Laws of MALAYSIA Malaysian law ONLINE TEXT VERSION PRINT the UPDATED Act 698 ANIMAL FEED ACT 2009 As at 1 July 2014 2 ANIMAL FEED ACT 2009 date of Assent............ August 19, 2009, the date of publication in the Gazette of ... ... more 3 September 2009 3 laws of MALAYSIA Act 698 ANIMAL FEED ACT 2009 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title, application and commencement 2. Interpretation part II BOARD ANIMAL FEED 3. The establishment of the Board of animal feed 4. Functions and powers of the Board 5. Committee 6. Delegation of functions and powers of the Board 7. Power of Minister to give directions 8. Board PART III LICENSING 9. Prohibition against the importation of food animals and animal feed additives 10. Application and issuance of licence 11. Refusal to issue licence 4 laws of Malaysia ACT 698 section 12. Renewal of licence 13. Licence not transferable 14. Suspension or cancellation of licence 15. Appeal to the Minister 16. Power of court to order the cancellation of license PART IV SPECIFICATIONS ANIMAL FOODS and CONDITIONS for storage, STORAGE, packaging, LABELLING and TRANSPORT SHOULD BE 17. Compliance with specifications 18. Conditions for storage, storage, packaging, labelling and transport should be part V CONTROL the USE of ANTIBIOTICS, HORMONES and OTHER CHEMICALS 19. Manner and extent of the inclusion of 20. Possession of animal foods or animal feed additives containing antibiotics, etc.
PART VI ENFORCEMENT 21. Authorized officers 22. Power card 23. Power to arrest 24. Search and seizure warrants with 25. Search and seizure without a warrant 26. Power to enter premises 27. Access to computerized data 28. The power to stop, search and seize the carrier 29. List of things seized animal feed 5 section 30. Power of investigation 31. Authorized officers may request assistance to check things related to error 32. Authorized to collect a sample of 33. Laboratory setting 34. The appointment of analyst 35. Certificate of analysis 36. Inspection or testing of animal feed or additives animal feed seized 37. There are no costs or damages arising from seizure can be obtained 38. The power of the Board to require information about the animal foods or animal feed additives 39. The release or disposal of animal feed, animal feed additives, etc.
40. Forfeiture or release of animal feed, etc. seized PART VII GENERAL 41. Offences by partner, agent or servants 42. Offences by body corporate 43. Fails to comply with a valid order 44. Information and whistleblower undisclosed 45. Protection against legal proceedings 46. Compounding of offences 47. Provide or make false statements or information 48. Disruption of official marks 49. Obstacles to the authorized officer in performing his duties 50. Confidentiality 51. Jurisdiction to try offences 52. Prosecution 53. The power to make regulations 54. Transitional provision 7 laws of MALAYSIA Act 698 ANIMAL FEED ACT 2009 an act to establish the Board of animal feed, to regulate the quality of animal feed by controlling the importation, manufacture, sale and use of food animals and animal feed additives, to ensure that animal feed meet the requirements of nutrients for animals, harmless animals and not contaminated so that animals and animal products are safe for consumption by humans and safe for other uses , and for other matters incidental thereto.
[January 1, 2010, P.U. (B) 580/2009]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title, application and commencement 1. (1) this Act may be cited as the animal feed Act 2009.
(2) this Act applies only for Peninsular Malaysia and the Federal territory of Labuan.
(3) of this Act come into force on such date as the Minister may, by notification in the Gazette, and the Minister may set different dates for the commencement of different provisions in this Act.
8 laws of Malaysia ACT 698 interpretation 2. In this Act, unless the context otherwise requires ―it "antibiotic" means a substance that is produced by microorganisms or any other products produced in whole or in part through chemical synthesis and in the low concentrations inhibit the growth of or kill microorganisms, and used for the purpose of stimulating growth and prevent disease;
"chemicals" include antioxidants, preservatives, coloring agents, binders, flavorings and non-drug agents to antibiotics;
"animal feed additives" means any ingredient added, including microorganisms and enzymes that do not normally used as animal feed by itself, if it has a value of nutrients or not, that affect the characteristics of animal food or animal products;
"parcel" means any thing therein or thereto or animal feed additives animal feed included, wrapped, closed or filled;
"prescribed" means prescribed by the Minister by order or regulations made under this Act;
"animal" means ―it (a) any mammal other than humans;
(b) any aquatic animals and includes fish, mollusks and crustaceans;
(c) any amphibians;
(d) any reptiles;
Food Animals 9 (e) of any birds and including chicken, ducks, quail and ostrich; and (f) any insects, which are kept in captivity or under control for any purpose human use;
"hormones" means a chemical derived from the endocrine glands or through synthetic process that has certain effect against tissue;
"analyst" means a person qualified to be appointed by the Minister under section 34;
"label" means any written, printed or graphic that describes the contents of any animal foods on packaging or otherwise in animal feed, or accompanying with food the animal;
"Board" means the Board of animal feed which is established under section 3;
"animal food" means any single or multiple materials whether processed, half processed or raw, which is intended to be fed to animals;
"Minister" means the Minister charged with the responsibility for agriculture and agro-based industries;
"authorized officer" means a public officer authorized by the Minister under section 21;
"manufacturing" in relation to animal feed means formulate, prepare, embed, mixing, make, pack it, labeling or manipulation of food the animal with the intent to sell or for its own use but does not include research or experimentation bona fide relating to animal feed and any act which became the 10 laws of Malaysia ACT 698 part of or incidental to the research or experimentation;
"carrier" means any vehicle, vessel, ship, aircraft or any other means of transportation, whether by air, sea or land;
"sale" includes barter or supply under contract farming arrangements are integrated.
PART II BOARD of ANIMAL FEED animal feed Board 3. (1) a body to be known as the Board of animal foods shall be established and shall comprise the following members: (a) the Director General of veterinary services, who shall be the Chairman;
(b) a senior officer of the Ministry of agriculture and agro-based industry which is appointed by the Minister;
(c) a senior officer of the Department of agriculture, appointed by the Minister;
(d) a senior Department of fisheries officers appointed by the Minister;
(e) a senior officer of the Department of veterinary services appointed by the Minister;
(f) a senior officer of the Malaysian Fisheries Development Board appointed by the Minister;
Food Animals 11 (g) the Director-General of the Department of pharmaceutical services, Ministry of health, or his/her representative;
(h) the Director food safety and quality Division, Ministry of health, or his/her representative;
(i) a senior officer of the Institute of agricultural research and development Malaysia appointed by the Minister;
(j) the Director General of the Department of chemistry, or his/her representative;
(k) a senior officer of an institution of higher education appointed by the Minister;
(l) the Director General of the Department of standards, or his/her representative;
(m) the Director of the Department of veterinary services and animal industry Sabah, who shall be members ex-officio; and (n) the Assistant Director of veterinary medicine, Department of agriculture, who shall be members ex-officio.
(2) the Minister shall appoint a senior officer of the Department of veterinary services to be the Secretary of the Board.
(3) subject to such conditions as may be
specified in the instrument of appointment, a member of the Board appointed by the Minister shall, unless he first put or clear his Office or his appointment is sooner revoked, hold office for a term not exceeding three years and the Member shall be eligible for re-election.
(4) the Minister may, in respect of each member appointed by him, appoint an alternate member to attend, in lieu of the Member, Board of the event to the Member is unable to attend for any reason.
12 laws of Malaysia ACT 698 (5) when attending meetings of the Board, one alternate member shall, for all purposes, be deemed to be a member of the Board.
Functions and powers of the Board 4. (1) the functions of the Board are as follows: (a) to administer, enforce and ensure effective implementation of this Act;
(b) to advise the Minister in making regulations under this Act;
(c) to regulate the quality and safety of animal feed and animal feed additives;
(d) to regulate the animal feed industry, especially in the manufacturing, distribution, use and importation of food animals and animal feed additives; and (e) to implement quality assurance and safety for animal feed.
(2) the Board shall have power to do all things expedient or reasonably necessary for or in connection with or incidental to the performance of its functions.
(3) without prejudice to the generality of subsection (2), the Board shall have power ―it (a) to carry out the survey and investigation with respect to the animal feed industry;
(b) to require any person who deals with animal foods or animal feed additives to submit a report;
Animal foods 13 (c) to regulate the importation of food animals and animal feed additives; and (d) to prevent any act of fraud related to the production, supply and sales of animal feed and animal feed additives.
The Committee 5. The Board may establish committees, comprising people who are not members of the Board, to advise and assist the Board in carrying out its functions and exercise of its powers.
Delegation of functions and powers of the Board 6. The Board may, subject to such conditions and restrictions as may be imposed by it, delegate to the Committee established under section 5 or to any public officer, any of the functions or powers in addition to the power of this delegation.
Power of Minister to give directions 7. The Minister may, from time to time, give the Board instruction in accordance with the provisions of this Act and the Board shall perform all such directions.
Board meeting 8. (1) the Board shall meet at the times and places as determined by the Chairman.
(2) At any meeting of the Board, six members shall constitute a quorum.
14 laws of Malaysia ACT 698 (3) the Chairman shall preside at all meetings of the Board.
(4) If the Chairman is not present at a meeting of the Board, the members present shall appoint one of them to chair the meeting.
(5) the Chairman or other member presiding over the meeting shall have one vote and shall, if there are the same number of votes a lot, have a casting vote.
(6) the Board may invite any person to attend any meeting of the Board, but that person shall not be entitled to vote at the meeting.
(7) subject to this section, the Board may regulate its own procedure.
PART III LICENSING Prohibition against importation of food animals and animal feed additives 9. (1) No person shall import any food animal or animal feed additives unless he holds a valid licence under this Act.
(2) Notwithstanding subsection (1), the Minister may, by order published in the Gazette, prohibit either entirely or with conditions, importation, from any country or territory or any part of any country or territory, any food animal or animal feed additives that may carry diseases or affect human or animal health or both.
Animal foods 15 (3) any person importing any animal or food additives food animal without a licence or in contravention of the order of the Minister under subsection (2) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or both.
Application and issuance of licence 10. (1) an application for a licence to import animal foods or animal feed additives shall be made to the Board ―it (a) in the manner determined by the Board; and (b) by submitting together with the application any information, particulars or documents as may be required by the Board.
(2) If an application for a licence is approved, the licence shall be issued in the name of the applicant for the licence when the fee paid and the Board may impose such terms and conditions as he may deem necessary.
(3) a licence issued under this section shall, unless suspended or cancelled, is valid for a period expiry not later than the end of the calendar year the license began, and shall terminate upon the expiry of such period.
16 laws of Malaysia ACT 698 Refusal to issue licence 11. The Board may not issue a licence to import animal feed or additives animal feed ―it under this Act (a) if the country of origin of these animal foods or animal feed additives that will be imported is unknown;
(b) if the specifications of the food additives food animal or the animal is not provided for or does not comply with prescribed specifications;
(c) if the Board has reasonable grounds to believe that the animal foods or animal feed additives that will be imported is contaminated or is likely to carry the disease and cause of human or animal health is affected;
or (d) if any license or other certification for importation as may be required under any other written law are not available.
Renewal of licence 12. (1) a licensee may apply to renew the licence not later than thirty days before the expiration date of such licence ―it (a) in the manner determined by the Board; and (b) by submitting together with the application any information, particulars or documents as may be required by the Board.
(2) when an application for renewal of a license approved by the Board, the license shall be renewed when fi animal feed 17 prescribed, and the Board may amend the terms and conditions of such licence or impose additional terms and conditions.
(3) the Board may refuse to renew a licence if the licensee ―it (a) does not comply with any provision of this Act or any regulations made under this Act; or (b) fails to comply with any term or condition of the licence.
Licence not transferable 13. (1) a licence to import animal feed additives animal feed or issued under this Act is not transferable.
(2) any person who contravenes subsection (1) or any person who uses another person's licence commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Suspension or cancellation of licence 14. (1) the Board may suspend or cancel a licence to import animal feed or additives animal feed under any of the following circumstances: (a) the licensee fails to comply with any provision of this Act or any regulations made under this Act;
(b) the licensee fails to comply with any term or condition of a licence;
18 laws of Malaysia ACT 698 (c) licensee has secured the license in inappropriate or unlawful; or (d) in the event of any act or omission by the holder of the licence or has been around a change in circumstances resulting in the licensee is no longer entitled to be given a licence under this Act.
(2) before the Board makes a decision under subsection (1), the Board shall give the licensee ―it (a) a written notice of the intention to suspend or cancel the licence; and (b) an opportunity to make representations in writing within a period specified in the notice in writing that
which shall be not less than fourteen days from the date of the notice.
(3) the Board shall, after considering the representations made by the licensee under subsection (2), if any, decide whether to suspend the license for such period or to cancel the license.
(4) the Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.
(5) where a licence is suspended under subsection (3), the Board may require a licensee to meremedikan the default or breach within the period specified in the notice issued under subsection (4) and, if deemed necessary by the Board, it may impose additional terms and conditions on the licence.
(6) if the Board is satisfied that the licensee did not breach or violation of the meremedikan within the period specified or licensee in breach of the additional terms and conditions under subsection (5), or any breach or violation of the animal feed 19 continues after the license is suspended under subsection (3), the Board shall cancel the license.
(7) a licensee whose ―it (a) suspended or cancelled shall not be entitled to any compensation for any loss which is experiencing because of the suspension or cancellation of a licence under this Act; and (b) revoked shall not be entitled to any refund of the fee prescribed under section 10 or 12.
Appeal to the Minister 15. (1) any person aggrieved by the refusal of the Board to issue or renew any licence, or by suspension or revocation of any licence, may appeal to the Minister in the prescribed manner against such refusal, suspension or cancellation within thirty days from the date of such refusal, suspension or cancellation.
(2) the Minister may, after considering the appeal, make such order as he thinks fit, and such order shall be final.
Power of court to order the revocation of licence 16. (1) where any person is convicted of an offence under this Act, the Court may, in addition to the penalties that may be imposed by it, order that the person's license revoked.
(2) if any person to whom a licence has been issued under this Act, convicted of a second or subsequent under this Act, the Court may, in addition to the penalties that may be imposed, order the person disqualified to hold a licence under 20 laws of Malaysia ACT 698 of this Act for a period not exceeding five years as determined by the Court.
(3) any person obtaining or trying to obtain a licence while he is disqualified under subsection (2) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one month or to both and for a second or subsequent offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
PART IV SPECIFICATIONS ANIMAL FOODS and CONDITIONS for storage, STORAGE, packaging, LABELLING and TRANSPORTATION of the NECESSARY Compliance specifications 17. (1) all animal foods to be imported, manufactured, distributed, owned, sold or used to be fed to animals shall comply with the specifications of the food animal specified.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Conditions for storage, storage, packaging, labelling and transport should be 18. (1) all animal foods or additives animal feed kept, stored, packaged, labeled, or transported shall comply with the conditions laid down for storage, animal feed storage 21, packaging, labelling and transport to food animals or animal feed additives.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Part V CONTROL the USE of ANTIBIOTICS, HORMONES and CHEMICALS in some other manner and extent of the inclusion of 19. (1) No person shall (a) ―it to spice up any antibiotics, hormones or other chemicals into food animal; or (b) enter any antibiotics, hormones or other chemicals directly or through the medium into animals, except in the prescribed manner and at the prescribed point.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or both.
22 laws of Malaysia ACT 698 (3) Notwithstanding subsection (1), any antibiotics, hormones or other chemicals can add into animal feed or entered directly or through the medium into the animals, at a point higher than the point specified if such prescribed by a veterinary doctor in writing and only for the purpose of treatment, control or eradication of the disease.
(4) for the purposes of this section, a veterinary doctor means a veterinary doctor as defined in the veterinary surgeons Act 1974 [Act 147].
Possession of animal foods or animal feed additives containing antibiotics, etc.
20. (1) No person shall possess any animal foods or animal feed additives containing antibiotics, hormones or other chemical pencampurannya not permitted under this Act or any regulations made under this Act.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or both.
PART VI ENFORCEMENT of authorized officers 21. (1) the Minister may appoint in writing any public officer to be the number of authorized officers as he considers necessary for the purposes of this Act.
Food Animals 23 (2) an authorized officer may exercise all the powers vested to it under this Act or any regulations made under this Act.
Power card 22. (1) there shall be issued to each authorized officers a power card shall be signed by the Chairman of the Board.
(2) when an officer is empowered to exercise any power under this Act or any regulations made under this Act, he shall upon request submit to the person against whom that power is being exercised authority card issued to him under subsection (1).
Power to arrest 23. (1) an authorized officer may arrest without warrant any person who commits or attempts to commit, or is reasonably suspected by an officer authorized as doing or attempting to commit, any offence under this Act or any regulations made under this Act if the person refuses to provide your name or his address or give his address as outside Malaysia or there are reasonable grounds to believe that the person had given a false name or address or person It may escape.
(2) where any person has been arrested under subsection (1), that person shall thereafter be treated as provided by the criminal procedure code [Act 593].
24 laws of Malaysia ACT 698 General search and seizure warrants with 24. (1) where a Magistrate found, the information given in writing from someone authorized officers and after such inquiry as may be deemed necessary by the Magistrate, that there is reasonable cause to believe that ―it (a) any premises have been used or will be used for; or (b) in any premises evidence necessary for the conduct of investigations of the Commission of an offence, under this Act or any regulations made under this Act, the Magistrate may issue a warrant empowering any authorized officers named in the warrant, at any time
reasonable, whether during the day or night and with or without assistance, to enter the premises and if necessary using force.
(2) a warrant issued under subsection (1) may authorize an officer authorised to ―it (a) search the premises, and seize any animal feed, animal feed additives, containers, packaging, transport, equipment, books, documents or other things reasonably believed to be able to give evidence of the Commission of the offence;
(b) take samples of any food animal, animal feed additives or other things found in the premises for the purpose of determining by testing or otherwise, whether it was committed; and (c) make copies of or take extracts from any books, records, documents or other things found in the premises.
Food Animals 25 (3) an authorized officer who enters any premises under this section may bring with him any other person and equipment as it deems necessary.
(4) an authorized officer may, in the exercise of its powers under this section, if required to do so ―it (a) break open any door or in the premises or any fences, blockades, gates or other barriers to the premises, to enter into the premises;
(b) remove by force any barriers to entry, search, seizure and removal as he is empowered to do so under this section; and (c) detain any person found in such premises until the search is completed.
(5) where by reason of the type, size or its recoverable amount, it is not practical to move any food animal, animal feed additives, containers, packaging, carrier, book, document or other thing seized under this section, the authorised officer shall prevent the carrier, container or premises in which animal feed, animal feed additives, containers, packaging, books, documents or other things that could be found.
Search and seizure without a warrant 25. When an authorized officer has reasonable cause to believe that any animal feed, animal feed additives, containers, packaging, carrier, book, document or other thing in respect of which an offence has been committed may be found in or at any place, premises, person or carrier and that by reason of delay in obtaining a warrant under section 24 26 laws of Malaysia ACT 698 goals search may terkecewa , he may, without a warrant, with such assistance and such force as may be necessary ―it (a) enter and search the place or premises;
(b) stop and inspect the person or carrier; and (c) seize any animal feed, animal feed additives, containers, packaging, transport, books, documents or other things may be found and can be evidence of the offence.
Power to enter premises 26. Notwithstanding section 24 and 25, someone authorized officers may at any time enter any premises for the purpose of checking ―it (a) any food animal, animal feed additives, containers, packaging, transport, books, documents or other things as he may deem necessary;
(b) verify the accuracy of the records or statements or any information provided to authorized officers; or (c) take samples of any food animal, animal feed additives or other materials found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed.
Access to computerized data 27. (1) any authorized officers carrying out the search under this Act shall be given access to Food Animals 27 computerised data either stored in a computer or otherwise.
(2) for the purposes of this section, authorized officers shall be given a password, encryption, encrypting code code, software or hardware necessary or any other way that is required for understanding data simultaneously broadening access to enable computerized it.
The power to stop, search and seize the carrier 28. (1) If an authorized officer has reasonable cause to suspect that any carrier bring any animal feed, animal feed additives, containers, packaging, book, document or other thing in respect of which an offence under this Act or any regulations made under this Act, is or has been committed, he may stop and inspect the carrier and can be If at the examination she had reasonable cause to believe that the carrier is being or has been used to commit the offence, seize the carrier and any animal feed, animal feed additives, containers, packaging, books, documents or other things found in the carrier reasonably believed to be able to give evidence of the Commission of the offence.
(2) those who control or keep the carrier shall, if required to do so by authorized officers that — (a) discontinue the carrier and allow authorized officers to inspect the carrier; and (b) open all parts of the carrier for inspection and take all necessary measures to enable or facilitate the conduct of the examination as may be found necessary by the authorised officer.
28 laws of Malaysia ACT 698 (3) any person who contravenes subsection (2) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
List of things seized 29. (1) where any seizure made under this Act, the authorized officers making the seizure shall provide a list of animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized and the premises they found and shall sign the list.
(2) the list provided in accordance with subsection (1) shall be given forthwith to the ―it (a) the occupier of the premises free of animal food, animal feed additives, containers, packaging, book, document or other thing seized is found; and (b) those who control or care of the carrier, if seizure is made under section 28.
(3) where seizure is made in or from any premises not occupied, authorized officers shall where possible post up the list of things seized it in a way that is easily seen in the premises.
(4) if the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized other than in or from any premises, the authorized officers making the seizure shall give a notice in writing of the seizure and seizure thereof to the owner of the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized it by submitting a copy of the notice to the owner itself or by post to the business place or his residence.
Animal foods 29 (5) notice under subsection (4) is not to be given if the seizure is made from the owner, in the presence of the owner or with the knowledge of the owner.
Power of investigation 30. (1) an authorized officer shall have all the powers necessary to carry out the investigation of the Commission of an offence under this Act or any regulations made under this Act.
(2) for the purposes of subsection (1), the criminal procedure code shall apply and an officer authorized shall have all the powers provided under the criminal procedure code.
Authorized officers may request assistance to check things related to error 31. Someone authorized officers may request the assistance of any person to inspect any animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized or detained under this Act if the person has the necessary qualifications to inspect animal feed, animal feed additives, containers, packaging, transport, books, documents or other things that for the purposes of an investigation under this Act.
Authorized to collect a sample of 32. (1) An authorized officer may request, choose, take or get samples of any food animal or animal feed additives for the purposes of analysing without payment from any person to import, make, distribute, sell, use or possession of animal foods or animal feed additives, or agent or 30 laws of Malaysia ACT 698 pekhidmatnya from whom the animal or food additives food animal is being recovered.
(2) the Procedure for recruitment and dealing with samples shall be as prescribed.
Determination of 33 laboratories. The Minister may set the lab as it thinks fit for the purposes of this Act.
The appointment of 34 analysts. The Minister may appoint any qualified person
to become an analyst for the purpose of carrying out the analysis under this Act.
Certificate of analysis 35. (1) a certificate of analysis that is signed by an analyst shall, upon submission by the Prosecutor in any proceedings under this Act, be sufficient evidence of the facts stated in the certificate unless the accused requires that the analyst called as a witness, and in that case he shall give notice in writing to the Prosecutor not less than three clear days before the commencement of the trial.
(2) if the public prosecutor intends to provide any certificate referred to in subsection (1) as evidence he shall deliver a copy of the certificate to the accused not less than ten clear days before the commencement of the trial.
Animal foods 31 check-ups or testing animal foods or additives animal feed seized 36. (1) when any animal foods or additives animal feed seized under this Act, it is sufficient to open and examine five percent out of every description of the package or container in which the animal foods or animal feed additives that contain.
(2) if the test should be done against any animal foods or additives animal feed seized under this Act, it is sufficient to just test a sample of not more than five per cent of the amount or weight of animal foods or additives in food animal examined under subsection (1).
(3) the Court shall resume that animal foods or animal feed additives contained in the package or container is not open is of the type, number and quality similar to those found in the packaging or similar containers that have been opened.
There are no costs or damages arising from seizure can be obtained 37. No person shall, in any proceedings before any court in respect of the seizure of any animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized in the exercise or purported exercise of any power conferred by this Act, is entitled to the costs of the proceedings or any damages or other relief unless the seizure is made without reasonable cause.
32 laws of Malaysia ACT 698 Power Board to require information about the animal foods or animal feed additives 38. (1) the Board may require any person carrying out any activities involving animal foods or animal feed additives to produce to the Board, within the time prescribed in the notice, any information related to animal feed or food additives the animal.
(2) any person who did not submit such information as required by the Board under subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
The release or disposal of animal feed, animal feed additives, etc.
39. (1) where any animal feed, animal feed additives, containers, packaging, carrier, book, document or other thing has been seized under this Act, an officer may be authorized (a) releasing ―it containers, packaging, transport, books, documents or other things seized to the owner or to the person of the possession, custody or control it seized, or to any person who thinks by authorized officers are entitled to it subject to any terms and conditions imposed by authorized officers, and subject in anything thing, giving sufficient assurance officer authorized that containers, packaging, transport, books, documents or other things seized shall be handed over to authorized officers that when a request is made by authorized officers, and that the terms and conditions , if any, shall be followed;
Food Animal 33 (b) release the animal feed, animal feed additives, containers, packaging, transport, books, documents or other objects to the owner or to the person of the possession, custody or control it seized, or to any person who thinks by authorized officers are entitled to it, with freedom is given to the person to whom it released such to liquidate them, subject to any terms and conditions imposed by the authorized officers of the , and subject, in any case, to grant adequate assurance officer authorized in an amount not less than the amount which in the opinion of the authorized officer ―it represents (i) the open market value of the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things that at the date of such discharge;
(ii) customs duty payable therefor, if any; and (iii) tax payable therefor under any written law, if any, for the payment of the guaranteed amount such to the Board if the Court made an order melucuthakkan the amount under this Act; or (c) sell or destroy, as may be appropriate in the circumstances, animal feed, animal feed additives, containers, packaging or other thing which, in the opinion of the authorized officer, is the type that easily destroyed or may quickly deteriorate quality or value, and if it is sold so, authorized officers shall hold the proceeds of sale is pending the results of any prosecution or claims.
(2) any person who ―it 34 laws of Malaysia ACT 698 (a) when requested to do so does not deliver to an officer authorized any containers, packaging, transport, books, documents or other things that have been released to him under paragraph (1) (a); or (b) fails to comply with or contravenes any term or condition imposed under paragraph (1) (a) or (b), commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
(3) Criminal Liability of any person under subsection (2) shall be in addition to any other liabilities incurred by such person or any other person under the terms and conditions relating to the release of any containers, packaging, transport, books, documents or other things under paragraph (1) (a) or any animal feed, animal feed additives, containers, packaging, transport, books, documents or other things under paragraph (1) (b).
Forfeiture or release of animal feed, etc. seized 40. (1) any animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized in exercise of any power under this Act shall be dilucuthakkan.
(2) an order for forfeiture of animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized shall be made if it is proved to the satisfaction of the Court that an offence under this Act has been committed and that animal feed, animal feed additives, containers, packaging, transport, books, documents or other things seized the matter or used in the Commission of the offence , although no one has been convicted of the offence.
Animal foods 35 (3) if there is no prosecution in respect of any animal feed, animal feed additives, containers, packaging, carrier, book, document or other thing seized under this Act, animal feed, animal feed additives, containers, packaging, transport, books, documents or other things shall be taken and deemed to be forfeited upon the expiry of thirty days from the date of delivery of the notice to the address last known to the person from whom the animal feed , animal feed additives, containers, packaging, transport, books, documents or other things is seized stating that no prosecution in respect of animal feed, animal feed additives, containers, packaging, transport, books, documents or other things that unless before the expiry of such period a claim had been made in the manner specified in subsection (4), (5), (6) and (7).
(4) any person who asserts that he is the owner of the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things referred to in subsection (3) and that the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things that can not be dilucuthakkan can, give personally or by his agent authorized in writing notice to the authorized officers that are in the custody of animal foods , animal feed additives, containers, packaging, transport, books, documents or other things that held that he claim the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things that.
(5) when the notice referred to in subsection (4) is received,
authorized officers shall refer the claim to a Magistrate to get the decision.
(6) a magistrate to whom a matter referred to it under subsection (5) shall issue a summons requiring the person who pointed out that he is the owner of the animal feed, animal feed additives, containers, packaging, transport, books, documents or other things the person from whom it was seized to appear before him, and when they are present or when they are not present, having proved 36 laws of Malaysia ACT 698 that the summons has been duly served , A magistrate shall proceed with examination of the matter.
(7) if it is proved that an offence under this Act has been committed and that animal feed, animal feed additives, containers, packaging, transport, books, documents or other things referred to in subsection (6) is a matter for or was used in the Commission of the offence, then the Magistrate shall order that the animal food, animal feed additives, containers, packaging, transport, books, documents or other things that dilucuthakkan , and shall, in the absence of such proof, ordered its divestment.
(8) any food animal, animal feed additives, containers, packaging, transport, books, documents or other things dilucuthakkan or be deemed to be forfeited shall be dihantarserahkan to the authorized officer and shall be disposed of according to the instructions of the Board.
PART VII GENERAL offences by partner, agent or servants 41. Any person who shall be liable to any penalty under this Act or any regulations made under this Act for any act, omission, neglect or default, if the Act, omission, neglect or default is done by himself may be subject to the same penalty if the Act, omission, neglect or default committed by the partner, agent or pekhidmatnya unless he proves ―it (a) that the Act of , omission, neglect or default is done without his consent or knowledge, pembiarannya; and (b) that he took all reasonable precautions and due diligence conducted animal feed 37 to prevent the Act, omission, neglect or default of that.
Offences by bodies corporate 42. If a body corporate commits an offence under this Act or any regulations made under this Act, then any person who at the time of the Commission of the offence was a Director, Chief Executive Officer, General Manager, Secretary or other similar officer of the body corporate or in purporting to act upon any such nature or in such a way or up to any extent is responsible for the management of any Affairs of the Corporation or who assist in such management shall be , as well as the body corporate, be deemed to have committed the offence unless he proves that it was committed without his consent or knowledge, pembiarannya and that he took all reasonable precautions and have carried out due diligence to avoid the Commission of the offence.
Fails to comply with a valid order 43. Any person who fails to comply with any written order issued by the Minister or the Board or any authorized officer commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one month or to both, and for a second or subsequent offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.
Information and information providers cannot be revealed 44. (1) except as provided in this section, no witness in any civil or criminal proceedings 38 laws of Malaysia ACT 698 pursuant to this Act shall be required or permitted to disclose the name or address of any informer or the content and type of information received therefrom or declare any matter that may cause she known.
(2) where a book or document which constitute or which may be inspected in any civil or criminal proceedings contains any entries that may cause she known, the Court shall cause all the posts from the closed vision or deleted only to the extent necessary to protect the informant of known.
(3) if in any proceedings for an offence under this Act, the Court, after a full investigation of the case, is of the opinion that the informant intentionally make in aduannya a statement of material which he knows or believes is false or does not believe to be true, or if in any other proceedings the Court is of the opinion that justice cannot be carried out solely between the parties in the proceedings without knowing the informant then valid for the Court to require production of the original complaint, if written, and allow the inquiry and require full disclosure concerning the informer.
Protection against legal proceedings 45. No action or prosecution can be brought, instituted or maintained in any court against ―it (a) any member of the Board, analyst or any officer duly authorized for or for or in respect of any act which ordered or performed for the purpose of implementing this Act; and (b) any other person or due to or in respect of any act done or purporting to be done under an order, direction or instruction of the Minister, the Board or any other officer duly authorized under this Act, animal feed 39 if the act done in good faith and reasonable belief that the Act necessary for the purposes that are intended to be achieved by it.
Compounding of offence 46. (1) the authorized Officer may, with the consent of the public prosecutor, compound any offence committed by any person under this Act or under the regulations made thereunder and prescribed by the Minister as the offense can compound with make an offer in writing to that person for the offence when mengkompaunkan paid to authorized officers of an amount not exceeding fifty per cent of the amount of the maximum fine for the offence within the period specified in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution thereon is started.
(3) if the amount stated in the offer is not paid within the period specified in the offer or in any extended period granted by authorized officers, prosecution to them may be started at any time after that to the person to whom the offer is made.
(4) If an offence is compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer is made and any animal feed, animal feed additives or the proceeds of disposal, or any containers, packaging, carrier, book, document or other thing seized in connection with the offence be released or dilucuthakkan by authorized officers in accordance with any terms and conditions of the compound.
40 laws of Malaysia ACT 698 Gives or makes a false statement or information 47. Any person who provides information or makes a statement in accordance with the requirements of this Act, which is false in any material facts which, unless he proves that he did not know and had no reason to suspect that the information or the statement is false and has taken all reasonable steps to ensure that the truth of the statement or information, commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both , and for a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Harassment against the official sign 48. Any person who without authority to open, modify, break, move or delete any sign, bonding or lak placed by an officer authorized in accordance with the provisions of this Act to any animal feed or food additives, animal or any packaging, place, doors or openings that contains or allows access to animal foods or additives in food animal is guilty of an offence and can be , on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Barriers against authorized officers in performing their duties
49. Any person who prevents or mengamang any authorized officer in performing his duties under this Act commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term of not more than 41 animal feed three months or to both, and for a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Confidentiality of 50. (1) except for the purposes of this Act or for the purposes of any criminal proceedings under this Act, there are no authorized officers may disclose any information relating to any matter that diperolehnya while discharging its duties and which are not published in any of the Gazette in accordance with this Act.
(2) any officer authorized with disedarinya in violation of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Jurisdiction to try offences 51. Notwithstanding any law to the contrary, the magistrate shall have jurisdiction to try any offence under this Act or any regulations made under this Act, and impose a sentence full for any such offence.
Prosecution 52. No prosecution for an offence under this Act or any regulations made under this Act shall be instituted except by or with the written consent of the public prosecutor.
42 laws of Malaysia ACT 698 power to make regulations 53. (1) the Minister may, after consultation with the Board, make such regulations as are necessary or expedient for the purpose of carrying out the provisions of this Act.
(2) in particular, and without prejudice to the generality of subsection (1), regulations may be made for the following purposes: (a) to prescribe the qualifications, conduct and analyst duties;
(b) to agree on all matters relating to the application, renewal, suspension and revocation of a licence to import animal foods or animal feed additives;
(c) to set the terms, conditions and restrictions for the license for importing animal foods or animal feed additives;
(d) to specify all matters relating to specifications and standards of animal foods and to make provision for implementing the standards and specifications;
(e) to specify all matters relating to transport, storage, storage, labelling and packaging of food animals or animal feed additives;
(f) to specify all matters relating to use of the animal feed additives, antibiotics, hormones or other chemicals;
(g) to regulate the manufacture, sale, advertising and use of animal feed or animal feed additives;
Food Animals 43 (h) to prescribe the method of analyzing food animals and the form of the certificate of analysis;
(i) to set up laboratories and provide for its functions;
(j) to prescribe fees payable under this Act;
(k) to prescribe offences can be compounded; and (l) to provide for any other matter intended by, or necessary to carry out the full, the provisions of this Act and to the appropriate administration.
(3) regulations made under subsection (2) may prescribe any act in violation of the regulations to be an offence and may prescribe a penalty to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or both of each for the offence.
Transitional provisions 54. (1) any person who, at the date of coming into operation of this Act, importing animal foods or animal feed additives and intend to continue importing food animals or animal feed additives shall, within six months from the date of coming into operation of this Act, apply for a licence under section 10.
(2) on receipt of an application under subsection (1) the Board shall issue to the person pengakuterimaan.
(3) when an application for a license was rejected, the Board shall send a notice to the applicant informing the applicant of the refusal and the notice shall also direct the applicant to discontinue the 44 laws of Malaysia ACT 698 food importation of animals or animal feed additives within the period specified in the notice.
(4) any person referred to in subsection (1) who is aggrieved by the decision of the Board to refuse to issue a licence to import animal foods or animal feed additives may appeal to the Minister under section 15.
(5) any person referred to in subsection (1) may continue to operate the activity pending the determination of his application for a license or appeal to the Minister.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 45 laws of MALAYSIA Act 698 ANIMAL FEED ACT 2009 LIST AMENDMENT law short title force amend from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 46 laws of MALAYSIA Act 698 ANIMAL FEED ACT 2009 LIST SECTION AMENDED Section Power amend with effect from – no – _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
