# The EC Fertilisers (Scotland) Regulations 2006, 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 ...;
(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.

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Source: https://www.legislation.gov.uk/ssi/2006/543/regulation/17 (the official version)
Page: https://openlegislation.uk/ec-fertilisers-scotland-regulations-2006/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.