Revised Laws of Saint Lucia (2021)

38.   Alleged defects requiring proper analysis and laboratory report

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    (1)   Where the complainant alleges a defect in the goods which cannot be determined without proper analysis or test of the goods, the Board shall, in the prescribed manner —

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      (a)     obtain a sample of the goods from the complainant;

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      (b)     seal the sample and authenticate it; and

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      (c)     subject to subsection (2), refer the sealed sample to an appropriate laboratory along with a direction to the laboratory to —

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        (i)     make an analysis or test of the goods, whichever may be necessary,

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        (ii)     determine whether the goods suffer from any defect alleged in the complaint, from any other defect or pose any health risk, and

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        (iii)     report its findings to the Board within a period of 45 days of the receipt of the reference or within such extended period as may be granted by the Board.

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    (2)   Before any sample of the goods is referred to an appropriate laboratory, the Board shall require the complainant to deposit such fees as may be prescribed, for payment to the laboratory for carrying out the necessary analysis or test in relation to the goods in question.

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    (3)   The Board shall remit the amount deposited to its credit under subsection (2) to the laboratory to enable the laboratory to carry out the necessary analysis or tests.

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    (4)   Upon completion of the requisite analysis or tests, the laboratory shall submit its report to the Board in the prescribed form.