The Human Medicines Regulations 2012

Division of sample U.K.

2.  The sampling officer must as soon as practicable— U.K.

(a) divide the sample into three parts;

(b) mark each part;

(c) seal or fasten each part; and

(d) deal with the parts in accordance with paragraphs 3 to 10.

3.  If the sample was purchased by the sampling officer otherwise than from a vending machine the officer must supply one part of the sample to the seller. U.K.

4.  If the sampling officer obtained the sample from a vending machine— U.K.

(a) if a person's name and an address in the United Kingdom are stated on the machine as being the name and address of the owner of the machine, the sampling officer must supply one part of the sample to that person; and

(b) in any other case, the sampling officer must supply one part of the sample to the occupier of the premises on which the machine stands or to which it is affixed.

5.  If the sample is a sample of goods consigned from outside the United Kingdom, and was taken by the sampling officer before delivery to the consignee, the sampling officer must supply one part of the sample to the consignee. U.K.

6.  If, in a case not falling within any of paragraphs 3 to 5 of this Schedule, the sample was obtained by the sampling officer at the request or with the consent of a purchaser, the sampling officer must supply one part of the sample to the seller. U.K.

7.  If, in a case not falling within any of paragraphs 3 to 6 of this Schedule, the sample was taken in transit, the sampling officer must supply one part of the sample to the consignor. U.K.

8.  In any case not falling within any of paragraphs 3 to 7 of this Schedule, the sampling officer must supply one part of the sample to the person appearing to the sampling officer to be the owner of the substance or article from which the sample was taken. U.K.

9.  In every case falling within any of paragraphs 3 to 8 of this Schedule, the sampling officer must inform the person to whom the part of the sample in question is supplied that the sample has been obtained for the purpose of analysis or other examination. U.K.

10.  Unless the sampling officer decides not to submit the sample for analysis or other examination the sampling officer must— U.K.

(a) retain one of the two remaining parts for future comparison; and

(b) submit the other part for analysis or examination in accordance with the following provisions of this Schedule.

11.  If a sample consists of substances or articles in unopened containers, the sampling officer may divide the sample into parts by dividing the containers into three lots without opening them if it appears to the sampling officer that— U.K.

(a) it is not reasonably practicable to open the containers and divide the contents into parts; or

(b) opening the containers and dividing the contents into parts might affect the composition or impede the analysis or other examination of the contents.

12.  Regulation 343(1)(a) to (d) has effect in relation to supplying a part of a sample in pursuance of the preceding paragraphs as it has effect in relation to the service of a document. U.K.

13.  If after reasonable inquiry the sampling officer is unable to ascertain the name of a person to whom, or the address at which, a part of a sample should be supplied, the sampling officer may retain that part of the sample. U.K.