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The EC Fertilisers (Scotland) Regulations 2006

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Treatment of samples

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17.  In any proceedings for an offence under these Regulations (including an application to a sheriff under regulation 18(1)(b)) to which the content of a fertiliser is relevant–

(a)a court shall not conclude that a sample is representative of the fertiliser unless the sample–

(i)has been taken in accordance with Annex IV (methods of sampling and analysis); and

(ii)has been subjected to analysis in accordance with Annex IV in a laboratory listed in accordance with Article 30(2) or (5);

(b)a certificate given by a person that that person is an inspector and took a sample in accordance with Annex IV shall, unless the contrary is proved, be taken as evidence of that person being an inspector and having done so;

(c)a certificate given by an operator of a laboratory that the laboratory is approved for the purposes set out in Article 30(1) and that a sample was analysed in accordance with Annex IV shall, unless the contrary is proved, be evidence of the laboratory being so approved and the analysis having been so carried out; and

(d)the combination of the certificates referred to in paragraphs (b) and (c) shall, unless the contrary is proved, be taken as evidence that a sample is representative of the fertiliser.

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