Sri Lanka Consolidated Acts

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Fertilizers Act (No. 21 of 1961) - Sect 15

Samples

15.
(1) Where a sample of any article has been taken by a Fertilizer Inspector in the prescribed manner, he shall-
(a) divide the sample into three parts; and
(b) place each such part in a bottle or other container which shall be so closed or secured as to preserve the original composition of the article and shall be marked and sealed in the prescribed manner; and
(c) send two of the parts to a Fertilizer Analyst together with a signed statement that the sample was taken in the prescribed manner; and
(d) deliver or send the third part to the seller or owner as may be prescribed.
(2) A Fertilizer Analyst to whom two parts of a sample are sent under subsection (1) shall analyze one of those parts and shall retain the other for the prescribed period.
(3) If the person on whose behalf the sample of an article is taken and analyzed, or the owner or seller of such article, objects to the certificate of the Fertilizer Analyst who made the analysis, the person objecting thereto shall, on payment of the prescribed fee, be entitled to have submitted to the Chief Fertilizer Analyst the part of the sample retained by the aforesaid Fertilizer Analyst and to have that part analyzed by the Chief Fertilizer Analyst and to receive from him a certificate of the result of his analysis.
(4) Where a sample is under this section sent for analysis to a Fertilizer Analyst or to the Chief Fertilizer Analyst, there shall also be sent to him any statutory statement, or warranty relating to the article sampled or a copy thereof, or, where such article was taken from a parcel, a copy of the particulars indicated by any registered mark or marks with which the parcel was marked in the prescribed manner.
(5) Where a sample is sent for analysis to a Fertilizer Analyst or the Chief Fertilizer Analyst, the analysis may be made by any person acting under the direction of such Fertilizer Analyst or Chief Fertilizer Analyst, but the certificate of analysis shall be signed by such Fertilizer Analyst or Chief Fertilizer Analyst, as the case may be.
(6) Where a sample of any article taken in the prescribed manner has been analyzed by a Fertilizer Analyst or the Chief Fertilizer Analyst, such Analyst shall, within twenty-one days after the receipt by such Analyst of the sample analyzed, furnish to the person who submitted the sample for analysis and, where that person is not the purchaser of such article, also to such purchaser, and in every case to the owner or seller of such article, his certificate of analysis:
(7) Where a sample of any article, which has not been taken in the prescribed manner, is analyzed by a Fertilizer Analyst or the Chief Fertilizer Analyst, such Analyst shall send his certificate of analysis to the person who submitted the sample to him.


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