Prohibition on importation of feed and feed additive
(1) No person shall import any feed or feed additive unless he possesses a valid licence under this Act.
(2) Notwithstanding subsection (1), the Minister may, by order published in the Gazette, prohibit either absolutely or conditionally, the importation, from any country or territory or any part of any country or territory, of any feed or feed additive that is likely to convey diseases or to affect the health of animals or humans or both.
(3) Any person who imports any feed or feed additive without a licence or in contravention of an order by the Minister under subsection (2) commits an offence and shall, on conviction, be liable 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 to both.
Application and issuance of licence
(1) An application for a licence to import feed or feed additive shall be made to the Board—
(a) in the manner as may be 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) Where an application for a licence is approved, the licence shall be issued in the name of the applicant upon payment of the prescribed fee and the Board may impose such terms and conditions as it may deem necessary.
(3) A licence issued under this section shall, unless suspended or revoked, be valid for a term expiring not later than the end of the calendar year in which it commences, and shall terminate at the expiry of that term.
Refusal to issue licence
The Board shall not issue a licence to import feed or feed additive under this Act—
(a) if the country of origin from which the feed or feed additive is to be imported is unknown;
(b) if the specification for the feed or feed additive is not provided or does not comply with the prescribed specifications;
(c) if the Board has reasonable grounds to believe that the feed or feed additive to be imported is contaminated or is likely to convey diseases and cause ill-health to animals or humans; or
(d) if any other licence or certificate necessary for importation as required under any other written law has not been obtained.
Renewal of licence
(1) A licensee may apply for a renewal of licence not later than thirty days before the date of expiry of the licence—
(a) in the manner as may be 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 a renewal of licence is approved by the Board, the licence shall be renewed upon payment of the prescribed fee and the Board may vary the terms and conditions of the licence or impose additional terms and conditions.
(3) The Board may refuse to renew a licence if the licensee—
(a) has failed to comply with any of the provisions of this Act or any regulations made under this Act; or
(b) has failed to comply with any term or condition of the licence.
Licence not transferable
(1) A licence to import feed or feed additive issued under this Act shall not be transferable.
(2) Any person who contravenes subsection (1) or any person who uses a licence of another person commits an offence and shall, on conviction, be liable 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 twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Suspension or revocation of licence
(1) The Board may suspend or revoke a licence to import feed or feed additive under any of the following circumstances:
(a) the licensee has failed to comply with any of the provisions of this Act or any regulations made under this Act;
(b) the licensee has failed to comply with any term or condition of the licence;
(c) the licensee has improperly or illegally obtained the licence; or
(d) there has been any act or omission by the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.
(2) Before the Board makes a decision under subsection (1), the Board shall give the licensee—
(a) a written notice of the intention to suspend or revoke the licence; and
(b) an opportunity to make written representation within a period specified in the written notice which shall not be less than fourteen days from the date of the notice.
(3) The Board shall, after considering the representation made by the licensee under subsection (2), if any, decide whether to suspend the licence for any period or to revoke the licence.
(4) The Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.
(5) If a licence is suspended under subsection (3), the Board may require the licensee to remedy the breach or the contravention within the time specified in the notice issued under subsection (4) and if the Board considers necessary, it may impose additional terms and conditions on the licence.
(6) If the Board is satisfied that the licensee fails to remedy the breach or contravention within the specified time or the licensee has breached the additional terms and conditions under subsection (5), or the breach or contravention continues after the licence is suspended under subsection (3), the Board shall revoke the licence.
(7) A licensee whose licence is—
(a) suspended or revoked shall not be entitled to any compensation for any loss suffered by him as a consequence of the suspension or revocation of the licence under this Act; and
(b) revoked shall not be entitled to any refund of the prescribed fee paid under section 10 or 12.
Appeal to Minister
(1) Any person aggrieved by the refusal of the Board to issue or renew any licence, or by the suspension or revocation of any licence, may appeal to the Minister in the prescribed manner against such refusal, suspension or revocation within thirty days from the date of such refusal, suspension or revocation.
(2) The Minister may, after considering the appeal, make such order as he deems fit and that order shall be final.
Power of court to order revocation of licence
(1) Where any person is convicted of an offence under this Act, the court may, in addition to the penalty that it may impose, order his licence to be revoked.
(2) Where any person to whom a licence has been issued under this Act is convicted of a second or subsequent offence under this Act, the court may, in addition to the penalty that may be imposed, direct that such person be disqualified from holding a licence under this Act for a period not exceeding five years as the court may specify.
(3) Any person who obtains or attempts to obtain a licence while he is disqualified under subsection (2) commits an offence and shall, on conviction, be liable 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.
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).
