Offence by partner, agent or servant
Any person who would have been 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 committed by him personally shall be liable to the same penalty if the act, omission, neglect or default was committed by his partner, agent or servant unless he proves—
(a) that the act, omission, neglect or default was committed without his knowledge, consent or connivance; and
(b) that he took all reasonable precautions and had exercised due diligence to prevent the act, omission, neglect or default.
Offence by body corporate
Where a body corporate commits an offence under this Act or any regulations made under this Act, any person who at the time of the commission of the offence was a director, chief executive officer, manager, secretary or other similar officer of the body corporate or was purporting to act in any such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management shall, as well as the body corporate, be deemed to have committed that offence unless he proves that the offence was committed without his knowledge, consent or connivance and that he had taken all reasonable precautions and had exercised due diligence to prevent the commission of the offence.
Failure to comply with lawful order
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, 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.
Information and informer not to be disclosed
(1) Except as provided in this section, no witness in any civil or criminal proceedings pursuant to this Act shall be obliged or permitted to disclose the name or address of any informer or the substance and nature of the information received from him or state any matter which might lead to his discovery.
(2) If a book or document which is in evidence or is liable to inspection in any civil or criminal proceedings contains any entry which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.
(3) If in a trial for an offence under this Act the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he
knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.
Protection against legal proceedings
No action or prosecution shall be brought, instituted or maintained in any court against—
(a) any member of the Board, analyst or any authorized officer for or on account of or in respect of any act ordered or done for the purpose of carrying into effect of this Act; and
(b) any other person for or an account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the Minister, the Board or any officer duly authorized under this Act,
if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.
Compounding of offences
(1) The authorized officer may, with the consent of the Public Prosecutor, compound any offence committed by any person under this Act or regulations made under it and prescribed by the Minister to be a compoundable offence by making a written offer to the person to compound the offence upon payment to the authorized officer of such amount not exceeding fifty per centum of the amount of maximum fine for that offence within the period specified in the offer.
(2) An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.
(3) If the amount specified in the offer is not paid within the period specified in the offer or within such extended period as
the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.
(4) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer to compound was made and any feed, feed additive or the proceeds of its sale, or any receptacle, package, conveyance, book, document or other thing seized in connection with the offence may be released or forfeited by the authorized officer in accordance with the terms and conditions of the compound.
Giving or making false information or statement
Any person who gives information or makes a statement on the requirement of this Act, that is false in any material particular, unless he proves that he did not know and had no reason to suspect that the information or statement is false and had taken all reasonable steps to ascertain the truth of the information or statement, 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.
Interference with official marks
Any person who without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by an authorized officer pursuant to the provisions of this Act upon any feed or feed additive, or upon any package, place, door or opening containing or affording access to the feed or feed additive 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.
Obstruction of authorized officers in the execution of their duties
Any person who obstructs or assaults any authorized officer in the execution of his duties under this Act 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.
Secrecy
(1) Except for the purposes of this Act or for the purposes of any criminal proceedings under this Act, no authorized officer shall disclose any information relating to any matter which has been obtained by him in the course of his duties and which is not published in any Gazette pursuant to this Act.
(2) Any authorized officer who knowingly contravenes subsection (1) 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.
Jurisdiction to try offences
Notwithstanding any written law to the contrary, a Magistrate Court shall have jurisdiction to try any offence under this Act or any regulations made under this Act, and to impose full punishment for any such offence.
Prosecution
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.
Power to make regulations
(1) The Minister may, after consulting the Board, make such regulations as may be necessary or expedient for the purpose of carrying into effect 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 analyst’s qualifications, conduct and duties;
(b) to prescribe all matters relating to application, renewal, suspension and revocation of licence to import feed or feed additive;
(c) to prescribe the terms, conditions and restrictions of licence to import feed or feed additive;
(d) to prescribe all matters relating to feed specifications and standards and make provisions for giving effect to such specifications and standards;
(e) to prescribe all matters relating to the transporting, storing, keeping, labelling and packaging of feed or feed additive;
(f) to prescribe all matters relating to the use of feed additive, antibiotics, hormones or other chemicals;
(g) to regulate the manufacture, sale, advertisement and use of feed or feed additive;
(h) to prescribe the method of analysis of feed and the form of certificate of analysis;
(i) to designate laboratories and provide for its functions;
(j) to prescribe the fees payable under this Act;
(k) to prescribe the offences which may be compounded; and
(l) to provide for such other matters as are contemplated by, or necessary for giving full effect to, the provisions of this Act and for their due administration.
(3) The regulations made under subsection (2) may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding two years or both for such offence.
Transitional provisions
(1) Any person who, on the date of the coming into operation of this Act, has been importing feed or feed additive and intends to continue importing feed or feed additive shall, within six months from the date of the coming into operation of this Act, apply for a licence under section 10.
(2) Upon receipt of an application under subsection (1) the Board shall issue an acknowledgement of receipt to such person.
(3) Where an application for a licence is refused, the Board shall send a notice to the applicant notifying the applicant of the refusal and the notice shall also direct the applicant to cease to carry out the importation of feed or feed additive within the period specified in the notice.
(4) Any person referred to in subsection (1) who is aggrieved by the decision of the Board in refusing to issue a licence to import feed or feed additive may appeal to the Minister under section 15.
(5) Any person referred to in subsection (1) may continue to undertake such activity pending determination of his application for a licence or of his appeal to the Minister.
DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA
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).
