Regulation 13 Analysis etc. of samplesI1

An authorised officer who has procured a sample under regulation 12 shall—

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—

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

If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, 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.

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

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

Any 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.

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

In any proceedings under these Regulations, the production by one of the parties—

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

Where two or more public analysts are appointed for any district, any reference in this regulation to the public analyst for that district shall be construed as a reference to either or any of them.

F1The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 shall apply in relation to a sample procured by an authorised officer of a district council under regulation 12 as if it were a sample procured by an authorised officer under Article 29 of the Order.

The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to F2the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013.