PART 3Sampling and Analysis
Reference analysisI116
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.