(1) This section applies to the taking of samples for the purposes of this Act
except to the extent that the Food Standards Code otherwise provides.
(2) An
authorised officer who obtains a sample of food for the purposes of analysis
must (unless subsection (3) applies)--
(a) divide the sample into 3 separate
parts and mark and seal or fasten each part in such manner as its nature will
permit, and
(b) leave one part with the proprietor of the food business or
any other person from whom the sample was obtained or a person appearing to be
the employee or agent of that proprietor or other person, and
(c) submit one
of the remaining parts for analysis, and
(d) retain the other remaining part
for future comparison.
(3) If the division of a sample for analysis into 3
separate parts in accordance with subsection (2) would in the opinion of the
authorised officer--
(a) so affect or impair the composition or quality of the
sample as to render the separate parts unsuitable for accurate analysis, or
(b) result in the separate parts being of an insufficient size for accurate
analysis, or
(c) render the sample in any other way unsuitable for analysis,
including a method of analysis prescribed by the regulations in relation to
the food from which the sample was taken,
the authorised officer may take, in
accordance with this section, as many samples as the authorised officer
considers necessary to enable an accurate analysis to be carried out and may
deal with the sample or samples in such manner as is appropriate in the
circumstances.
(4) If a sample of food is taken by an authorised officer in
the form of separate or severable objects, it is not necessary, in dividing
that sample into parts in accordance with this section, to divide any one of
those objects, and it is sufficient compliance with this section if the
authorised officer--
(a) takes a number of those objects, and
(b) divides the
number so taken into the requisite number of parts so that each part consists
of one or more than one of the separate or severable objects, and
(c) deals
with those parts in accordance with the preceding provisions of this section.