orders made under it.

C4 C5 C6 C7 C29 C37 C45 C49 C62 C65 C99 C97 C101 C122 C184 C181 C186 C25430C191 C193 Analysis etc. of samples.

1

An authorised officer of an enforcement authority who has procured a sample under section 29 above shall—

a

if he considers that the sample should be analysed, submit it to be analysed either—

i

by the public analyst for the area in which the sample was procured; or

ii

by the public analyst for the area which consists of or includes the area of the authority;

b

if he considers that the sample should be examined, submit it to be examined by a food examiner.

2

A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it—

a

to be analysed by the public analyst for the area in which the purchase was made; or

b

to be examined by a food examiner.

3

If, in any case where a sample is proposed to be submitted for analysis under this section, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.

4

If, in any case where a sample is proposed to be or is submitted for analysis or examination under this section, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.

5

A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this section, but may, except where—

a

he is the public analyst for the area in question; and

b

the sample is submitted to him for analysis by an authorised officer of an enforcement authority,

demand in advance the payment of such reasonable fee as he may require.

C2596

A food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.

7

Any certificate given by a food analyst or examiner under subsection (6) above shall be signed by him, but the analysis or examination may be made by any person acting under his direction.

C8 C9 C13 C12 C17 C15 C19 C21 C23 C22 C24 C26 C32 C35 C34 C40 C43 C54 C52 C56 C51 C55 C57 C58 C59 C60 C63 C66 C67 C68 C70 C71 C73 C75 C76 C77 C78 C80 C81 C85 C83 C86 C84 C82 C89 C90 C91 C92 C94 C93 C95 C102 C103 C104 C105 C107 C108 C106 C110 C111 C109 C112 C113 C114 C116 C115 C117 C118 C119 C120 C123 C124 C121 C130 C129 C128 C125 C127 C126 C131 C132 C133 C134 C135 C137 C138 C139 C140 C141 C143 C142 C144 C146 C145 C147 C148 C149 C151 C150 C152 C153 C155 C157 C158 C156 C161 C162 C159 C160 C164 C167 C166 C165 C169 C172 C171 C170 C174 C175 C173 C177 C178 C180 C179 C188 C189 C183 C182 C190 C194 C195 C192 C196 C198 C201 C202 C203 C200 C199 C204 C206 C205 C207 C209 C211 C213 C212 C214 C216 C218 C219 C221 C220 C222 C223 C224 C225 C227 C229 C231 C232 C236 C234 C235 C233 C239 C237 C238 C241 C243 C242 C245 C244 C246 C248 C250 C252 C251 C255 C257 C2608

In any proceedings under this Act, the production by one of the parties—

a

of a document purporting to be a certificate given by a food analyst or examiner under subsection (6) above; or

b

of a document supplied to him by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless, in a case falling within paragraph (a) above, the other party requires that the food analyst or examiner shall be called as a witness.

C879

In this section—

“food analyst” means a public analyst or any other person who possesses the requisite qualifications to carry out analyses for the purposes of this Act;
“food examiner” means any person who possesses the requisite qualifications to carry out examinations for the purposes of this Act;
“the requisite qualifications” means such qualifications as may be prescribed by regulations made by F1the Secretary of State, or such other qualifications as F1the Secretary of State may approve;
“sample”, in relation to an authorised officer of an enforcement authority, includes any part of a sample retained by him in pursuance of regulations under section 31 below;

and where two or more public analysts are appointed for any area, any reference in this section to the public analyst for that area shall be construed as a reference to either or any of them.

C8831 Regulation of sampling and analysis etc.

1

F2The Secretary of State may by regulations make provision for supplementing or modifying the provisions of sections 29 and 30 above.

2

Without prejudice to the generality of subsection (1) above, regulations under that subsection may make provision with respect to—

a

the matters to be taken into account in determining whether, and at what times, samples should be procured;

b

the manner of procuring samples, including the steps to be taken in order to ensure that any samples procured are fair samples;

c

the method of dealing with samples, including (where appropriate) their division into parts;

d

the persons to whom parts of samples are to be given and the persons by whom such parts are to be retained;

e

the notices which are to be given to, and the information which is to be furnished by, the persons in charge of any food, substance, contact material or food source of or from which samples are procured;

f

the methods which are to be used in analysing or examining samples, or parts of samples, or in classifying the results of analyses or examinations;

g

the circumstances in which a food analyst or examiner is to be precluded, by reason of a conflict of interest, from analysing or examining a particular sample or part of a sample; and

h

the circumstances in which samples, or parts of samples, are to be or may be submitted for analysis or examination—

i

to the Government Chemist, or to such other food analyst or examiner as he may direct; or

ii

to a person determined by or under the regulations.

3

In this section “food analyst” and “food examiner” have the same meanings as in section 30 above.

C10C11C191C193C210 Part III ADMINISTRATION AND ENFORCEMENT