The Food Safety (Sampling and Qualifications) (England) Regulations 2013

Regulation 3

SCHEDULE 1 E+W+S Instruments to which specified provisions of these Regulations do not apply

Title	Reference	Specified provisions
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997	S.I. 1997/1729	Regulations 7,8,9 and 10
The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007	S.I. 2007/2785	Regulations 7,8 and 9
The Materials and Articles in Contact with Food (England) Regulations 2012	S.I. 2012/2619	Regulations 7,8 and 9
[F1 The Contaminants in Food (England) Regulations 2013 (to the extent that a sample falls to be prepared and analysed in accordance with Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs	S.I. 2013/2196 .]	Regulations 7,8 and 9
The Poultry Meat (England) Regulations 2011	S.I. 2011/452	Regulations 7,8 and 9

Textual Amendments

F1 Words in Sch. 1 substituted (31.10.2013) by The Contaminants in Food (England) Regulations 2013 (S.I. 2013/2196), regs. 1, 9

Regulation 5

SCHEDULE 2 E+W+S Qualifications of Food Examiners

PART 1 E+W+S

1.  A first degree (with honours) in microbiology (irrespective of the title of the degree). E+W+S

2.  A degree of Master of Science, provided that — E+W+S

(a) the degree was awarded following an examination rather than a thesis; and

(b) at least one paper in the degree was in microbiology.

3.  Fellowship of the Institute of Biomedical Sciences if that Fellowship has been gained after passing the higher specialist diploma examination in medical microbiology set by that Institute. E+W+S

4.  The degree in Mastership in Chemical Analysis awarded by the Royal Society of Chemistry. E+W+S

5.  Fellowship or Membership of the Institute of Food Science and Technology. E+W+S

6.  In paragraphs 1 and 2 of this Part, “ degree” means a degree awarded by a body recognised for the purposes of section 214 of the Education Reform Act 1988 (which relates to bodies empowered to award degrees in the United Kingdom) or by a university in [F2 a Member State of the European Union]. E+W+S

Textual Amendments

F2 Words in Sch. 2 Pt. 1 para. 6 substituted (31.12.2020) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 6(4)(a)

PART 2 E+W+S

1.  The Laboratory of the Government Chemist. E+W+S

2.  A laboratory owned by a Government Department or a laboratory under the equivalent control of the government of [F3 a Member State of the European Union] [F4 or of a specified state]. E+W+S

Textual Amendments

F3 Words in Sch. 2 Pt. 2 para. 2 substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 6(4)(b)(i)

F4 Words in Sch. 2 Pt. 2 para. 2 inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 8(3)(b)

3.  A laboratory appointed as an official control laboratory under Regulation [F5 2017/625]. E+W+S

Textual Amendments

F5 Word in Sch. 2 Pt. 2 para. 3 substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 6(4)(b)(ii)

4.  A laboratory of a university in the United Kingdom or of [F6 a Member State of the European Union] [F7 or of a specified state]. E+W+S

Textual Amendments

F6 Words in Sch. 2 Pt. 2 para. 4 substituted (31.12.2020) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 6(4)(b)(iii)

F7 Words in Sch. 2 Pt. 2 para. 4 inserted (1.12.2023) by The Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023 (S.I. 2023/1286), reg. 1, Sch. 3 para. 8(3)(b)

5.  A laboratory of a fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 M1 . E+W+S

Marginal Citations

M1 2005 asp 6.

6.  A laboratory of the Scottish Agricultural College. E+W+S

7.  A laboratory specialising in food microbiology and accredited to ISO/IEC 17025. E+W+S

Regulation 10(2)

SCHEDULE 3 E+W+S Certificate of Analysis or Examination

Certificate of Analysis or Examination carried out under the Food Safety (Sampling and Qualifications) (England) Regulations 2013
TO: (name and address of person who originally submitted the sample)
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
I, the undersigned
……………………………………………………………………………………………………….
public analyst*/food analyst*/food examiner* for…………………………………………………
……………………………………………………………………………………………………….
certify that at…………………………………(time) on……………………………………..(date)
the sample marked as follows:
Date sample taken:…………………………………………………………………………………...
Reference number, description etc:…………………………………………………………………..
………………………………………………………………………………………………………..
Weight or measure: (may be omitted if the sample could not be conveniently weighed or measured or if the weight or measurement is not material to the result)
………………………………………………………………………………………………………..
was received by me from —
the person named above*
OR
(insert the name and address of the analyst/examiner to whom the sample was first submitted)
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
I certify that the sample was analysed*/examined* by me or under my direction and the results are as follows:
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
(if necessary continue overleaf)
My opinion and observations are (if deemed appropriate by analyst/examiner):
………………………………………………………………………………………………………..
………………………………………………………………………………………………………..
(if necessary continue overleaf)
I further certify that the sample had undergone no change that would affect my results, opinion or observations. (This statement is required if the sample has been analysed. It should be adapted if the certificate relates to food examination)
Certified by me this day ……………………(insert date) at………………………… (insert place)
Signature:………………………………………… Status……………………………………….
Name in BLOCK LETTERS
Official address:……………………………………………………………………………………...
……………………………………………………………………………………………………….
Telephone No:……………………….. E.mail:……………………………………………..
(*delete as appropriate)