The Official Feed and Food Controls (Scotland) Regulations 2009

Analysis etc. of samples

38.—(1) An authorised officer of a food authority who has procured a sample under regulation 37 shall—

(a) if the officer considers that the sample should be analysed, submit it to be analysed by a public analyst;

(b) if the officer considers that the sample should be examined, submit it to be examined by a food examiner.

(2) A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it —

(a) to be analysed by the public analyst for the area in which the purchase was made; or

(b) to be examined by a food examiner.

(3) If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.

(4) If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines (for any reason) that that food analyst or examiner is unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by the food analyst or examiner to such other food analyst or examiner as that person may determine.

(5) A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to that food analyst or examiner under this regulation, but may, except where—

(a) that person is the public analyst for the area in question; and

(b) the sample is submitted for analysis by an authorised officer of a food authority,

demand in advance the payment of such reasonable fee as the food analyst or examiner may require.

(6) Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.

(7) Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by the food analyst or examiner, but the analysis or examination may be made by any person acting under the direction of the food analyst or examiner.

(8) In any proceedings under the Import Provisions, the production by one of the parties—

(a) of a document purporting to be a certificate given by a food analyst or examiner under paragraph (6); or

(b) of a document supplied to the food analyst or examiner by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless, in a case falling within sub�??paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.

(9) Any reference in this regulation to a public analyst for a given area shall, where two or more public analysts have been appointed for that area, be construed as a reference to either or any of them.

(10) [F1 The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013] shall apply in relation to a sample procured by an authorised officer of a food authority under regulation [F2 37] as if it were a sample procured by an authorised officer under section 29 of the Act.

(11) The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to [F3 the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013].

Textual Amendments

F1 Words in reg. 38(10) substituted (6.4.2013) by The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 (S.S.I. 2013/84), regs. 1, 11(b) (with reg. 3)

F2 Word in reg. 38(10) substituted (25.1.2010) by The Official Feed and Food Controls (Scotland) Amendment Regulations 2010 (S.S.I. 2010/5), regs. 1, 2(3)

F3 Words in reg. 38(11) substituted (6.4.2013) by The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 (S.S.I. 2013/84), regs. 1, 11(b) (with reg. 3)