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The Food (Northern Ireland) Order 1989

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Power of court to require analysis by Government Chemist

56.—(1) The court before which any prosecution is brought under this Order or any regulations made under it may, if the court thinks fit, and upon the request of either party shall, cause the part of any sample produced before the court under Article 52(8) to be sent to the Government Chemist, who shall—

(a)make an analysis, and

(b)transmit to the court a certificate of its result,

and the costs of the analysis shall be paid by the complainant or the defendant as the court may order.

(2) If, in a case where an appeal is brought, action has not been taken under paragraph (1), the provisions of that paragraph shall apply also in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis transmitted by the Government Chemist under this Article shall be signed by or on behalf of the Government Chemist, but the analysis may be made by any person acting under the direction of the person by whom the certificate is signed.

(4) Any certificate of the results of an analysis transmitted by the Government Chemist under this Article shall be evidence of the facts stated in it unless any party to the prosecution requires that the person by whom it is signed shall be called as a witness.

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