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Hazardous Substances Act, 1973 (Act No. 15 of 1973)

Group I Hazardous Substances Regulations

9. Duties of Inspectors and Analysts

 

 

1) The following procedure shall be followed when a sample of a Group I or Group II hazardous substance is taken by an inspector in terms of the powers conferred on inspectors under section 9(1) of the Act:
a) The licensee or person in charge of the premises shall be notified by the inspector of the sampling and of the purpose thereof. If the sample is not paid for, this notification shall be in writing.
b)
i) In the case of a substance where the opening of the package would not hamper analysis or examination, the inspector shall offer to divide the sample into three approximately equal portions and to furnish the licensee or person in charge of the premises with one portion.
ii) If the said offer is accepted, the sample shall be divided and each portion packed separately, sealed and labelled to indicate its nature and to identify it as a portion of the original sample. One of the portions shall be handed to the licensee or person in charge of the premises, one sent to an analyst for analysis or examination and one kept by the inspector until the case has been finalised. If the contents of one package are not sufficient for analysis or examination if divided as aforesaid, additional packages, similarly labelled and purporting to contain a similar article, shall be obtained and the contents of two or more such packages shall then and there be mixed by the inspector and the mixture divided and dealt with as provided.
iii) If the said offer is not accepted, the undivided sample shall be packed, sealed, labelled with a special label to indicate its nature and to identify it and sent to an analyst for analysis or examination.
c)
i) individual random samples from the stock present and to furnish the licensee or the person in charge of the premises with one sample.
ii) If the said offer is accepted, each individual sample shall be packed separately, sealed and labelled to indicate its nature and to identify each sample as a sample taken from the stock present. One of the samples shall be handed to the licensee or the person in charge of the premises, one sent to the analyst for analysis or examination and one kept by the inspector until the case has been finalised.
iii) If the said offer is not accepted, the indivisible sample shall be packed, sealed and labelled with a special label to indicate its nature and to identify it, and sent to analyst for analysis or examination.
d) The label of very sample submitted for analysis shall indicate whether or not the sample was divided or whether it was an indivisible sample.
e) The original label of the package, if any, or a copy thereof, shall accompany the sample sent to the analyst.
f) The sample may be delivered to the analyst by any convenient means, provided the inspector's seal remains intact.

 

2)
a) Reports on samples analysed or examined in terms of regulation 9(1) shall be in the form shown in Annexure C.
b) In the case of a sample of a substance which is found on analysis or examination to be falsely described or otherwise not to conform to the requirements of the Act and which was not divided by the inspector, the unused portion, if any, of the sample shall be closed, sealed and retained by the analyst until after the conclusion of any prosecution in connection therewith.

 

3) A fee of R50 shall be paid by an accused person in respect of an analysis or examination carried out at his request in terms of section 11(1) of the Act.