Food Act 1984

Sections 80, 81, 82, 83, 84, 102, 118.

SCHEDULE 7 Sampling

PART I MANNER IN WHICH SAMPLES TAKEN OR PURCHASED FOR ANALYSIS ARE TO BE DEALT WITH

1 The sampling officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall—

(a) with respect to one part of the sample comply with paragraphs 2 to 8, and

(b) deal with the remaining parts in accordance with paragraph 9.

2 (1) If the sample was purchased by the sampling officer, he shall give the part of the sample to the vendor.

(2) hi relation to a sample purchased from an automatic machine, this paragraph applies as if for the reference to the vendor there were substituted a reference—

(a) if the name and address (being an address in England and Wales) of a person stated to be the proprietor of the machine appears on the machine, to that person;

(b) in any other case, to the occupier of the premises on which the machine stands or to which it is affixed.

3 If the sample is of goods consigned from outside England and Wales and was taken by the sampling officer before delivery to the consignee, the officer shall give the part of the sample to the consignee.

4 (1) This paragraph applies in relation to any sample of milk taken by the sampling officer, except to—

(a) one in relation to which paragraph 3 applies ; or

(b) any sample of cream.

(2) If the sample was taken from a container—

(a) having a capacity greater than six pints, and

(b) appearing to the officer to show the name and address (being an address in England and Wales) of any person as consignor of the milk,

the officer shall give the part of the sample to that person.

(3) If the sample was taken from a container—

(a) having a capacity of six pints or less, and

(b) appearing to the officer to show the name and address (being an address in England and Wales) of any person as the person who put the milk into the container,

the officer shall give the part of the sample to that person.

(4) If—

(a) neither sub-paragraphs (2) or (3) apply, and

(b) the sample was taken at a dairy,

the officer shall give the part of the sample to the occupier of the dairy.

(5) If none of sub-paragraphs (2) to (4) apply, the officer shall give the part of the sample—

(a) to the occupier of the dairy from which the milk was consigned; or

(b) if the milk was consigned from more than one dairy, to the occupier of the dairy from which it was last consigned.

5 If—

(a) none of the foregoing paragraphs of this Schedule apply, and

(b) the sample was taken by the sampling officer at the request of a purchaser, or taken with the consent of a purchaser by retail,

the officer shall give the part of the sample to the vendor.

6 If—

(a) none of the foregoing paragraphs of this Schedule apply, and

(b) the sample was taken in transit,

the sampling officer shall give the part of the sample to the consignor.

7 If none of the foregoing paragraphs of this Schedule apply, the sampling officer shall give the part of the sample to the person appearing to be the owner of the food or substance of which the sample was taken.

8 In every case to which paragraphs 2 to 7 apply the sampling officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken for the purpose of analysis by a public analyst.

9 Of the remaining parts of the sample, the sampling officer shall, unless he decides not to have an analysis made, submit one for analysis in accordance with section 79, and retain the other for future comparison.

10 Any part of a sample which under this Schedule is to be given to any person may be given either by delivering it to him or to his agent or by sending it to him by registered post or the recorded delivery service; but where after reasonable inquiry the sampling officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given, he may, in lieu of giving the part to that person, retain it.

PART II SPECIAL PROVISIONS AS TO SAMPLING OF MILK

11 Where a sample of milk is procured from a purveyor of milk, he shall, if required to do so by the person by whom or on whose behalf the sample was procured, state the name and address of the seller or consignor from whom he received the milk.

12 (1) Within 60 hours after the sample was procured from the purveyor, he may serve on the authority by whose officer it was procured, or, if it was not procured by an officer of any authority, on the food and drugs authority within whose area it was procured, a notice—

(a) stating the name and address of the seller or consignor from whom he received the milk and the time and place of delivery to himself of milk from a corresponding milking; and

(b) requesting the authority to take immediate steps to procure, as soon as practicable, a sample of milk from a corresponding milking in the course of transit or delivery to himself from the seller or consignor.

(2) If such a sample has been so procured since the sample in question was procured, or had been so procured within 24 hours prior to that sample being procured, it is not necessary for the authority to procure another sample in accordance with the notice.

(3) The purveyor has no right to require that such a sample shall be procured if the milk from which the sample procured from him was taken was a mixture of milk produced on more than one dairy farm.

13 If a purveyor has served on the authority such a notice as is mentioned above, and the authority have, in a case not falling within paragraph 12(2) or (3), omitted to procure a sample of milk from the seller or consignor in accordance with the foregoing provisions, no proceedings under this Act shall be taken against the purveyor in respect of the sample procured from him.

14 Any sample so procured in the course of transit or delivery shall be submitted for analysis to the analyst to whom the sample procured from the purveyor is or was submitted.

15 If proceedings are taken against the purveyor, a copy of the certificate of the result of the analysis of every sample so procured in the course of transit or delivery shall be given to him, and every such certificate and copy shall, subject to section 97, be admissible as evidence on any question whether the milk sold by the purveyor was sold in the same state as it was when he purchased it.

16 The authority by whose officer, or within whose area, the first mentioned sample was procured may, instead of, or in addition to, taking proceedings against the purveyor, take proceedings against the seller or consignor.

17 (1) If a sample of milk of cows in any dairy is procured in course of transit or delivery from that dairy, the dairyman may, within 60 hours after the sample was procured, serve on the authority by whose officer the sample was procured a notice requesting them to take immediate steps to procure as soon as practicable a sample of milk from a corresponding milking of the cows and, thereupon, paragraphs 12 to 15 .shall, so far as applicable, apply with any necessary modifications.

(2) The person procuring the sample shall be empowered to take any such steps at the dairy as may be necessary to satisfy him that the sample is a fair sample of the milk of the cows when properly and fully milked.