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The Feed (Hygiene and Enforcement) (Wales) Regulations 2005

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Secondary sampling by the Government Chemist

31.  (1)  Where a part of a sample sent under regulation 30(1)(b) has been analysed and—

(a)proceedings are intended to be or have been commenced against a person for an offence under specified feed law; and

(b)the prosecution intends to adduce evidence of the result of that part of the sample,

paragraphs (2) to (6) will apply.

(2) The authorised officer—

(a)may of his or her own volition;

(b)must if requested by the prosecutor (if a person other than the authorised officer); or

(c)must (subject to paragraph (5)) if requested by the defendant,

send the retained part of the sample to the Government Chemist for analysis.

(3) the Government Chemist must analyse in the prescribed manner the part of the sample sent to him or her under paragraph (2) and send to the authorised officer a certificate of the analysis which must be—

(a)completed in the form set out in Part I of Schedule 3 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999 and in accordance with the notes set out in Part II of Schedule 3 to those Regulations; and

(b)signed by the Government Chemist or by a person authorised by the Government Chemist to sign.

(4) The authorised officer must immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist’s certificate of analysis

(5) Where a request is made under paragraph (2)(c), the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3), and if the specified fee does not exceed either—

(a)the cost of performing those functions; or

(b)the appropriate fee for the performance of any similar function under section 78 of the Act,

the authorised officer may in the absence of agreement by the defendant to pay the fee refuse to comply with the request made under paragraph (2)(c).

(6) In this regulation—

(a)“defendant” (“diffynnydd”) includes a prospective defendant; and

(b)“the appropriate fee” (“y ffi biodol”) means such fee as may be fixed in accordance with the provisions of section 78(10) of the Act.

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