Food Act 2004
120Certificate evidence of results of analysis and evidence of
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120 Certificate evidence of results of analysis and evidence of analysts (1) A certificate of the result of an analysis relating to an offence against this Act or the Regulations obtained by a party to proceedings for the offence is: (a) admissible in the proceedings or any other proceedings relating to the offence; and (b) evidence of the facts stated in it if: (i) it was issued under section 93(2); and (ii) a copy of it is served by the party who obtained it on the other parties to the proceedings at least 7 days before the hearing of the proceedings. (2) The party who produces a certificate referred to in subsection (1) is not required to call the analyst who carried out the analysis the subject of the certificate as a witness in the proceedings unless the court hearing the proceedings orders otherwise (whether on application or by any other means). (3) In proceedings for an offence against this Act or the Regulations, the prosecution cannot rely on an analysis as evidence unless the person who carried out the analysis: (a) is an approved analyst; or (b) was acting under the supervision of an approved analyst.