The Materials and Articles in Contact with Food (Wales) Regulations 2005

Analysis by Government Chemist

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

(a) any material or article which is the subject of the proceedings and which, if it has already been tested is capable of being further tested, or

(b) any food which has been in contact with any such material or article,

to be sent to the Government Chemist who shall carry out such testing as is appropriate and transmit to the court a certificate of the result, and the costs of the testing 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), the provisions of that paragraph shall apply in relation to the court by which the appeal is heard.

(3) Any certificate of the results of testing transmitted by the Government Chemist under this regulation shall be signed by or on behalf of the Government Chemist, but the testing may be carried out by any person under the direction of the person who signs the certificate.

(4) Any certificate transmitted by the Government Chemist in accordance with paragraph (3) shall be taken as evidence of the facts stated therein unless any party to the proceedings requests that the person by whom the certificate is signed be called as a witness.

(5) In this regulation the term “testing” includes examination and analysis, and “tested” shall be construed accordingly.