16.— (1) A member of the Garda Síochána or an officer of Customs and Excise who takes a sample of a product or a sample of any substance or article, pursuant to section 12, shall divide the sample into 3 approximately equal parts, and place each part into separate containers each of which he or she shall forthwith seal and mark in such a manner as to identify it as part of the sample taken by him or her.

(2) Where a member or an officer, as the case may be, has complied with subsection (1) he or she shall—

(a) offer one of the sealed containers to the owner or person for the time being in charge or possession of the product, substance or article from which the sample concerned was taken,

(b) retain one of the said sealed containers, and

(c) forward, or cause to be forwarded, one of the sealed containers to a designated laboratory for the purposes of analysis.

(3) Where a product, substance or article is contained in a container and its division into parts is (for whatever reason) not practicable, a member of the Garda Síochána or officer of Customs and Excise, as the case may be, who wishes to take samples of such a product, substance or article for the purposes of analysis, shall take possession of 3 such containers belonging to the same batch, and each such container shall be deemed to be part of a sample for the purposes of subsection (1), and the provisions of subsections (1) and (2) shall apply thereto accordingly.