Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

Evidence on certificate, etc.

47. (1) In proceedings for an offence under this Part, a certificate purporting to be signed by a person employed at a laboratory named in the certificate stating the capacity in which that person is so employed and stating one or more of the following, namely—

(a) that the person received a sample submitted to the laboratory,

(b) that, for a period as is specified in the certificate, the person had in his or her custody a sample so submitted,

(c) that the person gave to such other person as is specified in the certificate a sample so submitted,

(d) that the person carried out a laboratory examination for the purpose of detecting the presence, in a sample so submitted, of a substance, ingredient for a veterinary medicinal product or medicated feed or intermediate product or a veterinary medicinal product or medicated feed or intermediate product, or

(e) that a particular substance, ingredient for a veterinary medicinal product or medicated feed or intermediate product or a veterinary medicinal product or medicated feed or intermediate product was present in the sample,

is, unless the contrary is shown, evidence of the matters stated in the certificate.

(2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period—

(a) a particular person did not hold a licence granted under regulations made under this Part,

(b) such a licence is suspended or has been revoked, or

(c) such a licence was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

(3) In proceedings for an offence under this Part, the court may, if it considers that the interests of justice so require, direct that oral evidence of any matter stated in a certificate under subsection (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.