Additional provisions relating to sampling and analysis
32.—(1) Any person who—
(a)tampers with any material so as to procure that any sample of it taken or submitted for analysis under these Regulations does not correctly represent the material; or
(b)tampers or interferes with any sample taken or submitted for analysis under these Regulations,
is guilty of an offence and liable on summary conviction to a fine not exceeding level five on the standard scale or imprisonment for a term not exceeding three months or both.
(2) Any analysis required to be made under regulation 30(4) or 31(3) may be performed by any person acting under the direction of the agricultural analyst, the analyst at the point 4 compliant laboratory or the Chief Agricultural Analyst as the case may be.
(3) A certificate of analysis by an agricultural analyst, an analyst at a point 4 compliant laboratory or the Chief Agricultural Analyst shall in any legal proceedings be received as evidence of the facts stated in the certificate if the party against whom it is to be given in evidence—
(a)has been served with a copy of it not less than twenty-one days before the hearing; and
(b)has not, before the seventh day preceding the hearing, served on the other party a notice requiring the attendance of the person who made the analysis.
(4) Any document purporting to be a certificate of analysis for the purposes of paragraph (3) shall be deemed to be such a certificate unless the contrary is proved.