The Feeding Stuffs (Establishments and Intermediaries) Regulations 1998

Further analysis of samples

89.—(1) Where a part of a sample sent to an agricultural analyst pursuant to regulation 84 has been analysed, and it is intended to institute proceedings, or proceedings have been commenced, against a person for an offence under regulation 91(a), and it is intended to adduce, on behalf of the prosecution, evidence of the result of the analysis of that part of the sample, the defendant, for the purpose of obtaining a second opinion, may request the authorised person to send the retained part of the sample for analysis to—

(a) where the sample was taken in Great Britain, the Government Chemist, and

(b) where the sample was taken in Northern Ireland, the Chief Agricultural Analyst.

(2) Where a defendant requests the authorised person to send the retained part of the sample to the Government Chemist or, as the case may be, the Chief Agricultural Analyst, pursuant to paragraph (1), the following procedure shall (subject to paragraph (3)), be followed—

(a) the authorised person shall—

(i) send the retained part of the sample for analysis to the Government Chemist or, as the case may be, the Chief Agricultural Analyst, and

(ii) supply the defendant with a copy of the Government Chemist’s or, as the case may be, the Chief Agricultural Analyst's, certificate of analysis of that part of the sample; and

(b) the Government Chemist or, as the case may be, the Chief Agricultural Analyst, shall analyse the part of the sample sent to him under sub-paragraph (a) above and shall send a certificate of the analysis, completed in the form set out in Schedule 2, and in accordance with the notes set out in that Schedule, to the authorised person.

(3) The authorised person may in any case give notice in writing to the defendant requesting payment of a fee specified in the notice in respect of performance of the functions specified in paragraph (2)(b) and, if the fee so specified exceeds neither—

(a) the cost of performing them, nor

(b) the appropriate fee for the performance of any similar function under section 78 of the Agriculture Act 1970,

the authorised person may, in the absence of agreement by the defendant to pay the fee, refuse to comply with the request under paragraph (1).

(4) In this regulation “defendant” includes a prospective defendant.