Appointment of analysts and authorized officers
(1) The Minister may appoint such number of analysts as he may consider necessary for the purposes of this Act and may make regulations concerning their qualifications, conduct and duties, and shall prepare or cause to be prepared a list of appointed analysts and revise it as the circumstances may require.
(2) The Minister may appoint such number of authorized officers as he may consider necessary for the purposes of this Act and every authorized officer shall be issued with a Certificate of
Authorization which certificate shall in any legal proceedings under this Act be admissible in evidence and shall be prima facie evidence of the facts so certified.
(3) The Minister may, in relation to any matter which appears to him to affect the general interests of the consumer, authorize any public officer to procure for analysis samples of any food, and thereupon that officer shall have all the powers of an authorized officer under this Act, and this Act shall apply as if the officer was an authorized officer.
(4) The analysts and authorized officers appointed under this section shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Approved laboratories
(1) The Minister may, by order, approve such number of laboratories as he may consider necessary for the purposes of this Act.
(2) A laboratory approved under subsection (1) shall be issued with a Certificate of Approval which certificate shall, in any legal proceedings under this Act, be admissible in evidence and shall be prima facie evidence of the facts so certified.
(3) The Minister shall prepare or cause to be prepared a list of approved laboratories and revise it as the circumstances may require.
Powers of authorized officer
(1) An authorized officer may at any time for the proper and better performance of his duty—
(a) enter any premises which he believes to be food premises and examine any food found therein and take samples of such food, and examine anything that he believes is used or capable of being used for the preparation, preservation, packaging, storage, conveyance, distribution or sale of the food;
(b) stop, search or detain any aircraft, ship or vehicle in which he believes on reasonable grounds that any food to which this Act applies is being conveyed and examine
any such food and take samples thereof for the purposes of this Act, except an aircraft, ship or vehicle making an international voyage in respect of which the International Health Regulations apply;
(c) open and examine any package which he believes contains any food to which this Act applies;
(d) examine any books, documents or other records found in any food premises that he believes contain any information relevant to the enforcement of this Act with respect to any food to which this Act applies and make copies thereof or take extracts there from;
(e) demand the production of the National Registration Identity Card, the Business Registration Certificate or any other relevant document which the authorized officer may require;
(f) seize and detain for such time as may be necessary any food or appliance by means of or in relation to which he believes any provision of this Act has been contravened; or
(g) mark, seal or otherwise secure, weigh, count or measure any food or appliance, the preparation, preservation, packaging, storage, conveyance, distribution or sale of which is or appears to be contrary to this Act.
(1A) In the course of the exercise of his powers under subsection
(1) an authorized officer may examine orally the owner, occupier or person in charge of the food premises, or any person found in the food premises, whom he believes to be acquainted with the facts and circumstances of any matter under this Act.
(1B ) A person examined under subsection (1A) shall be legally bound to answer truthfully all questions put to him:
Provided that a person examined under this subsection may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(1 C ) An authorized officer examining a person under subsection (1A) shall first inform that person of the provisions of subsection (1B ).
(1D) A statement made by a person under subsections (1A) and(1B) shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.
(1E ) Any statement made and recorded under this section shall be admissible as evidence in any proceedings in Court.
(2) An authorized officer acting under this section shall, if so required, produce his Certificate of Authorization.
(3) Any owner, occupier or person in charge of any food premises entered by any authorized officer pursuant to paragraph (1)(a), or any person found therein, who does not give to the authorized officer all reasonable assistance in his power or furnish him with all the information as he may reasonably require, commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
(4) Any person who obstructs or impedes any authorized officer in the course of his duty or prevents or attempts to prevent the execution by the authorized officer of his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
(5) An authorized officer may arrest without warrant any person whom he has reason to believe to have committed an offence under this Act or any regulation made thereunder if the person fails to furnish his name and address or there are reasonable grounds for believing that he has furnished a false name or address or that he is likely to abscond:
Provided that when any person has been arrested as aforesaid he shall thereafter be dealt with as provided by the Criminal Procedure Code [Act 593].
(6) Any person who knowingly makes any false or misleading statement either verbally or in writing to any authorized officer engaged in carrying out his duty commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
(7) An authorized officer shall release any food seized by him when he is satisfied that all the provisions of the Act with respect to it have been complied.
(8) Where an authorized officer has seized any food and the owner or the person in whose possession the food was at the time of seizure consents in writing to its destruction, the food may be destroyed or otherwise disposed of as the authorized officer may direct and if the owner or the person does not consent to the destruction of the food, the authorized officer may apply to a court for the destruction or disposal of the food or any appliance and the court may make an order as it may deem fit, notwithstanding that the owner or the person has not been convicted of any offence in connection with the food.
(9) Where an authorized officer has seized any food which is perishable in nature and the owner or the person in whose possession the food was at the time of seizure does not consent in writing to its destruction, the responsibility for proper storage of such food so as to prevent it from deterioration, spoilage, damage or theft, pending judgment by the court, lies with the owner or such person.
(10) Where any food or appliance has been seized and detained under paragraph (1)(f) and the owner thereof has been convicted of an offence the food or appliance may be destroyed or otherwise disposed of as the court may direct.
(11) Notwithstanding any other provisions of this section an authorized officer may destroy any food wherever found which is decayed, putrefied or injurious to health or food the importation of which is prohibited or food which is surrendered by the owner for destruction on payment by him of reasonable charges.
(12) Any person who removes, alters or interferes in any way with any food seized or sealed under this Act without the authority of an authorized officer commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
(13) Any food seized may at the option of an authorized officer be kept or stored in the premises where it was seized or may at the direction of an authorized officer be removed to any other proper place.
(14) An authorized officer may submit any food seized by him or any sample from it or any other sample taken by him to any approved laboratory for analysis or examination.
(15) (Deleted by Act A1117).
Power to take sample
(1) On payment or tender to any person selling food or to his agent or servant, of the current market value of the food, any authorized officer may at any place demand and select and take or obtain samples of the food for the purpose of analysis.
(2) An authorized officer may at any place demand and select and take or obtain samples for the purpose of analysis without payment from any manufacturer making food for sale or from any importer of any food or from his agent or servant.
(3) Any such authorized officer may require the person or his agent or servant to show and permit the inspection of the package in which such food is at the time kept and to take therefrom the samples demanded.
(4) Where any food is kept for retail sale in an unopened package, no person shall be required by any authorized officer to sell less than the whole of the contents of such package.
(5) Any person who refuses or neglects to comply with any demand or requisition made by an authorized officer in pursuance of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
Procedure for taking sample
(1) Where it is intended to submit any sample of any food for analysis the authorized officer purchasing or otherwise procuring the sample shall inform the seller or his agent or servant selling the food that he intends to have the sample analysed by an analyst.
(2) The procedure for taking and dealing with the samples shall be as prescribed by regulations.
Certificate of analyst
(1) The certificate of the analyst shall be in the form as prescribed by regulations.
(2) Where any method of analysis has been prescribed by regulations for the analysis of any food, the analyst shall follow, and in his certificate of analysis declare that he has followed, the prescribed method.
(3) A copy of the result of any analysis of any food procured by an authorized officer may be obtained from the analyst by the person from whom the food so analysed was purchased or obtained on payment of such fee as may be prescribed.
(4) No copy of the result of any analysis made under this Act or any reproduction thereof shall be displayed or used as an advertisement and if any person so displays or uses such copy or reproduction he commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
Power to call for information
(1) If any authorized officer is of the opinion that there is reasonable ground for suspecting that any person is in possession of any food or other substance or any appliance for the purpose of or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food in breach of any of the provisions of this Act or any regulations made thereunder he may require such person to produce for his inspection any books, documents or other records or any other information relating to the importation, preparation, reception, possession, purchase, sale or delivery of such food or other substance or any appliance.
(2) Any authorized officer mentioned in subsection (1) may make or cause to be made copies of or extracts from any such books, documents or records, or any other information and such copies or extracts certified as such by such authorized officer shall, unless the contrary is proved, be deemed to be true and correct copies or extracts.
(3) Any person who refuses or neglects to comply with any requisition made in pursuance of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding one year or to fine or to both.
(4) Any authorized officer who—
(a) does not maintain the secrecy of all matters which come to his knowledge in the performance of his official duties under this section; or
(b) communicates any such matter to any person except for the purpose of carrying into effect the provisions of this Act,
commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.
Power of the Director General to obtain particulars of certain food ingredients
(1) The Director General may after obtaining an approval in writing from the Minister direct any person who at the date of the direction or at any subsequent time carries on a business which includes the production, importation or use of any substance to which this Act applies to furnish to him, within such time as may be specified in such direction, such particulars as may be specified, of the composition and use of any such substance sold or for sale in the course of that business or used in the preparation of food.
(2) Without prejudice to the generality of subsection (1), a direction made thereunder may require the following particulars to be furnished in respect of any substance, that is to say—
(a) particulars of the composition and chemical formula of the substance;
(b) particulars of the manner in which the substance is used or proposed to be used in the preparation of food;
(c) particulars of any investigation carried out by or to the knowledge of the person carrying on the business in question, for the purpose of determining whether and to what extent the substance, or any product formed when the substance is used as aforesaid, is injurious to, or in any other way affects, health;
(d) particulars of any investigation or enquiries carried out by or to the knowledge of the person carrying on the business in question, for the purposes of determining the cumulative effect on the health of a person consuming the substance in ordinary quantities.
(3) No particulars furnished in accordance with a direction under this section and no information relating to any individual business obtained by means of such particulars shall, without the previous consent in writing of the person carrying on the business in question, be disclosed except in due discharge of his duties under this Act, and any person who discloses any such particulars of information in contravention of this subsection commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.
Director may order food premises or appliances to be put into hygienic and sanitary condition
(1) Where the Director or an officer authorized by him in this particular respect is satisfied, by his own inspection or the report of an authorized officer, that any food premises, or any appliances used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food, is in a condition that fails to comply with any hygiene and sanitary requirements specified in regulations made under this Act, he may, by instrument in writing served on the proprietor, owner or occupier of such premises, or the proprietor or owner of such appliance, order that the premises or appliance be put into a hygienic and sanitary condition to the satisfaction of an authorized officer within a period specified in the instrument.
(2) If after the expiration of that period, the Director or an officer authorized by him in this particular respect is not satisfied that the food premises or appliance to which the order relates has been put into a condition that complies with the hygienic and sanitary requirements the Director or the officer may, by instrument in writing, served on the proprietor, owner or occupier of the food premises or the proprietor or owner of the appliance, as the case may be, order that—
(a) the food premises shall not be kept for the preparation, preservation, packaging, storage or sale or, in the case of a vehicle, for the conveyance, distribution or sale of any food; and
(b) the appliance shall not be used in or for the preparation, preservation, packaging, handling, supplying, or serving of any food,
until an authorized officer has given or otherwise deemed to have given to the proprietor, owner or occupier of the food premises or the proprietor or owner of the appliance, as the case may be, a certificate in writing that the food premises or appliance has been put into a condition which complies with the hygienic and sanitary requirements.
(3) The proprietor, owner or occupier of any food premises or the proprietor or owner of any appliance on whom an order under subsection (2) is served may at any time after the order has been served request, in writing, the Director or an officer authorized by him in this particular respect to cause the food premises or appliance to be inspected by an authorized officer at a places specified in the request.
(4) Where a request is so made, an authorized officer shall inspect the food premises or appliance to which the request relates within a period of seven days after the receipt of the request by the Director or the officer authorized by him in this particular respect, and the authorized officer making the inspection shall if he is satisfied that the food premises or appliance has been put in a condition that complies with the hygienic and sanitary requirements, give to the proprietor, owner or occupier of the food premises or the proprietor or owner of the appliance, a certificate to that effect.
(5) Where a request is so made and the food premises or appliance is not inspected by an authorized officer within a period of seven days after that receipt of the request by the Director or the officer authorized by him in this particular respect, a certificate in respect of the food premises or appliance shall be deemed to have been given to the proprietor, owner or occupier of the food premises or the proprietor or owner of the appliance.
(6) Where an order under subsection (2) has been served on the proprietor, owner or occupier of any food premises, or the proprietor or owner of any appliance and a certificate in respect thereof has not subsequently been given or has not otherwise been deemed to have been given any person who—
(a) keeps or uses the food premises or any part of the food premises for the preparation, preservation, packaging,
storage or sale or in the case of a vehicle, for the conveyance, distribution or sale of any food; or
(b) uses the appliance in or for the preparation, preservation, packaging, handling, supplying or serving of any food,
commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.
Closure of insanitary premises
The Director or an officer authorized by him in this particular respect may in writing order the closure forthwith not exceeding fourteen days of any premises preparing or selling food where the Director or the officer authorized by him in this particular respect is of the opinion that such premises is in a condition that fails to comply with the sanitary and hygienic requirements and such that it is likely to be hazardous to health, and the proprietor, owner or occupier of the premises who fails to comply with the order commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.
Conviction published in newspapers
A notification of the name and occupation of any person who has been convicted of any offence against this Act or any regulation made thereunder together with his place or places of business, the nature of the offence and the fine, forfeiture, or other penalty inflicted shall, if the court so orders, be published in any newspaper circulating in Malaysia or in any part thereof, and the court shall further order the person convicted to pay the cost of such publication and such cost shall be treated as if it was a fine imposed by such court.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
