(1) For the purposes of subsection 14(3) of the Act, the circumstances are that subsection 26(2) of this instrument applies.
(2) For the purposes of paragraph 16(2)(b) of the Act, if:
(a) details of lots are provided for a batch of food; and
(b) 2 or more lots of food from the batch are taken to be failing food under subsection 26(2) of this instrument; and
(c) the owner of the food presents some or all of those lots for inspection, or inspection and analysis, within a reasonable period after they were taken to be failing food;
then samples of those lots may be taken at a rate that is higher than the rate set out in section 23 of this instrument.