104Sample-taking procedure

104 Sample-taking procedure (1) An authorised person may take a sample from premises or a vehicle under this part only if— (a) it is safe to take the sample; and (b) the taking of the sample will not result in a dangerous situation. (2) Unless it is not safe to do so, the authorised person must, immediately after taking a sample of a substance, divide the sample into the following parts: (a) 1 part that is to be kept for future comparison; (b) 1 part that is to be given to the person from whom the sample is taken; (c) if the person intends to have the sample tested or analysed— 1 part for the testing or analysis. (3) Immediately after dividing the sample, the authorised person must— (a) put each part of the sample in packaging in a way that prevents the contamination of the part; and (b) mark or label the packaging in a way that allows the part to be identified; and (c) give 1 of the parts to the person from whom the sample is taken. (4) If an authorised person intends to take a sample of any packaging from premises or a vehicle, before removing the packaging from the premises or vehicle, the person must give a written receipt that identifies the sample to the person from whom the sample is taken.

(5) If an authorised person finds many packages at premises or in a vehicle, and the packages appear to be identical, the person may take 1 or more of the packages as samples. (6) Immediately after taking the sample packages, the authorised person must— (a) put each package in packaging in a way that prevents contamination of the package; and (b) mark or label the packaging in a way that allows the package to be identified; and (c) give 1 of the packages to the person from whom the sample is taken. (7) If a person who is offered part of a sample under subsection (3) (c), or a sample package under subsection (6) (c), refuses to accept it, the authorised person must keep the part or package. (8) The authorised person must give the part or package to the person to whom it is offered if the person later asks the person for it. (9) In this section: person from whom the sample is taken means— (a) if the sample is taken from premises—the occupier of the premises; or (b) if the sample is taken from a vehicle—the driver of the vehicle, or the person apparently in charge of the vehicle.