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FOOD ACT 2003 - SECT 128
Certificate evidence and evidence of analysts
128 Certificate evidence and evidence of analysts
(1) A certificate of the result of an analysis obtained by the defendant or
the prosecution in proceedings for an offence under this Act or the
regulations is admissible in any such proceedings and evidence of the facts
stated in it if-- (a) the certificate was issued in accordance with
section 74, and
(b) a copy of the certificate is served by the person who
obtained it on the other party to the proceedings at least 7 days before the
hearing.
(2) An analyst who carried out an analysis in relation to which a
certificate is produced as evidence in proceedings as referred to in
subsection (1) need not be called as a witness in the proceedings by the party
producing the certificate unless the court hearing the proceedings so orders
(whether on application made to it or by any other means).
(4) In any
proceedings for an offence under this Act or the regulations-- (a) a document
purporting to be a copy of any registration, approval, order, notice or
authority under this Act is evidence of that registration, approval, order,
notice or authority, or
(b) a document purporting to be signed by the
Food Authority certifying that at a specified time or during a specified
period-- (i) there was or was not in force any registration, approval, order,
notice or authority in relation to a specified person or persons, or
(ii)
that a registration, approval, order, notice or authority was or was not
subject to specified conditions,
is evidence of the matters contained in the
document, or
(c) a document purporting to be signed by the Food Authority
certifying-- (i) as to the receipt or otherwise of any notice, application or
payment, or
(ii) that any amount of fees or other money is payable under this
Act by a specified person and has not been paid at the date of the
certificate,
is evidence of the matters contained in the document.
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