1 PART I PRELIMINARY-1. Short title, application and commencement.

(1) This Act may be cited as the Pesticides Act 1974 and shall apply throughout Malaysia .

(2) This Act shall come into operation on a date to be appointed by the Minister by notification in the Gazette ; and the Minister may appoint different dates for the coming into operation of this Act, or of different provisions thereof, in different parts of Malaysia.

2 PART I PRELIMINARY-2. Interpretation.

(1) In this Act, unless the context otherwise requires -

  "Analyst"  means an Analyst appointed under section 34;

  "active ingredient"  means an ingredient, as listed in the First Schedule, which has pesticidal properties and gives pesticidal properties to a substance, material, preparation or mixture, of which the ingredient is one of the constituents of the substance, material, preparation or mixture;

[Ins. Act A1226]

  "analytical standard"  means a substance containing an active ingredient and is used as a reference standard in the analysis of a pesticide;

[Ins. Act A1226]

  "animals"  means -

(a) animals that are useful to man as a source of food or other essentia

3 PART II THE PESTICIDES BOARD-3. Establishment of the Board.

For the purposes of this Act, there is hereby established a board named Pesticides Board and consisting of the following members:

(a) the Director General of Agriculture, who shall be the Chairman;

(b) a senior officer of the Department of Agriculture, West Malaysia, who shall be appointed by the Minister, and be the Secretary;

(c) the Deputy Director General of Health (Public Health);

[Subs. Act A1226]

(d) the Director General of Chemistry;

(e) the Director General of the Malaysian Agricultural Research and Development Institute;

[Am. Act A1226]

(f) the Director General of the Malaysian Rubber Board;

[Subs. Act A1226]

(g) the Controller of the Department of Standards Malaysia;

[Am. Act A1226]

4 PART II THE PESTICIDES BOARD-4. Alternate members.

(1) The Minister may, in relation to each member of the Board, appoint, on the nomination of the member, not more than one person to be an alternate member to attend in place of the member meetings of the Board that the member is for any reason unable to attend.

(2) When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the Board.

5 PART II THE PESTICIDES BOARD-5. Provision of facilities by Ministry.

The Ministry responsible for the Board shall provide it with such staff, funds, and other facilities as are necessary to enable it to carry out its functions.

6 PART II THE PESTICIDES BOARD-6. Proceedings of the Board.

(1) The Chairman shall preside at all meetings of the Board that he attends.

(2) In the absence of the Chairman at a meeting of the Board, the members present shall elect one of themselves to preside at the meeting.

(3) The Chairman or other member presiding at a meeting of the Board shall have a deliberative vote and, if upon any question the votes are equally divided, a casting vote.

(4) The Board shall meet at such places and times as the Chairman may appoint; and at a meeting of the Board seven members including the Chairman or other member presiding shall form a quorum.

[Am. Act A1226]

(5) The Board may invite any person to attend any of its meetings but the person shall have no right to vote at the meeting.

(6) Subject to this section, the Board may regulate its own procedure.

7 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-7. Application for registration of pesticides.

(1) A person desiring to import or manufacture a pesticide shall apply to the Board in the prescribed manner for registration of the pesticide.

[Am. Act A1226]

(2) Subject to subsection (4), an applicant must with his application submit to the Board-

(a) a statement of the common name of the pesticide, if available, its trade name, its chemical name, and its structural formula, and of the name and concentration of every active ingredient of the pesticide;

(b) the name and concentration of every other ingredient of the pesticide;

(c) detailed toxicological information on every ingredient of the pesticide and on the pesticide as a whole;

(d) all matters proposed to be included in the label of the pesticide, including instructions for, and the precautionary measures to be taken in connexion with, its use, the claims made for it and the p

8 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-8. Registration and refusal to register.

(1) Upon receipt of an application duly made under and in accordance with section 7 and the rules, and after compliance by the applicant with any requirement of the Board made under section 7 (3), the Board may, after such inquiry or investigation as it considers proper and necessary to carry out and on payment of the prescribed registration fee, register the pesticide to which the application relates subject to such conditions as the Board thinks fit to impose, state the class of pesticide, assign a registration number thereto, and issue to the applicant a certificate of registration thereof, if the Board is satisfied that -

[Am. Act A1226]

(a) all matters contained in and submitted with the application are true in all material particulars;

(b) the matters proposed to be included in the label of the pesticide, and the proposed package of the pesticide, comply with the rules

9 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-9. Period of registration.

(1) The period of registration of a pesticide shall be five years but the pesticide may, on application by the person on whose application the pesticide was registered and on payment of the prescribed registration fee, be re-registered at the end of every five-year period.

[Am. Act A1226]

(2) An application for re-registration of a pesticide shall be made and dealt with in the same manner as an application for registration under section 7.

10 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-10. Power to cancel registration.

(1) Subject to subsection (2) and without prejudice to any prosecution that may be brought under this Act or the rules or regulations, the Board may order the cancellation of the registration of a pesticide -

(a) upon receipt of a notification in writing from the person on whose application the pesticide was registered, and on being satisfied, that the pesticide has been withdrawn from sale or use;

(b) if the Board considers it undesirable that the pesticide should continue to remain registered owing to its toxicity, inefficacy or adverse effects on human beings, animals, plants, fruits or property;

[Am. Act A1226]

(c) if the pesticide does not conform to the claims made for it in its label;

(d) if its label does not comply with the requirements of this Act or the rules or regulations;

(e) if any of the conditions subject to

10A PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-10A. Registrant shall inform Board about adverse effects of pesticide.

(1) Without prejudice to the power conferred upon the Board under section 10, the person on whose application the pesticide was registered shall inform the Board upon discovering any adverse effects of the pesticide on human beings, animals, plants, fruits or property, within sixty days from such discovery.

(2) Any person who contravenes subsection (1) commits an offence.

[Ins. Act A1226]

11 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-11. Appeal against decision of Board.

(1) If an applicant for registration or re-registration of a pesticide is dissatisfied with the refusal of the Board to register or re-register the pesticide or if the person on whose application a pesticide was registered is dissatisfied with the order of the Board to cancel the registration of the pesticide, the applicant or person, as the case may be, may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

(2) In the case of an appeal against the refusal of the Board to register or re-register a pesticide, the appellant may submit to the Minister any information relating to the pesticide additional to that previously submitted to the Board on condition that it is also at the same time submitted to the Board.

12 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-12. Gazetting of pesticides.

As soon as possible after a pesticide has been registered, re-registered or removed from the register by cancellation, the Board shall cause the fact to be published in the Gazette together with particulars relating to the pesticide sufficient to identify it.

[Am. Act A1226]

13 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-13. Prohibitions as to importation and manufacture, and penalty.

(1) Except as provided in sections 14 and 14A, no person shall import or manufacture -

(a) a misbranded pesticide;

(b) a pesticide that is not for the time being registered on his application under this Act; or

(c) a pesticide otherwise than in accordance with the conditions subject to which it was registered on his application.

(2) Subject to subsection (3), a person who contravenes subsection (1) commits an offence and is liable, on a first conviction, to imprisonment for five years or to a fine of fifty thousand ringgit and, on a second or subsequent conviction, to imprisonment for ten years or to a fine of one hundred thousand ringgit or to both.

[Am. Act A1226]

(3) Notwithstanding subsections (1) and (2), it shall be a defence to a charge under paragraph (a) of subsection (1) of importing or manufacturing a pesticid

14 PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-14. Importation of pesticides for educational or research purposes or as registration sample or analytical standard.

(1) A person desiring to import a pesticide for educational or research purposes or as registration sample or analytical standard shall apply to the Board in the prescribed manner and accompanied with the prescribed application fee, for a permit to import the pesticide.

[Am. Act A1226]

(2) Upon receipt of an application under subsection (1), the Board may, if it is satisfied that the pesticide desired to be imported is intended solely for educational or research purposes or as a registration sample or an analytical standard, issue to the applicant a permit in the prescribed form subject to such conditions as the Board thinks fit to impose, including conditions as to the disposal of any unused surplus of the pesticide.

[Am. Act A1226]

(3) If an applicant for a permit under this section is dissatisfied with the refusal of the Board to issue to him the permit, he may appeal to t

14A PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT-14A. Research or experiment on unregistered pesticides synthesized in Malaysia.

(1) A person desiring to carry out any research or experiment outside the laboratory on an unregistered pesticide synthesized in Malaysia shall apply to the Board in the prescribed manner, and accompanied with the prescribed application fee, for a permit to carry out the research or experiment.

(2) Upon receipt of an application under subsection (1), the Board may, if it is satisfied that the pesticide desired to be researched or experimented on is intended solely for the purpose of research or experiment, issue to the applicant a permit in the prescribed form subject to such conditions as the Board thinks fit to impose, including conditions as to the disposal of any unused surplus of the pesticide.

(3) If an applicant for a permit under this section is dissatisfied with the refusal of the Board to issue to him the permit, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

15 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-15. Licence to manufacture pesticides.

(1) A person desiring to manufacture a pesticide shall apply to the Board in the prescribed manner, and accompanied with the prescribed application fee, for a licence to manufacture the pesticide.

[Am. Act A1226]

(2) Upon receipt of an application duly made under subsection (1) and in accordance with the rules, the Board may issue to the applicant a licence in the prescribed form subject to such conditions as the Board thinks fit to impose, if the Board is satisfied that-

[Am. Act A1226]

(a) the pesticide to which the application relates is for the time being registered under this Act on the application of the applicant;

(b) the applicant is technically competent to manufacture the pesticide; and

(c) the applicant is aware of the toxicity of the pesticide and of the risks involved in the use and handling thereof, and is

16 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-16. Appointment of Pesticides Licensing Officers.

For the purpose of this Act, the Minister may by notification in the Gazette appoint such number of officers of any Department of Agriculture as he considers necessary, to be Pesticides Licensing Officers for specified areas.

17 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-17. Licence to sell or store pesticides.

(1) A person desiring to sell or store for sale a pesticide shall, in the prescribed manner, and accompanied with the prescribed application fee, apply for a licence for that purpose to the Pesticides Licensing Officer for the area in which he resides or, in the case of a body corporate or firm, in which the body corporate or firm has its place or principal place of business.

[Am. Act A1226]

[Am. PU(A) 364/2003 - Applies to the Revised Version published in the year 2001 incorporating all amendments up to 31 March 2001]

(2) Upon receipt of an application duly made under subsection (1) and in accordance with the rules, the Pesticides Licensing Officer may issue to the applicant a licence in the prescribed form subject to such conditions as the Pesticides Licensing Officer thinks fit to impose, if he is satisfied that -

[Am. Act A1226]

18 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-18. Revocation and suspension of licence.

(1) If the Board, in the case of a licence to manufacture, or the proper Pesticides Licensing Officer, in the case of a licence to sell or store for sale, is satisfied that -

(a) the application on which the licence has been granted under section 15 or 17, as the case may be, contains a misrepresentation as to a material fact; or

(b) the holder of the licence has failed to comply with any of the conditions subject to which it was issued or has contravened any of the provisions of this Act or the rules or regulations,

the Board or Pesticides Licensing Officer, as the case may be, may, without prejudice to any prosecution that may be brought under this Act or the rules or regulations, but subject to subsection (2), revoke the licence, suspend it for such period as the Board or Pesticides Licensing Officer, as the case may be, thinks fit, or refuse to renew it.

(2) Before acting under subsection (

19 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-19. Appeal against decision of Board or Pesticides Licensing Officer.

If an applicant for a licence or a holder of a licence, as the case may be, is dissatisfied with the refusal of the Board or Pesticides Licensing Officer to grant or renew a licence under section 15 or 17, or the decision of the Board or Pesticides Licensing Officer to revoke, suspend, or refuse to renew his licence under section 18, he may appeal to the Minister whose decision shall be final and shall not be called into question in any court.

20 PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING-20. Offences relating to manufacture, sale, and storage for sale.

(1) No person shall manufacture, sell, or store for sale a pesticide unless he is licensed to do so under this Act or otherwise than in accordance with the conditions of a licence to do so issued to him under this Act.

(2) No person shall sell or store for sale a pesticide other than at the premises specified in a licence issued to him under section 17.

(3) No person, whether or not he is licensed under this Act, shall sell or store for sale a pesticide that is misbranded or isnot for the time being registered under this Act.

[Am. Act A1226]

(4) A person who contravenes any of the provisions of this section commits an offence and is liable, on a first conviction, to imprisonment three years or to a fine of ten thousand ringgit and, on a second or subsequent conviction, to imprisonment for six years or to a fine of twenty thousand ringgit or to both.

[Am. Act A1226]

21 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-21. Regulations to control presence of pesticides in food.

(1) The Minister may, after consulting the Board and the Minister responsible for health services, make regulations to prohibit -

(a) the addition to or the use or presence in food or any specified kind thereof; or

(b) the treatment of food or any specified kind thereof,

of or with any specified pesticide or more than the specified quantity, proportion, strength, or concentration thereof.

(2) Regulations made under subsection (1) may provide that, unless the contrary is proved, a specified contravention of any prohibition therein shall be presumed to have been committed by a specified person or persons in respect of any specified food if there is present therein a specified pesticide or a specified quantity, proportion, strength, or concentration thereof.

22 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-22. Entry, inspection and seizure.

An authorized officer may -

(a) at all reasonable times enter into and inspect any place where he has reason to believe that there is any food intended for sale;

(b) inspect any food, wherever found, that he has reason to believe to be intended for sale;

(c) seize, detain, or remove any such food that is or appears or is believed to be contaminated food, and may mark, seal, or otherwise secure the food in order to effect seizure, detention, or removal thereof.

23 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-23. Power to demand, select and take samples.

(1) On payment or tender to a person selling any food, or to his agent or servant, of the current market value thereof, if demanded, an authorized officer may at any place demand, select, and take or obtain samples of the food for the purpose of analysis to determine whether the food is contaminated food.

(2) If any food is kept for retail sale in an unopened package, the authorized officer shall not demand or take less than the whole of the contents of the package.

(3) A person who refuses or neglects to comply with a demand made by an authorized officer in pursuance of this section commits an offence.

24 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-24. Right to analysis of food.

(1) A person who has bought any food shall, on payment of the prescribed fee, be entitled to have a sample of the food analysed by an Analyst in order to determine whether the food is contaminated food, and to receive from him a certificate of analysis.

(2) A person, other than the seller of the food, may, on payment of the prescribed fee and the cost of the sample, require an authorized officer to purchase a sample of any food and submit it for analysis by an Analyst in order to determine whether the food is contaminated food.

25 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-25. Offence of selling contaminated food.

A person who sells any contaminated food commits an offence.

26 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-26. Ignorance of contamination not a defence.

In a prosecution for an offence under section 25 it shall be no defence that the accused did not know that the food in question was contaminated food unless he also proves that he had taken all reasonable steps to ascertain that the food was not contaminated food.

27 PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD-27. Defence of reliance on written warranty or statement.

(1) Subject to subsections (2) and (3), it shall be a defence in a prosecution for an offence under section 25 that -

(a) the accused purchased the food sold by him in reliance on a written warranty or other written statement as to the nature of the food, given or made by or on behalf of the person from whom he purchased it; and

(b) the accused had no reason to believe that the food sold did not conform to such warranty or statement; and

(c) if the food had conformed to such warranty or statement, it would not have been contaminated food.

(2) No such warranty or statement given or made by a person resident outside Malaysia shall be a defence under subsection (1) unless the accused proves that he had taken reasonable steps to ascertain, and did in fact believe in, the truth of the matters set forth in the warranty or statement.

(3) No such warranty or statement

28 PART VI DEATH AND INJURY OCCASIONED BY PESTICIDES-28. Reporting of accident, death and personal injury.

(1) Whenever an accident that occasions loss of human life or personal injury occurs as a result of the fumigation, spraying, or any other mode of treatment of plants, premises, or articles, including ships and vehicles, with a pesticide, the person by whom, or by whose servant or agent, the fumigation, spraying, or treatment was carried out shall forthwith send or cause to be sent to the Minister notice of the accident and of the loss of human life or personal injury.

(2) Whenever an accident that occasions loss of human life or personal injury is suffered by an employee as a result of the handling, use, or presence of or contact with or exposure to a pesticide in the course of his employment, his employer shall forthwith send or cause to be sent to the Minister notice of the accident and of the loss of human life or personal injury.

(3) Whenever a registered medical practitioner finds or has reason to believe that a person has died or

29 PART VI DEATH AND INJURY OCCASIONED BY PESTICIDES-29. Inquiry into and investigation of accident, death and personal injury.

(1) The Minister may direct an inquiry to be made by such person or persons as he may appoint into the cause of an accident, death, or personal injury of which notice is required by section 28 to be given to him and, if it appears to him, either before or after the commencement of the inquiry, that a more formal investigation of the accident, death, or personal injury and of the causes and circumstances thereof is expedient, he may direct a formal investigation to be held.

[Am. PU(A) 364/2003 - Applies to the Revised Version published in the year 2001 incorporating all amendments up to 31 March 2001]

(2) The following provisions shall apply to inquiries and investigations made or held under this section:

(a) the Minister may appoint any person or persons possessing legal or special knowledge to assist in holding a formal investigation, or direct a Magistrate or any other person or per

30 PART VI DEATH AND INJURY OCCASIONED BY PESTICIDES-30. Inquiry or inquest in cases of death occasioned by pesticides.

(1) An appropriate Magistrate shall hold, under the relevant law, an inquiry or inquest in every case of death that may have been occasioned by a pesticide or in which a pesticide may have been involved, unless the case is one in which, under the relevant law, it is not necessary to hold, or the Magistrate is enjoined not to hold, an inquiry or inquest, as the case may be, by reason that criminal proceedings have been, or are about to be, instituted or commenced against any person for having caused the death.

(2) The Magistrate shall, at least seven days before holding the inquiry or inquest, send to the Minister notice in writing of the time and place of holding the inquiry or inquest.

[Am. PU(A) 364/2003 - Applies to the Revised Version published in the year 2001 incorporating all amendments up to 31 March 2001]

(3) If, in the course of any inquiry or inquest, it appears to the Magistrate holding the inq

31 PART VII ENFORCEMENT-31. Entry, search and seizure.

An authorized officer may at all reasonable times enter into any place where a pesticide is or may reasonably be supposed to be kept or stored and, by himself or by some other person accompanying him and acting under his instructions and in his presence, may search the place and may -

(a) examine and, on payment of the current market value thereof, if demanded, take samples of any substance found in the place and reasonably believed to be or to contain a pesticide;

(b) require the production of, inspect, make copies of, or take extracts from, any book or record relating or reasonably believed to relate to any dealing in or with pesticides and kept or found in the place and may, if he has reason to believe that it may furnish evidence of the commission of an offence against this Act or the rules or regulations, seize it;

(c) seize, detain, or remove any substance found therein that is reaso

32 PART VII ENFORCEMENT-32. Power to stop and search conveyances.

(1) If an authorized officer has reasonable suspicion that a conveyance is carrying a pesticide in contravention of this Act or the rules or regulations or in respect of which an offence against this Act or the rules or regulations is being or has been committed, he may stop and examine the conveyance and seize any pesticide found therein in respect of which the contravention or offence is suspected to be or to have been committed and any book or document that is reasonably believed to furnish evidence of the contravention or of the commission of the offence.

(2) The person in control or in charge of the conveyance shall, if required to do so by the authorized officer -

(a) stop the conveyance and allow the authorized officer to examine it; and

(b) open all parts of the conveyance for examination and take all measures to enable or facilitate the carrying out of such examination as the authorized of

33 PART VII ENFORCEMENT-33. Identification of officers when taking action.

(1) An authorized officer must, if not in uniform, on demand declare his office and produce to the person against whom he is acting, the prescribed certificate of identity.

[Subs. Act A1226]

(2) A person may refuse to comply with a request, requisition, demand, or order made by an authorized officer acting or purporting to act under this Act if he is not in uniform and refuses, on demand by the person, to declare his office and produce his certificate of identity.

[Am. Act A1226]

34 PART VIII ANALYSIS-34. Appointment of Analysts.

For the purposes of this Act, the Minister may by notification in the Gazette appoint such number of competent persons as he considers necessary, to be Analysts.

35 PART VIII ANALYSIS-35. Manner of taking samples.

(1) An authorized officer shall, before or forthwith after taking or obtaining a sample of any substance under this Act for analysis, inform the seller or his agent or servant or the person apparently having possession, custody, or control of the lot from which the sample is to be or was taken or obtained that he intends to have the sample analysed by an Analyst.

(2) The authorized officer shall thereupon divide the sample into three approximately equal parts and shall mark and seal or fasten, in such manner as its nature will permit, each such part and shall offer one of such parts to the seller or his agent or servant or the person apparently having possession, custody, or control of the lot from which the sample was taken or obtained.

(3) The authorized officer shall subsequently deliver, either personally, by registered post or courier service, another of such parts to an Analyst, and shall retain the third of such parts for future

35A PART VIII ANALYSIS-35A. Time to commence analysis.

Where any substance has been purchased, taken or obtained from a person under this Act for the purpose of analysis, the analysis of that substance shall be commenced within sixty days from the time of purchasing, taking or obtaining the substance.

[Ins. Act A1226]

36 PART VIII ANALYSIS-36. Court may order analysis.

If a sample has been dealt with in accordance with section 35, the court before which a person is prosecuted for an offence against this Act or the rules or regulations shall, on the request of either the prosecutor or the accused, and may, if it thinks fit, without such request, order that the part of the sample retained by the authorized officer be submitted to another Analyst for analysis.

37 PART VIII ANALYSIS-37. Right to analysis of pesticide.

(1) A person who has bought a pesticide shall, on payment of the prescribed fee, be entitled to have a sample of the pesticide analysed by an Analyst and to receive from him a certificate of analysis.

(2) A person, other than the seller of the pesticide, may, on payment of the prescribed fee and the cost of the sample, require an authorized officer to purchase a sample of any pesticide and submit it for analysis by an Analyst.

38 PART VIII ANALYSIS-38. Certificate of Analyst.

(1) The certificate of analysis of an Analyst shall be in the prescribed form.

(2) If a method of analysis has been prescribed by regulations made under this Act for the analysis of any food or pesticide, an Analyst, whether for the prosecution or for the defence, shall follow, and shall in his certificate declare that he has followed, the prescribed method in his analysis.

(3) A copy of the certificate of analysis of a sample of any food or pesticide taken or obtained by an authorized officer may, on payment of the prescribed fee, be obtained from the appropriate Analyst by the seller of the food or pesticide or his agent or servant, or by the person having possession, custody, or control of the lot from which the sample was taken or obtained.

39 PART VIII ANALYSIS-39. Certificate of Analyst to be prima facie evidence.

(1) A certificate of analysis purporting to be under the hand of an Analyst and complying with section 38 (2) shall, on production thereof by the prosecutor, be sufficient evidence of the facts stated therein unless the accused requires that the Analyst be called as a witness, in which case he shall give notice thereof to the prosecutor not less than ten clear days before the day fixed for the hearing of the case.

(2) In like manner such a certificate of analysis shall, on production thereof by the accused, be sufficient evidence of the facts stated therein unless the prosecutor requires that the Analyst be called as a witness, in which case he shall give notice thereof to the accused not less than ten clear days before the day fixed for the hearing of the case.

(3) If the accused intends to put in evidence a certificate of analysis of an Analyst, he shall send to the prosecutor a certified copy of the certificate at least fourteen clea

40 PART VIII ANALYSIS-40. Recovery of fees and other expenses.

(1) Where a person is convicted of an offence against this Act or the rules or regulations, the court may order that all fees and other expenses incurred in respect of the analysis of any food or pesticide in respect of which the conviction is obtained, including an analysis made pursuant to section 36, be paid by the person.

(2) All such fees and expenses shall be recoverable in the same manner as a fine is recoverable.

41 PART IX PROCEEDINGS-41. Notice of seizure, detention or removal.

If the seizure, detention, or removal of any substance under this Act is made in the absence of a person having or apparently having lawful possession, custody, or control of the substance, the authorized officer making or effecting the seizure, detention, or removal shall forthwith give notice thereof in writing to the owner or to the agent of the owner, or to the consignor or consignee, of the substance, if his name and address are attached thereto or, after reasonable inquiries or otherwise, are known to the authorized officer, and the address is in Malaysia.

42 PART IX PROCEEDINGS-42. Complaints as to seizure, detention or removal.

(1) A person claiming any substance seized, detained, or removed under this Act may, at any time, but not later than forty-eight hours, after its seizure, detention, or removal or, if notice under section 41 has been given to any person, after receipt of the notice by the person, complain thereof to a Magistrate who shall hear and determine the complaint and who may confirm or disallow the seizure, detention, or removal wholly or in part or order the substance to be restored to the person who appears to the Magistrate to be entitled to possession thereof.

[Am. PU(A) 364/2003 - Applies to the Revised Version published in the year 2001 incorporating all amendments up to 31 March 2001]

(2) The Magistrate shall not disallow the seizure, detention, or removal, whether wholly or in part, unless he is satisfied -

(a) that it was unlawful; or

(b) if it was lawful, that no con

43 PART IX PROCEEDINGS-43. Summons.

(1) The summons in a prosecution for an offence against this Act or the rules or regulations shall not be returnable in less than twenty-one days from the date of service thereof.

(2) There shall be served with the summons a copy of the certificate of analysis of an Analyst, if any, intended to be introduced in evidence by the prosecution.

44 PART IX PROCEEDINGS-44. [Deleted by Act A1226].

45 PART IX PROCEEDINGS-45. Presumption as to importer or manufacturer.

For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a pesticide found in an unopened package, the person who appears from the label of the pesticide to have imported or manufactured it shall, unless he proves the contrary, be deemed to have imported or manufactured it.

45A PART IX PROCEEDINGS-45A. Label as evidence of substance being a pesticide.

For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a substance found in a package, the label on the package describing the substance to be a pesticide shall be prima facie evidence that the substance is a pesticide, unless the contrary is proved.

[Ins. Act A1226]

45B PART IX PROCEEDINGS-45B. Presumption for sale or storage for sale.

For the purpose of a prosecution for an offence against this Act or the rules or regulations in respect of a pesticide not registered under this Act that is found in any premises which have been licensed for the sale or storage for sale of pesticides, such pesticide shall, unless the contrary is proved, be deemed to be intended for sale or is being stored for sale.

[Ins. Act A1226]

46 PART IX PROCEEDINGS-46. Liability of agent, servant, principal and employer.

(1) If a person does an act that constitutes an offence against this Act or the rules or regulations, he shall be liable for the act whether he does it on his own account or as an agent or servant of another person.

(2) If the act is done by an agent or servant, his principal or employer shall be liable for the act as if he had done it himself, unless he proves that it was done neither with his consent nor with his connivance and that it was not attributable to any neglect on his part.

47 PART IX PROCEEDINGS-47. Liability of directors and other officers of bodies corporate.

(1) If an offence against this Act or the rules or regulations that has been committed by a body corporate is proved to have been committed with the consent or connivance, or to have been attributable to any neglect on the part, of a director, manager secretary, or other similar officer of the body corporate, or a person purporting to act in any such capacity, the director, manager, secretary, officer, or person, as the case may be, shall be deemed to have also committed that offence, and both he and the body corporate are liable to be proceeded against and punished therefor.

(2) For the purpose of subsection (1), the director of a body corporate that is established by or under any law and whose affairs are managed by its members, includes a member of the body corporate.

48 PART IX PROCEEDINGS-48. Offence as to sample deemed offence as to the whole lot.

If, in a prosecution for an offence against this Act or the rules or regulations, the offence is proved with regard to a sample of any substance, the offence shall be deemed to have been proved with regard to the whole lot from which the sample was taken or obtained or to all of the substance bought, taken, or obtained at the same time as the sample.

49 PART IX PROCEEDINGS-49. Forfeiture of offending substances.

(1) The court before which a person is prosecuted for an offence against this Act or the rules or regulations relating to any substance shall -

(a) upon conviction of the person for the offence; or

(b) if it is satisfied that the offence has been committed, notwithstanding that no person has been convicted thereof,

order that the substance and any similar substance found in the premises of the accused or in his possession at the time of the commission of the offence, together with all packages and vessels thereof, be forfeited and be disposed of at the direction of the Minister, and in the case of disposal upon the conviction of a person for an offence against this Act or the rules or regulations, the cost of such disposal shall be borne by the person convicted of the offence.

[Am. Act A1226]

(2) In any other case, the court shall order the resto

50 PART IX PROCEEDINGS-50. Jurisdiction.

Notwithstanding anything to the contrary contained in any other written law, a Court of a First Class Magistrate shall have jurisdiction to try any offence against this Act or the rules or regulations and to impose the full penalty provided therefor.

[Am. Act A1226]

51 PART IX PROCEEDINGS-51. Privilege from disclosure.

No prosecutor or witness in a prosecution for an offence against this Act or the rules or regulations shall be compelled to disclose the fact that he received any information or the nature of the information or the name of the person who gave the information or to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto.

52 PART IX PROCEEDINGS-52. Notification of conviction.

A notification of the name and occupation of a person who has been convicted of an offence against this Act or the rules or regulations and of the address or addresses of his place or places of business, the nature of the offence, the penalty imposed and any order made shall, if the court so orders, be published in any newspaper circulating in Malaysia or in any part thereof.

53 PART X GENERAL-53. Giving or making false information or statement.

A person who, in making an application under this Act other than an application for a licence to sell or store for sale a pesticide, gives information or makes a statement 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 was false and had taken all reasonable steps to ascertain the truth thereof, commits an offence and is liable to imprisonment for one year or to a fine of twenty-five thousand ringgit or to both.

[Am. Act A1226]

53A PART X GENERAL-53A. Possession or use of unregistered pesticides and unapproved use of pesticides.

(1) Except as provided in sections 14 and 14A, no person shall—

(a) possess or use a pesticide that is not for the time being registered under this Act; or

(b) use a pesticide otherwise than in accordance with the uses stipulated on the label, as approved by the Board.

(2) Any person who contravenes subsection (1) commits an offence and is liable on a first conviction, to imprisonment for one year or to a fine of ten thousand ringgit and, on a second or subsequent conviction, to imprisonment for three years or to a fine of twenty thousand ringgit or to both.

[Ins. Act A1226]

54 PART X GENERAL-54. Interference with official marks.

A person who without authority opens, alters, breaks, removes, or erases any mark, fastening, or seal placed by an authorized officer in pursuance of the provisions of this Act upon any substance or upon any package, place, door, or opening containing or affording access to the substance commits an offence.

55 PART X GENERAL-55. Secrecy.

Except for the purposes of this Act or of an investigation into or prosecution for an offence against this Act or the rules or regulations, no person shall disclose any information that he has obtained in the course of his duties under this Act and if he does so he commits an offence.

56 PART X GENERAL-56. General penalty.

56.

A person who commits an offence against this Act or the rules or regulations, for which no other penalty is specifically provided thereby, is liable, on a first conviction, to imprisonment for six months or to a fine of five thousand ringgit and, on a second or subsequent conviction, to imprisonment for one year or to a fine of ten thousand ringgit or to both.

[Am. Act A1226]

57 PART X GENERAL-57. Rules and regulations.

(1) The Minister may, after consulting the Board, make rules or regulations to carry out the purposes of this Act and to give effect to the provisions thereof and in particular, but without prejudice to the generality of the foregoing power, such rules or regulations may-

(a) prescribe the procedure to be followed and the forms to be used in making applications under this Act and the fees payable therefor;

(b) provide generally for matters connected with registration, licensing, and the issue of permits;

(c) prescribe the procedure for appeals and showing cause under this Act;

(d) prescribe the manner of testing and analysing samples of any food or pesticide;

(e) prescribe the measures to be taken and the practice to be followed or avoided by manufacturers and employers for the protection, safety, and well-being of their workers engaged in the manufacture

58 PART X GENERAL-58. Amendment of Schedules.

The Minister may from to time, after consulting, or on the advice of, the Board, by order amend the First and Second Schedules.

59 PART X GENERAL-59. Exemption.

The Minister may, by order published in the Gazette and subject to such conditions as he may specify therein, exempt any person from any provision of this Act or the rules or regulations.

60 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-60. Removal of certain substances from F.M. 29/52.

(1) Subject to and except as provided by subsection (2), the Poisons Act 1952 shall cease to apply to the substances listed in Part I of the Third Schedule to this Act and accordingly the Act is amended by -

(a) deleting from the Poisons List set out in the First Schedule thereto all entries relating to those substances; and

(b) deleting from the Appendix to the said Poisons List the entries listed in Part II of the Third Schedule to this Act.

(2) Notwithstanding subsection (1) and the other provisions of this Act -

(a) a person who, by virtue of a licence issued, under the Act or the regulations made thereunder, before the coming into operation of this section, would, but for this Act, be entitled to do any act or thing in relation to a substance listed in Part I of the Third Schedule to this Act may, during the period for which the licence is valid, con

61 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-61. Control in West Malaysia of substances that are both poisons and pesticides.

(1) This section shall apply in relation to a substance that is both a poison as defined in the Poisons Act, 1952 and a pesticide as defined in this Act.

(2) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under the Act or the regulations made thereunder or would not, but for the Act, constitute an offence by virtue of a licence, authorization, exemption, or exception under, or any provision of, the Ordinance or the regulations made thereunder, shall not be liable to be prosecuted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under this Act or the rules or regulations or would not, but for the Ordinance, constitute an offence by virtue of a registration, licence, permit, authorization, exemption, or exception under, or any provision of, this Act or t

62 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-62. Removal of certain substances from Sabah Cap. 100.

[See P.U. (A) 157/78 - Modification of Laws (Dangerous Drugs and Poisons) (Extension and Modification) Order 1978]

(1) Subject to and except as provided by subsection (2), the Poisons and Deleterious Drugs Ordinance of the State of Sabah shall cease to apply to the substances listed in Part III of the Third Schedule to this Act and accordingly the Act, is amended by deleting from the First Schedule thereto all entries relating to those substances.

(2) The Act is further amended by deleting the words "Substances for use in agriculture and horticulture" appearing against the entry "Metanitrophenol; orthonitrophenol; and paranitrophenol" added to the First Schedule thereto by State of Sabah Gazette No. S. 33 of 1969.

(3) Notwithstanding subsection (1) and the other provisions of this Act -

(a) a person who, by virtue of a licence issued under the Act before the coming in

63 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-63. Control in the State of Sabah of substances that are both poisons and pesticides.

* [See P.U. (A) 157/78]

(1) This section shall apply in relation to a substance that is both a poison as defined in the Poisons and Deleterious Drugs Ordinance of the State of Sabah and a pesticide as defined in this Act.

(2) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under the Ordinance or would not, but for this Act, constitute an offence by virtue of a licence, authorization, exemption, or exception under, or any provision of, the Ordinance, shall not be liable to be prosecuted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under this Act or the rules or regulations or would not, but for the Ordinance, constitute an offence by virtue of a registration, licence, permit, authorization, exemption, or exception under,

64 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-64. Removal of certain substances from Sarawak Cap. 121.

* [See P.U. (A) 157/78]

(1) Subject to and except as provided by subsection (2), the Poisons Ordinance of the State of Sarawak shall cease to apply to the substances listed in Part IV of the Third Schedule to this Act and accordingly the Ordinance is amended by deleting from the Poisons List set out in the Schedule thereto all entries shown in the said Part IV.

(2) Notwithstanding subsection (1) and the other provisions of this Act -

(a) a person who, by virtue of a licence issued, under the Ordinance or the rules made thereunder, before the coming into operation of this section, would, but for this Act, be entitled to do any act or thing in relation to a substance listed in Part IV of the Third Schedule to this Act may, during the period for which the licence is valid, continue to do that act or thing subject to the terms, conditions, or limitations of the licence and shall, in doing

65 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-65. Control in the State of Sarawak of substances that are both poisons and pesticides.

* [See P.U. (A) 157/78]

(1) This section shall apply in relation to a substance that is both a poison as defined in the Poisons Ordinance of the State of Sarawak and a pesticide as defined in this Act.

(2) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under the Ordinance or would not, but for this Act, constitute an offence by virtue of a licence, authorization, exemption, or exception under, or any provision of, the Ordinance, shall not be liable to be prosecuted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to that substance, which act or thing is authorized by or under this Act or the rules or regulations or would not, but for the Ordinance, constitute an offence by virtue of a registration, licence, permit, authorization, exemption, or exception under, or any provision of

66 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-66. Repeal of F.M. 15/49 and Sabah Cap. 99.

(1) The Poisons (Sodium Arsenite) Ordinance 1949 and the Poisons (Agricultural and Industrial) Ordinance of the State of Sabah are repealed.

(2) A person who does an act or thing in relation to sodium arsenite, which act or thing is authorized by the regulations made under the Ordinances or would not, but for this Act, constitute an offence whether by virtue of a licence, or permit under, or any provision of, the regulations, shall not be liable to be prosecuted under this Act or the rules or regulations for doing that act or thing.

(3) A person who does an act or thing in relation to sodium arsenite which act or thing is authorized by or under this Act or the rules or regulations or would not, but for the regulations made under the Ordinances, constitute an offence by virtue of a registration, licence, permit, authorization, exemption, or exception under, or any provision of, this Act or the rules or regulations, shall not be liable to

67 PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS-67. Amendment of F.M. 29/52.

The Poisons Act 1952 is amended by deleting section 21 (3).