Food Safety Authority of Ireland Act, 1998

Taking of samples.

51.—(1) For the purposes of food inspections to be carried out by or on behalf of the Authority, and without prejudice to the provision of any food legislation concerning the sampling and analysis of food, the Minister, following consultation with the Authority, may—

(a) make regulations—

(i) for the taking of samples of food or materials or articles used or intended for use in the preparation or manufacture of food (including packaging and machinery) or of articles which are by-products of the manufacture of food, and

(ii) to enable the carrying out of tests, examinations and analyses of such samples,

(b) following consultation with the Scientific Committee, prescribe—

(i) the certificate or other evidence to be given of the result of any test, examination or analysis carried out in accordance with such regulations, and

(ii) the persons or the classes of persons by and to whom such certificate or evidence is to be given.

(2) Any certificate or other evidence provided in accordance with regulations made under subsection (1) or with relevant food legislation shall be prima facie evidence in respect of the result of a test, examination or analysis of a sample, and such certificate or other evidence shall, as respects those samples, be accepted by all Courts of Justice as evidence of the result of such test, examination or analysis and that such test, examination or analysis was carried out under and in accordance with this Act or other food legislation until the contrary is shown.

(3) A person who obstructs a person authorised by the Authority to take samples under regulations made under subsection (1) shall be guilty of an offence and shall be liable to a fine not exceeding £1,500.