PART 3 E+WSampling and analysis

Procedure relating to samples for analysisE+W

15.—(1) Where an authorised officer obtains a sample and decides to have it analysed for the purpose of ascertaining whether there is or has been any contravention of specified feed law, the officer must divide the sample into three parts of as near as may be equal size and—

(a)cause each part to be marked, sealed and fastened in the prescribed manner;

(b)send one part for analysis to the agricultural analyst for the area of the enforcement authority from which the authorised officer derives his or her authority;

[F1(c)send another part to—

(i)the person on whose premises the material was sampled or to that person’s agent; or

(ii)the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent; and]

(d)retain and preserve the remaining part as an officially sealed reference sample.

(2) If the person who manufactured any material sampled under these Regulations is not a person to whom part of the sample should be sent under paragraph (1), that paragraph has effect as if for the reference to three parts there were substituted a reference to four parts, and the authorised officer must within fourteen days of the date of sampling send the fourth part to the manufacturer, unless the officer does not know and is unable to ascertain after making reasonable enquiries the identity or the address in the United Kingdom of the manufacturer.

(3) The part of the sample sent to the agricultural analyst must be accompanied by a statement signed by the authorised officer confirming that the sample was taken in the prescribed manner.

(4) The agricultural analyst must analyse the part of the sample sent under paragraph (1)(b), and send a certificate of analysis to the authorised officer, who must send a copy to—

[F2(a)the person on whose premises the material was sampled or that person’s agent;

(b)the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent; and

(c)if part of the sample was sent under paragraph (2), to the person to whom that part was sent.]

(5) Any analysis required to be made under paragraph (4) may be performed by any person acting under the direction of the agricultural analyst.

(6) If the agricultural analyst to whom the sample was sent under paragraph (1)(b) determines that an effective analysis of the sample cannot be performed by him or her or under his or her direction, that analyst must send it to the agricultural analyst for another area, together with any documents received with the sample, and paragraph (4) then applies as if the sample had originally been sent to that other analyst.

Textual Amendments