FOOD ACT 2008 - SECT 78
FOOD ACT 2008 - SECT 78
78 . Procedures to be followed
(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) Subject to
subsections (3) and (4), an authorised officer who obtains a sample of food
for the purposes of analysis must —
(a)
divide the sample into 3 separate parts and mark and seal or fasten each part
in the manner that 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 an 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 the manner that 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 required 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 this section.