Regulation 17 Treatment of samples

England and Wales

In any proceedings for an offence under these Regulations in relation to which the content of a fertiliser is relevant—

(a)

a court shall not conclude that a sample is representative of the fertiliser unless—

(i)

the sample has been taken in accordance with Annex IV; and

(ii)

it has been subjected to analysis in accordance with Annex IV in a laboratory listed in accordance with F1... Article 30 (laboratories);

(b)

a certificate given by a person that he is an inspector and took the sample in accordance with Annex IV shall, unless the contrary is proved, be taken as evidence of his being one and having done so;

(c)

a certificate given on behalf of a laboratory that it is authorised under Article F230 and that it analysed the sample in question in accordance with Annex IV shall, unless the contrary is proved, be evidence of it being so authorised and having done so; and

(d)

the combination of those certificates shall, unless the contrary is proved, be taken as evidence that the sample is representative of the fertiliser.

Annotations

Textual amendments

F1: Words in reg. 17(a)(ii) omitted (31.12.2020) by virtue of The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 10(7); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 17(c) substituted (15.3.2019) by The Fertilisers and Ammonium Nitrate Material (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/601), regs. 1(2), 4(5)