11 When an inspector takes a sample of a cosmetic under subsection 23(1) of the Act, the inspector shall inform the owner of the cosmetic or the person from whom the sample is taken that the inspector proposes to submit the sample or a part of it to an analyst for analysis or examination and
(a) where, in the opinion of the inspector, division of the procured quantity would not interfere with analysis or examination, he shall
(i) divide the quantity into three parts,
(ii) identify the three parts as the owner’s portion, the sample and the duplicate sample and where only one part bears the label, identify that part as the sample,
(iii) seal each part in such a manner that it cannot be opened without breaking the seal, and
(iv) deliver the part identified as the owner’s portion to the owner or the person from whom the sample was obtained and forward the sample and the duplicate sample to an analyst for analysis or examination; or
(b) where, in the opinion of the inspector, division of the procured quantity would interfere with analysis or examination, he shall
(i) identify the entire quantity as the sample,
(ii) seal the sample in such a manner that it cannot be opened without breaking the seal, and
(iii) forward the sample to an analyst for analysis or examination.
- SOR/2004-244, s. 5
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