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

Procedure relating to samples for analysis

30.—(1) Where in accordance with regulation 24(6) an authorised officer obtains a sample and decides to have it analysed for the purpose of ascertaining whether there is or has been any contravention of specified feed law, that officer must divide the sample into 3 parts of as near as may be equal size and–

(a) cause each part to be marked, sealed and fastened in the prescribed manner;

(b) send 1 part for analysis–

(i) to the agricultural analyst for the area of the enforcement authority by which the authorised officer is authorised; or

(ii) where the purpose of the analysis is to determine the levels of dioxins or dioxin-like PCBs in the sample, to a point 4 compliant laboratory;

(c) send another part to the person on whose premises the material was sampled or to that person's agent; and

(d) retain and preserve the remaining part as an officially sealed reference sample.

(2) If the person who manufactured any material sampled under these Regulations is not a person to whom part of the sample should be sent under paragraph (1), that paragraph shall have effect as if for the reference to 3 parts there were substituted a reference to 4 parts, and the authorised officer must within 14 days of the date of sampling send the fourth part to the manufacturer, unless the officer does not know and is unable to ascertain after making reasonable enquiries the identity of the manufacturer or the manufacturer's address in the United Kingdom.

(3) The part of the sample sent to the agricultural analyst or as the case may be to the point 4 compliant laboratory must be accompanied by a statement signed by the authorised officer confirming that the sample was taken in the manner prescribed by Part II of Schedule 1 to the Feeding Stuffs (Sampling and Analysis) Regulations 1999.

(4) The agricultural analyst or as the case may be the point 4 compliant laboratory shall analyse the part of the sample received under paragraph (1), and send a certificate of analysis to the authorised officer, who must send a copy to–

(a) the person on whose premises the material was sampled or that person's agent, and

(b) if a part of the sample was sent to the manufacturer under paragraph (2), to the person to whom that part was sent.

(5) If the agricultural analyst to whom the sample was sent under paragraph (1)(b)(i) determines that an effective analysis of the sample cannot be performed by that analyst or under that analyst's direction that analyst shall send it to the agricultural analyst for another area, together with any documents received with the sample, and paragraph (4) shall then apply as if the sample had originally been sent to that other analyst.