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FOOD ACT 2003 - SECT 129
Power of court to order further analysis
129 Power of court to order further analysis
(1) In any proceedings for an offence under this Act or the regulations, the
court may, if satisfied that-- (a) there is a disagreement between the
evidence of the analysts for the parties to the proceedings, and
(b) it is in
the interests of justice to do so,
order that the part or parts of any sample
retained under section 71 be sent by the enforcement agency concerned to an
analyst specified by the court or agreed to by the parties.
(2) An order may
be made under subsection (1) at the request of any party to the proceedings or
on the court's own motion.
(3) An analyst who is sent a part or parts of a
sample for analysis under this section is to make an analysis of that part or
those parts for the information of the court.
(4) Subject to section 131, the
cost of an analysis under this section is to be borne by the
enforcement agency concerned.
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