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The EC Fertilisers (England and Wales) Regulations 2006

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Treatment of samples

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17.  In any proceedings for an offence under these Regulations in relation to which the content of a fertiliser is relevant—

(a)a court shall not conclude that a sample is representative of the fertiliser unless—

(i)the sample has been taken in accordance with Annex IV; and

(ii)it has been subjected to analysis in accordance with Annex IV in a laboratory listed in accordance with paragraphs (2) or (5) of Article 30 (laboratories);

(b)a certificate given by a person that he is an inspector and took the sample in accordance with Annex IV shall, unless the contrary is proved, be taken as evidence of his being one and having done so;

(c)a certificate given on behalf of a laboratory that it is authorised under Article 33 and that it analysed the sample in question in accordance with Annex IV shall, unless the contrary is proved, be evidence of it being so authorised and having done so; and

(d)the combination of those certificates shall, unless the contrary is proved, be taken as evidence that the sample is representative of the fertiliser.

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