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The Organic Products (Wales) Regulations 2002

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This is the original version (as it was originally made).

Analysis by Government Chemist

9.—(1) The court before which any proceedings are taken under these Regulations, may, if it thinks fit for the purposes of the proceedings, cause any product which—

(a)is the subject of the proceedings, and

(b)if it has already been analysed, examined or tested, is capable of being further analysed, examined or tested,

to be sent to the Government Chemist, who shall make such analysis, examination or test as is appropriate and transmit to the court a certificate of the result thereof; and the costs of the analysis, examination or test shall be paid by the prosecutor or the person charged, as the court may order.

(2) If, in a case where an appeal is brought, no action has been taken under paragraph (1) above, the provisions thereof shall apply also in relation to the court by which the appeal is heard.

(3) Any certificate of the results of an analysis, examination or test transmitted by the Government Chemist under this regulation shall by signed by or on behalf of the Government Chemist, but the analysis, examination or test may be made by any person under the direction of the person by whom the certificate is signed; and any certificate so transmitted by the Government Chemist shall be evidence of the facts stated therein unless any party to the proceedings requires that the person by whom it is signed shall be called as a witness.

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