FOOD ACT 2008 - SECT 133
FOOD ACT 2008 - SECT 133
133 . Certificate evidence and evidence of analysts
(1) A certificate of
the result of an analysis obtained by the accused person or the prosecution in
proceedings for an offence under this Act is admissible in any such
proceedings and evidence of the facts stated in it if —
(a) the
certificate was issued in accordance with section 81; and
(b) a
copy of the certificate is served by the person who obtained it on the other
party to the proceedings at least 7 days before the hearing.
(2) An analyst who
carried out an analysis in relation to which a certificate is produced as
evidence in proceedings as referred to in subsection (1) need not be called as
a witness in the proceedings by the party producing the certificate unless the
court hearing the proceedings so orders (whether on application made to it or
otherwise).
(3) In any proceedings
for an offence under this Act, the prosecution cannot rely on an analysis as
evidence for the purposes of those proceedings unless the person who carried
out the analysis —
(a) is
employed or engaged by an approved laboratory; or
(b) is
an approved analyst; or
(c) was
acting under the supervision of an approved analyst.