Dairy Produce Act, 1924

Analysis of samples.

44.—(1) Where any person who has taken a sample of any milk, cream, or other material under a power in that behalf conferred on him by this Act, requires such sample to be analysed with a view to a prosecution for an offence under any section of this Act the following provisions shall apply and be observed, that is to say:—

(a) the analysis shall be made by or under the direction of the Analyst appointed by the Minister under this section;

(b) the person by whom the sample was taken shall divide the sample into three parts and shall cause each such part to be marked, sealed, and fastened up, and shall deliver or send by post two of such parts to the said Analyst and shall deliver or send by post the other such part to the person against whom the prosecution is proposed to be brought or, if such person is not then known, to the owner or the consignor of the milk, cream, or other material from which the sample was taken;

(c) upon receipt of parts of a sample sent to him for analysis under this section the said Analyst shall make or cause to be made under his direction an analysis of one of the parts of such sample so sent to him, and shall retain the other part;

(d) the said Analyst shall send to the Minister duplicate certificates in the prescribed form of the result of every analysis made by him or under his direction pursuant to this section;

(e) before instituting any prosecution against any person in respect of any milk, cream, or other material of which a sample shall have been analysed under this section, the Minister shall deliver or send by post to the person against whom the prosecution is proposed to be brought one of the duplicate certificates aforesaid;

(f) at the hearing of any prosecution for an offence under any section of this Act in respect of any milk, cream, or other material of which a sample shall have been analysed under this section the production of a document purporting to be one of the duplicate certificates aforesaid shall be prima facie evidence of the matters stated in such certificate;

(g) if the prosecutor or the defendant in any such prosecution as aforesaid is dissatisfied with the certificate of the said Analyst, such party shall upon payment of the prescribed fee be entitled to have the part of the sample retained by the said Analyst as aforesaid analysed by the principal chemist of the State Laboratories and to obtain from such principal chemist a certificate of the result of such analysis.

(2) The Minister may appoint a fit person to be the Analyst for the purposes of this section and may, subject to the sanction of the Minister for Finance, prescribe the terms and conditions of his appointment to and tenure of that office.

(3) The said Analyst shall receive such remuneration as shall be determined by the Minister for Finance.