76Procedures for dividing food samples

76 Procedures for dividing food samples (1) This section applies to a sample of food taken by an authorised officer for analysis except to the extent that the food standards code otherwise provides. (2) An authorised officer who takes a sample of food for analysis must, unless subsection (3) or (4) apply in relation to the sample— (a) divide the sample into 3 separate parts, and mark and seal or fasten each part in a way that its nature allows; and (b) leave 1 part with the person told under section 73 (2) (Other samples—proprietor to be told sample to be analysed) of the authorised officer’s intention to have the sample analysed; and (c) keep 1 of the remaining parts for analysis; and (d) keep the remaining part for future comparison with the other parts of the sample.

(3) If a sample of food taken by an authorised officer is in the form of separate or severable objects, the authorised officer— (a) may take a number of the objects; and (b) if the authorised officer takes a number of the objects, must— (i) divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and (ii) deal with the sample under subsection (2) (b) to (d). (4) The authorised officer may comply with subsection (5) if the division of a sample of food into 3 separate parts would, in the authorised officer’s opinion— (a) so affect or impair the composition or quality of the sample as to make the separate parts unsuitable for accurate analysis; or (b) result in the separate parts being of an insufficient size for accurate analysis; or (c) otherwise make the sample unsuitable for analysis (including a method of analysis prescribed by regulation in relation to the food from which the sample was taken). (5) If subsection (4) applies in relation to a sample of food, the authorised officer may take as many samples as the authorised officer considers necessary to allow an accurate analysis to be made and may deal with the sample or samples in any way that is appropriate in the circumstances.

Taking and analysis of food samples Part 6