§ 242 — Power to test samples

242.—(1) This section applies where a food security officer, an authorised officer or a food inspector —(a)

takes any relevant material, or takes a sample of any relevant material or thing under section 241;

(b)

takes a sample from an animal under section 241; or

(c)

acquires any relevant material from a member of the general public who has complained about the relevant material in connection with any provision of this Act.

(2) A food security officer, an authorised officer or a food inspector may —(a)

test the sample or swab;

(b)

arrange for the testing of the sample or swab; or

(c)

require the person notified under section 241(3) with respect to the sample or swab to —(i)

arrange for the testing of the sample or swab; and

(ii)

provide the results to the food security officer, authorised officer or food inspector, as the case may be.

(3) The person notified under section 241(3) with respect to the sample or swab taken or acquired is not entitled to compensation for any damage or destruction resulting from the taking or testing of a sample or swab unless the damage or destruction is directly attributable to the negligence or default of a food security officer, an authorised officer or a food inspector.

—(1) This section applies where a food security officer, an authorised officer or a food inspector —(a)

takes any relevant material, or takes a sample of any relevant material or thing under section 241;

(b)

takes a sample from an animal under section 241; or

(c)

acquires any relevant material from a member of the general public who has complained about the relevant material in connection with any provision of this Act.

(2) A food security officer, an authorised officer or a food inspector may —(a)

test the sample or swab;

(b)

arrange for the testing of the sample or swab; or

(c)

require the person notified under section 241(3) with respect to the sample or swab to —(i)

arrange for the testing of the sample or swab; and

(ii)

provide the results to the food security officer, authorised officer or food inspector, as the case may be.

(3) The person notified under section 241(3) with respect to the sample or swab taken or acquired is not entitled to compensation for any damage or destruction resulting from the taking or testing of a sample or swab unless the damage or destruction is directly attributable to the negligence or default of a food security officer, an authorised officer or a food inspector.