Food sampling by authorised officers
(for England, Wales and Northern Ireland)
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Local authorities are required to enforce the provisions of the Food Safety Act 1990 and Regulations made under the Act. Enforcement action for incorrect descriptions can only result from formal samples of foodstuffs (including drink). Formal samples may be taken for various reasons such as an investigation of a complaint, part of a routine inspection, and/or a trade audit.
There are specific procedures laid down for taking a formal sample, but most will generally consist of either one sample split into three identical parts, or three samples taken from an available batch. One sample will be kept by the person in charge where the sample was taken, one will be submitted to the public analyst for testing, and one will be stored safely as a reference sample in the event of a dispute.
If a sample is shown to be incorrect, there are five possible courses of action which can be taken. These are a verbal warning, a departmental letter of caution, a formal caution, prosecution, or civil enforcement (undertaking/injunction).
