Regulation 90 Supplementary provisions relating to sampling and analysis, prosecutions, offences and defences

(1)

Any analysis required to be made by an analyst or, as the case may be, the Government Chemist or the Chief Agricultural Analyst, may be made by any person acting under his directions.

(2)

A certificate of analysis completed in accordance with these Regulations shall, in any legal proceedings, be received as evidence of the facts stated therein, if the party against whom it is to be given in evidence has been served with a copy of it not less than twenty-one days before the hearing, and has not, before the seventh day preceding the hearing, served on the other party a notice requiring the attendance of the person who made the analysis.

(3)

In any legal proceedings in Scotland, a certificate of analysis received in evidence by virtue of paragraph (2) or, where the attendance of the person who made the analysis is required under that paragraph, the evidence of that person, shall be sufficient evidence of the facts stated in the certificate.

(4)

Any document purporting to be a certificate of the kind referred to in paragraphs (2) and (3) shall be deemed to be such a certificate unless the contrary is proved.

(5)

Subject to paragraph (6), for the purposes of this Part of these Regulations, sections 80(1), 81 and 82 and 110 of the 1970 Act shall have effect, as if these Regulations were made under section 74A(4) of that Act.

(6)

For the purposes of paragraph (5)—

(a)

section 82(1) of the 1970 Act shall have effect as if, for the words “any of the following provisions of this Act, namely, sections 68 (1A), (4)(b) and (c), 69(4)(c), 70(2), 71(2)(b), 73, 73A and 74A” there were substituted the words “the Feedingstuffs (Zootechnical Products) Regulations 1999”, and

(b)

section 110(1) of the 1970 Act shall have effect as if, for the words “this Act or any order or scheme made thereunder” there were substituted the words “the Feedingstuffs (Zootechnical Products) Regulations 1999”.