Victorian Consolidated Legislation

Food Act 1984 - SECT 23

Procedures on taking samples

23. Procedures on taking samples



(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.

(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;

   (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

   (c)  deals with those parts in accordance with a prescribed food standard
        or subsection (2) or (3), as the case requires.

(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.