Food Act 2003

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.

An authorised officer who obtains a sample of food for the purposes of analysis must (unless subsection (3) applies) – divide the sample into 3 separate parts and mark and seal or fasten each part in such manner as its nature will permit; and 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 the employee or agent of that proprietor or other person; and submit one of the remaining parts for analysis; and retain the other remaining part for future comparison.

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 – so affect or impair the composition or quality of the sample as to render the separate parts unsuitable for accurate analysis; or result in the separate parts being of an insufficient size for accurate analysis; or 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 such manner as is appropriate in the circumstances.

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 – takes a number of those objects; and divides the number so taken into the requisite number of parts so that each part consists of one or more than one of the separate or severable objects; and deals with those parts in accordance with the preceding provisions of this section.