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2. An enforcement authority intending to purchase a cosmetic product shall purchase a sufficient laboratory sample, as defined in paragraph 2.3 of Part 1 of Annex A, for the purpose of Annex A; and, for the purposes of the definition of “total sample” in paragraph 2.2 of Part 1 of Annex A; samples shall be regarded as having the sample batch number if—
(a)the means of identifying the batch referred to in regulation 12(d) shows that they were manufactured in the same batch;
(b)in the case of a product not manufactured in a batch, the reference referred to in regulation 12(1)(d) shows that they are derived from the same unit of production; or
(c)in the case of a product which does not comply with the requirements of regulation 12(1)(d), the officer effecting the purchase has reasonable cause to believe that they were manufactured in the same batch or are derived from the same unit of production, as the case may be.
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Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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