C7C8C150C152C167 Part III ADMINISTRATION AND ENFORCEMENT

Annotations:
Modifications etc. (not altering text)
C7

Pts. I-III (ss. 1-39): functions transferred (10.1.1992) by S.I. 1991/2913, art. 8, Sch. 2

Pts. I-III (ss. 1-39): certain functions transferred (7.8.1991) by S.I. 1991/1773, art. 8(1)(3), Sch. 2

C8

Pts. I-III (ss. 1-39) applied (with modifications) (7.8.1991) by S.I. 1991/1773, art. 8(2)(3), Sch. 2

C167

Pt. III applied (with modifications) (E.) (24.3.2011) by The Hull and Goole Port Health Authority Order 2011 (S.I. 2011/939), arts. 1(1), 9, Sch. 2

Sampling and analysis etc.

C1C2C3C4C19C23C26C27C37C39C66C65C67C88C145C142C14630C150C152 Analysis etc. of samples.

1

An authorised officer of an enforcement authority who has procured a sample under section 29 above shall—

a

if he considers that the sample should be analysed, submit it to be analysed either—

i

by the public analyst for the area in which the sample was procured; or

ii

by the public analyst for the area which consists of or includes the area of the authority;

b

if he considers that the sample should be examined, submit it to be examined by a food examiner.

2

A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it—

a

to be analysed by the public analyst for the area in which the purchase was made; or

b

to be examined by a food examiner.

3

If, in any case where a sample is proposed to be submitted for analysis under this section, the office of public analyst for the area in question is vacant, the sample shall be submitted to the public analyst for some other area.

4

If, in any case where a sample is proposed to be or is submitted for analysis or examination under this section, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.

5

A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this section, but may, except where—

a

he is the public analyst for the area in question; and

b

the sample is submitted to him for analysis by an authorised officer of an enforcement authority,

demand in advance the payment of such reasonable fee as he may require.

6

A food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.

7

Any certificate given by a food analyst or examiner under subsection (6) above shall be signed by him, but the analysis or examination may be made by any person acting under his direction.

C5C6C10C9C12C11C13C14C16C15C17C18C20C22C21C24C25C30C29C32C28C31C33C34C35C36C38C40C41C42C43C44C45C46C47C48C49C50C51C55C53C56C54C52C58C59C60C61C63C62C64C68C69C70C71C73C74C72C76C77C75C78C79C80C82C81C83C84C85C86C89C90C87C96C95C94C91C93C92C97C98C99C100C101C102C103C104C105C106C108C107C109C111C110C112C113C114C116C115C117C118C119C121C122C120C125C126C123C124C127C130C129C128C131C134C133C132C136C137C135C138C139C141C140C147C148C144C143C149C153C154C151C155C156C159C160C161C158C157C162C164C163C165C166C168C170C169C171C172C1738

In any proceedings under this Act, the production by one of the parties—

a

of a document purporting to be a certificate given by a food analyst or examiner under subsection (6) above; or

b

of a document supplied to him by the other party as being a copy of such a certificate,

shall be sufficient evidence of the facts stated in it unless, in a case falling within paragraph (a) above, the other party requires that the food analyst or examiner shall be called as a witness.

C579

In this section—

  • “food analyst” means a public analyst or any other person who possesses the requisite qualifications to carry out analyses for the purposes of this Act;

  • “food examiner” means any person who possesses the requisite qualifications to carry out examinations for the purposes of this Act;

  • “the requisite qualifications” means such qualifications as may be prescribed by regulations made by F1the Secretary of State, or such other qualifications as F1the Secretary of State may approve;

  • “sample”, in relation to an authorised officer of an enforcement authority, includes any part of a sample retained by him in pursuance of regulations under section 31 below;

and where two or more public analysts are appointed for any area, any reference in this section to the public analyst for that area shall be construed as a reference to either or any of them.