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FOOD AND DRUGS ACT (NORTHERN IRELAND) 1958 - SECT 35

Disposal of samples taken for analysis.

35.(1) A sampling officer who procures a sample of any food ... or substance
for the purpose of analysis by a public analyst shall forthwith divide it into
three parts, each part to be marked and sealed or fastened up in such manner
as its nature will permit, and shall deal with the parts in accordance with
the following provisions of this section.

(2) Subject to the provisions of this section, the sampling officer shall
dispose of one part of the sample as follows, that is to say

(a)where the sample was purchased by the sampling officer, he shall give the
part to the vendor;

(b)where the sample was of goods consigned from outside Northern Ireland and
was taken by the sampling officer before delivery to the consignee, he shall
give the part to the consignee;

(c)where the sample was taken by the sampling officer with the consent of a
purchaser by retail, not being a sample taken as mentioned in the preceding
paragraph, he shall give the part to the vendor;

(d)where the sample was of milk taken by the sampling officer otherwise than
as mentioned in the preceding paragraphs, he shall give the part to the person
who caused the milk to be placed in the container from which the sample was
taken;

(e)where the sample was taken in transit by the sampling officer, otherwise
than as mentioned in the preceding paragraphs, he shall give the part to the
consignor;

(f)where the preceding paragraphs do not apply, the sampling officer shall
give the part to the person appearing to be the owner of the food, drug or
substance;

(3) Of the remaining parts of the sample, the sampling officer shall, unless
he decides not to have an analysis made, submit one for analysis in accordance
with section thirty-four, and retain the other for future comparison.

(4) If it appears to a sampling officer that any food... or substance of which
he has procured a sample for the purpose of analysis by a public analyst was
manufactured or put into its wrapper or container by a person (not being a
person to whom one part of the sample is required to be given under this
section) having his name and an address in the United Kingdom displayed on the
wrapper or container, the officer shall, unless he decides not to have an
analysis made, within three days of procuring the sample send to that person a
notice informing him that the sample has been procured by the officer and
where the sample was taken or, as the case may be, from whom it was purchased.

(5) In relation to a sample purchased from an automatic machine, paragraph (a)
of sub-section (2) shall have effect as if for the reference to the vendor
there were substituted a reference

(a)if the name and address (being an address in Northern Ireland) of a person
stated to be the proprietor of the machine appears on that machine, to that
person;

(b)in any other case, to the occupier of the premises on which the machine
stands or to which it is affixed.

(6) Any part of a sample which under this section is to be given to any person
may be given either by delivering it to him or to his agent or by sending it
to him by post in a registered packet.

(7) The provisions of sub-sections (1), (2), (3), (5) and (6) shall apply to
the purchase of samples by any person who is neither a sampling officer nor a
person having the powers of a sampling officer as they apply in relation to
the purchase of samples by a sampling officer; and references to a
sampling officer shall be construed accordingly.

© 1958 Crown Copyright

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