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Food Act 1984

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This is the original version (as it was originally enacted).

Part IMANNER IN WHICH SAMPLES TAKEN OR PURCHASED FOR ANALYSIS ARE TO BE DEALT WITH

1The 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.

3If 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.

5If—

(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.

6If—

(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.

7If 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.

8In 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.

9Of 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.

10Any 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.

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