Agricultuke.
288 Sect. 11.
Sale and Adulteration.
Duty
of
agricultural analyst as to certifying.
633. If the sample submitted to an agricultural analyst is not divided into three parts marked, sealed, and fastened up, the agricultural analyst should send a copy of the certificate of his analysis to the person submitting the sample (z). If, however, the sample has been so divided into parts, the agricultural analyst must analyse one of the parts of the sample delivered or sent to him and retain the other, and send a certificate of his analysis in the prescribed form, and containing the prescribed particulars, to the person who submitted the sample for analysis, and, where that person is not the purchaser of the article, also to the and he must report to purchaser, and in every case to the seller the Board of Agriculture and Fisheries in the prescribed manner the result of any such analysis. If, however, the agricultural analyst does not know the name and address of the seller, he must send the certificate intended for the seller to the purchaser, to be forwarded by him to the seller (a).
Certificate of chief or agricultural analyst to be evidence of the facts therein stated.
634. At the hearing of any civil or criminal proceeding with respect to any article a sample whereof has been analysed as above provided, the production of a certificate of the agricultural analyst, or, if a sample has been submitted to the chief analyst, of the chief analyst, is sufiicient evidence of the facts therein stated unless the defendant or person charged requires that the analyst or the person who made the analysis be called as a witness. This provision does not, however, apply (a) where the sample has been taken otherwise than in the prescribed manner or (b) where the sample has not been divided into parts and the parts marked, sealed, and fastened up as above mentioned (h). If in any such legal proceeding (other than a proceeding which cannot be instituted until an analysis has been made and a certificate given by the chief analyst (c)) either party to the proceeding objects to the certificate of the agricultural analyst, the party objecting is entitled, on payment of such fee as may be fixed by the Treasury, to have submitted to the chief analyst the part of the sample retained by the agricultural analyst, and to have that part analysed by the chief analyst, and to receive from liim a certificate of the result of his analysis (d),
—
Analysis by chief analyst.
Invoice to be sent to analyst with sample.
635. Where a sample or part of a sample is sent for analysis an agricultural analyst, there must be sent therewith the invoice (if any) relating to the article from which the sample was taken, or a copy thereof but there may be omitted from such copy the name and address of, and any other matter which would identify or disclose, the seller of the article to which the invoice relates {e). The manner in which a sample must be taken is prescribed (/). to the chief or
Mode
of
taking sample.
Fertilisers and Feeding Stuffs Act, 1906 (6 Edw. 7, c. 27), s. 3 (4) (a). For the prescribed form of certificate and prescribed s. 3 (4) (b). particulars, see Fertilisers and Feeding Stuffs (Ueneral) Eegulations, 1906. (b) Fertilisers and Feeding Stuffs Act, 1906 (6 Edw. 7, c 27), s. 3 (5). (c) As to which see pp. 290, 291, post. (^d) Fertilisefs and Feeding Stuffs Act, 1906 (6 Edw. 7, c. 27), s. 3 (6). (ft) Ibid., s. 3(7), as controlled by the Fertilisers and Feeding Stuffs (Sampling (z)
(a) Ibid.,
etc.)
Eegulations, 1906, paras.
f) Fertilisers
and Feeding
4, 5.
Stuffs (Sampling etc.) Eegulations, 1906, para. 6.
