Regulation 17 Treatment of samples

In any proceedings for an offence under these Regulations (including an application to a sheriff under regulation 18(1)(b)) to which the content of a fertiliser is relevant–

(a)

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

(i)

has been taken in accordance with Annex IV (methods of sampling and analysis); and

(ii)

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

(b)

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

(c)

a certificate given by an operator of a laboratory that the laboratory is approved for the purposes set out in Article 30(1) and that a sample was analysed in accordance with Annex IV shall, unless the contrary is proved, be evidence of the laboratory being so approved and the analysis having been so carried out; and

(d)

the combination of the certificates referred to in paragraphs (b) and (c) shall, unless the contrary is proved, be taken as evidence that a 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 Pesticides (EU Exit) (Scotland) (Miscellaneous Amendments etc.) Regulations 2019 (S.S.I. 2019/25), regs. 1, 2(8); 2020 c. 1, Sch. 5 para. 1(1)