The Animals and Animal Products (Examination for Residues and Maximum Residue Limits)(England and Scotland) Regulations 2015

Reference analysisE+S

This section has no associated Explanatory Memorandum

16.—(1) The finding specified in the primary analysis certificate is to be referred by an authorised officer to an approved laboratory for a reference analysis together with the remainder of the official sample retained by the analyst in accordance with regulation 14(2) or 14(3), as appropriate, if—

(a)the finding shows that the official sample, whether or not an extract of any solid implant or injection site, contains a substance which is specified under the heading “Group A” in Annex 1 to Council Directive 96/23; or

(b)an authorised officer in any event so decides.

(2) The analyst is to record the results of the reference analysis in a reference analysis certificate and provide a copy of that certificate to an authorised officer who is to then give a copy to the relevant person.

(3) The relevant person may, on the basis of a contradictory analysis and by notice in writing served on an authorised officer, challenge the finding specified in a primary analysis certificate in relation to an official sample at any time before that sample, or part thereof, is referred for a reference analysis.

(4) Where, in accordance with paragraph (3), the relevant person challenges the finding specified in a primary analysis certificate that person is liable for the costs of any reference analysis which confirms the finding specified in that certificate.

Commencement Information

I1Reg. 16 in force at 1.7.2015, see reg. 1(1)