The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

[F1 SECTION 1 E+W+S Delegation of tasks

Textual Amendments

F1 Sch. 12 inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 2

Delegation E+W+S

56.— (1) A food authority may delegate a task specified in the first column of the table in Section 2 (tasks that may be delegated) on an one-off or occasional basis or for such duration as may, from time to time, be agreed between the food authority and the person to whom the task is to be delegated.

(2) Any arrangement entered into under sub-paragraph (1) must provide that the delegate must comply with any provision in this Schedule relating to the exercise of that task, including any provision relating to—

(a) the taking of samples,

(b) the frequency (if relevant, taking into account the duration of the arrangement) at which the samples are to be taken,

(c) the method of analysis that must be used to analyse samples, including any minimum performance characteristics that apply to the selection of a method of analysis,

(d) the calculation of the limit of detection,

(e) the use of uncertainty of measurement percentages,

(f) the validation and documenting of the methods of analysis used, and

(g) the use of quality management practices.

(3) In relation to a task specified in the first column of the table in Section 2 for which there is an entry in the second column of the table, any arrangement entered into under sub-paragraph (1) must provide that—

(a) the food authority must, where specified in the second column of the table, provide the delegate with the instructions needed to carried out the task, and

(b) the delegate must carry out the delegated task on the basis specified in the second column of that table.

(4) A food authority must not enter into an arrangement under sub-paragraph (1) unless—

(a) it is satisfied that the task will be carried out promptly by a person competent to perform it, and

(b) it has made arrangements with the delegate to ensure that—

(i) where the result of an analysis indicates that the concentration or value of any parameter has been exceeded, the delegate will communicate the result of the analysis to the food authority immediately after determining the result, and

(ii) in every other case, the delegate will communicate the result of the analysis to the food authority within 28 days beginning with the day after the day on which it has determined the result.]