FOOD ACT 1984 - SECT 23 Procedures on taking samples
FOOD ACT 1984 - SECT 23
Procedures on taking samplesS. 23(1) amended by No. 95/1986 s. 9(1).
(1) Where an authorized officer obtains a sample of any food with the intention that it be submitted for analysis, he shall, before or as soon as practicable after obtaining the sample, inform the person from whom the sample was obtained or the person having charge of that food of his intention to have the sample analysed.
S. 23(2) amended by No. 42/1993 s. 64(c).
(2) If a prescribed food standard does not otherwise prescribe in relation to the class or description of food concerned or the analysis proposed to be carried out and an authorized officer obtains a sample of any food with the intention that the sample be submitted for analysis, he shall—
(a) subject to subsection (3), divide the sample into three separate parts and mark and seal or fasten each part in such manner as its nature will permit;
S. 23(2)(b) amended by No. 95/1986 s. 9(2).
(b) leave one part with the person from whom the sample was obtained or a person appearing to be the servant or agent of that person;
(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 into three separate parts in accordance with paragraph (a) of subsection (2) would in the opinion of the authorized officer—
(a) so affect or impair the composition or quality of the sample as to render the separate parts unsuitable for accurate analysis;
(b) furnish parts insufficient for accurate analysis; or
(c) render the sample in any other way unsuitable for analysis including a method of analysis prescribed in relation to the food from which the sample was taken—
the authorized officer shall deal with the sample in such manner as is appropriate in the circumstances having regard to this Act.
(4) Where a sample of any food is obtained by an authorized officer in the form of separate or severable objects it shall not be necessary for him in dividing that sample into parts in accordance with this section to divide any one of those objects and it shall be sufficient compliance with this section if he—
(a) obtains a number of those objects;
(b) divides the number so obtained into the requisite number of parts so that each part consists of one or more than one of such separate or severable objects; and
S. 23(4)(c) amended by No. 42/1993 s. 64(d).
(c) deals with those parts in accordance with a prescribed food standard or subsection (2) or (3), as the case requires.
S. 23(5) amended by No. 95/1986 s. 9(3).
(5) An authorized officer shall be deemed to have complied with the provisions of this section notwithstanding the failure by a person specified in subsection (2)(b) to accept any part or parts required to be delivered to him in accordance with this section.