Farm and Garden Chemicals Act 1967

4 Evidence of analysis of products

(1) In proceedings for an offence under this Act the prosecutor shall not call evidence of the results of any analysis of the product in relation to which the offence is alleged to have been committed unless the following provisions of this subsection are complied with, that is to say—

(a) the summons for the offence shall be served on the defendant not less than eighteen days before the date of the hearing and shall be accompanied by a notice in writing that the prosecutor proposes to rely on such evidence, together with a statement or a summary of the results of the analysis;

(b) the prosecutor shall, not less than eighteen days before the date of the hearing, give the defendant a sample of the product in sufficient quantity to make a proper analysis of the sample, or shall include in the notice given under the foregoing paragraph a statement that the defendant may at any time not later than eleven days before that date request the prosecutor to give him such a sample;

(c) the prosecutor shall, where so requested in response to a statement under the last foregoing paragraph, give the defendant such a sample not later than seven days before the date of the hearing;

(d) the prosecutor shall retain another such sample and produce it at the hearing.

(2) The requirement imposed by the foregoing subsection to give a sample of a product may be satisfied in the case of a product contained in unopened containers by giving a container purchased at the same time as that product and sold as containing, or appearing from the appearance of the container, or from any label attached to, written on or supplied with it, to contain, the identical product.

(3) A document purporting to be a certificate by an analyst possessing the requisite qualifications for appointment as a public analyst under section 89 of the [1955 c. 5 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 as to the result of an analysis of a sample shall in proceedings for an offence under this Act be admissible as evidence of the matters stated therein, provided, in the case of a certificate tendered by the prosecutor, that a copy of the certificate has been given to the defendant together with the notice under subsection (1) of this section; but either party may require the person by whom the analysis was made to be called as a witness.

(4) If in proceedings for an offence under this Act evidence is given of the results of an analysis of the product in relation to which the offence is alleged to have been committed, the court may, if it thinks fit, and upon the request of either party shall, cause the sample produced before the court under subsection (1) of this section to be sent to the Government Chemist, who shall make an analysis and transmit to the court a certificate of the result thereof, and the cost of the analysis shall be paid by the prosecutor or the defendant as the court may order.

(5) If, in a case where an appeal is brought, no action has been taken under the last foregoing subsection, that subsection shall apply also in relation to the court by which the appeal is heard.

(6) Any sample required to be given to the defendant under this section may be given to him either—

(a) by delivering it to him; or

(b) in the case of an individual, by leaving it, or sending it by registered post or the recorded delivery service addressed to him, at his usual or last known residence; or

(c) in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it by registered post or the recorded delivery service addressed to him at that office.

(7) In the application of this section to Scotland—

(a) for the references to the defendant there shall be substituted references to the accused;

(b) for the references in subsection (1) to the summons and the hearing there shall be respectively substituted references to the complaint and the trial; and

(c) in subsection (3), for the reference to section 89 of the [1955 c. 5 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 there shall be substituted a reference to section 27 of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956, after " evidence ", there shall be inserted the words " and in Scotland sufficient evidence ", and at the end there shall be inserted the words " and in that event in Scotland the evidence of the analyst shall be sufficient evidence of the aforesaid matters ".