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Contents (2003 - 43)
Food Act 2003 No 43
Current version for 7 July 2017 to date (accessed 20 October 2017 at 07:14)
Part 6 Division 1
Division 1 Taking of samples
66A   Application of Division
This Division applies only to the taking of samples by an authorised officer in the exercise of powers under Part 4.
67   Proprietor to be informed
Whenever an authorised officer obtains a sample of food for the purposes of analysis, an authorised officer must, either before or as soon as practicable after obtaining the sample, inform:
(a)  the proprietor of the food business from which the sample is to be taken or was taken, or
(b)  if the proprietor is not present or readily available, the person from whom the sample was obtained or who was in charge of the food from which the sample was taken,
of the authorised officer’s intention to have the sample analysed.
68   Payment for sample
An authorised officer when obtaining a sample of food must pay, or tender payment of:
(a)  the amount prescribed by the regulations as the amount payable for the sample concerned, or
(b)  if no such amount is prescribed by the regulations, an amount equal to the current market value of the sample,
to the person from whom the sample is obtained.
69   Samples from vending machines
Sections 67 and 68 do not apply to the obtaining of a sample by an authorised officer from a vending machine if the authorised officer obtains the sample by making proper payment for it and the authorised officer cannot identify anyone who at the time appears to be in charge of the machine.
70   Packaged food
An authorised officer who takes a sample of food for the purposes of this Act that is contained in a closed package intended for retail sale must take the whole of the package unless the package contains two or more smaller packages of the same food.
71   Procedure to be followed
(1)  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.
(2)  An authorised officer who obtains a sample of food for the purposes of analysis must (unless subsection (3) applies):
(a)  divide the sample into 3 separate parts and mark and seal or fasten each part in such manner as its nature will permit, and
(b)  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
(c)  submit one of the remaining parts for analysis, and
(d)  retain the other remaining part for future comparison.
(3)  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:
(a)  so affect or impair the composition or quality of the sample as to render the separate parts unsuitable for accurate analysis, or
(b)  result in the separate parts being of an insufficient size for accurate analysis, or
(c)  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.
(4)  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:
(a)  takes a number of those objects, and
(b)  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
(c)  deals with those parts in accordance with the preceding provisions of this section.
72   Samples to be submitted for analysis
An authorised officer must submit any sample obtained in accordance with this Division for analysis under Division 2 unless no longer of the opinion that the sample ought to be analysed.