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DANGEROUS SUBSTANCES ACT 2004 - SECT 138

Procedures for dividing samples

    (1)     This section applies to a sample of a substance being taken by an inspector for analysis and is subject to section 139.

    (2)     The inspector must—

        (a)     divide the sample into 3 separate parts, and mark and seal or fasten each part; and

        (b)     leave 1 part with the person told under section 135 (Person in charge etc to be told sample to be analysed) of the inspector's intention to have the sample analysed; and

        (c)     keep 1 of the parts for analysis; and

        (d)     keep 1 part for future comparison with the other parts of the sample.

    (3)     If a sample of a substance taken by an inspector is in the form of separate or severable objects, the inspector—

        (a)     may take a number of the objects; and

        (b)     if the inspector takes a number of the objects, must—

              (i)     divide them into 3 parts each consisting of 1 or more of the objects, or of the severable parts of the objects, and mark and either seal or fasten each part; and

              (ii)     deal with the sample under subsection (2) (b) to (d).



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