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

(1) This Act may be cited as the Food Act 1983 and shall apply throughout Malaysia.

(2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint and the Minister may appoint different dates for the coming into force of this Act for different States in Malaysia or for different provisions of this Act.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires:

"  advertisement  " includes any representation by any means whatsoever for the purposes of promoting directly or indirectly the sale or other disposal of any food;

"  analyst  " means any analyst appointed under section 3;

" animal " includes any quadruped or bird either domesticated or otherwise, fish, reptile or insect; whole or part of which are used for human consumption;

"  appliance  " includes the whole or any part of any utensil, machinery, instrument, apparatus, or article used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of food;

[Subs. Act A1117]

Prior tex

3 PART II ADMINISTRATION AND ENFORCEMENT-3. Appointment of analysts and authorised 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 authorised officers as he may consider necessary for the purposes of this Act and every authorised officer shall be issued with a Certificate of Authorisation 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, authorise any public officer to procure for analysis samples of any food, and thereupon that officer shall have all the powers of an authorised officer under this Act, an

3A PART II ADMINISTRATION AND ENFORCEMENT-3A. 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.

[Ins. Act A1117]

4 PART II ADMINISTRATION AND ENFORCEMENT-4. Powers of authorised officers.

(1) An authorised officer may at any time reasonable for the proper and better performance of his duty:

[Am. Act A1117]

(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;

[Subs. Act A1117]

Prior text read "(a) enter any premises where he believes any food to which this Act applies is prepared, preserved, packaged, stored, conveyed, distributed or sold, examine any such food and take samples thereof, and examine anything that he believes is used, or capable of being used for such preparation, preservation, packaging, storing, conveying, distribution or sale;"

(b) stop, search or detain any a

5 PART II ADMINISTRATION AND ENFORCEMENT-5. 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 authorised officer may at any place demand and select and take or obtain samples of the food for the purpose of analysis.

(2) An authorised 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 authorised 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 authorised officer to sell less than the whole of the contents of such package.

(5) Any person who refuses or neglects to comply with an

6 PART II ADMINISTRATION AND ENFORCEMENT-6. Procedure for taking sample.

(1) Where it is intended to submit any sample of any food for analysis the authorised 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.

7 PART II ADMINISTRATION AND ENFORCEMENT-7. 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 authorised 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.

8 PART II ADMINISTRATION AND ENFORCEMENT-8. Power to call for information.

(1) If any authorised 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.

[Am. Act A1117]

(2) Any authorised 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 authorised officer shall, unle

9 PART II ADMINISTRATION AND ENFORCEMENT-9. 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 in

10 PART II ADMINISTRATION AND ENFORCEMENT-10. Director may order food premises or appliances to be put into hygienic and sanitary condition.

[Am. Act A1117]

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 appliance 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 authorised by him in this particular respect is not satisfied that the premises

11 PART II ADMINISTRATION AND ENFORCEMENT-11. Closure of insanitary premises.

The Director or an officer authorised 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 authorised 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.

---

12 PART II ADMINISTRATION AND ENFORCEMENT-12. 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.

12A PART II ADMINISTRATION AND ENFORCEMENT-12A. Meaning of "owner of the rights of the manufacturer or packer".

(1) For the purposes of this Part, the term "owner rights of the manufacturer or packer" means:

(a) the packer in the case of foreign manufactured or packed food, any person who owns the exclusive rights to distribute or sell the food in Malaysia by way of licence, agreement or franchise from the foreign manufacturer; or

(b) in the case of locally manufactured or packed food, any person who, not being the manufacturer or packer, has proprietary rights over the distribution and sale of the food, or who, being the manufacturer or packer, distributes or sells the food through and in the name of a marketing agent.

(2) The term "owner of the rights of the manufacturer or packer" in subsection (1) extends also to any person who, in relation to food, claims or holds himself out as one, whether the food is imported or locally manufactured or packed.

[Ins. Act A1117]<

13 PART III OFFENCES AND EVIDENCE-13. Food containing substances injurious to health.

(1) Any person who prepares or sells any food that has in or upon it any substance which is poisonous, harmful or otherwise injurious to health commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding ten years or to both.

(2) In determining whether any food is injurious to health for the purpose of subsection (1), regard shall be had not only to the probable effect of that food on the health of a person consuming it but also to the probable cumulative effect of the food of substantially the same composition on the health of a person consuming the food in ordinary quantities.

[Subs. Act A1117]

---

13A PART III OFFENCES AND EVIDENCE-13A. Food unfit for human consumption.

(1) Any person who prepares or sells any food that consists wholly or in part of:

(a) any diseased, filthy, decomposed or putrid animal or vegetable substance;

(b) any portion of an animal unfit for food; or

(c) the product of an animal which has died otherwise than by slaughter or as game,

whether manufactured or not, commits an offence and shall be liable, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding eight years or to both.

(2) Any person who prepares or sells any food that contains or upon which there is any matter foreign to the nature of such food, or is otherwise unfit for human consumption, whether manufactured or not, commits an offence and shall be liable, on conviction, to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

13B PART III OFFENCES AND EVIDENCE-13B. Adulterated food.

(1) No person shall prepare or sell any adulterated food.

(2) For the purposes of and without prejudice to the generality of subsection (1), any food shall be deemed to be adulterated if:

(a) it contains or is mixed or diluted with any substance which diminishes in any manner its nutritive or other beneficial properties as compared with such food in a pure, normal or specified state and in an undeteriorated and sound condition, or which in any other manner operates or may operate to the prejudice or disadvantage of the purchaser or consumer;

(b) any substance or ingredient has been extracted, wholly or in part, or omitted, from the food and by reason of such extraction or omission, the nutritive or other beneficial properties of the food are less than those of the food in its specified state, or the food operates or may operate to the prejudice or disadvantage of the purchaser or consumer;

13C PART III OFFENCES AND EVIDENCE-13C. Removal of food from premises.

(1) Where any food is found to have contravened or reasonably suspected to have contravened any provision of this Act or any regulations made under this Act, the Director or any authorised officer authorised by the Director may, by notice in writing, order any of the persons in section 24 to recall, remove, or withdraw from sale such food from any food premises within such time as may be specified in the notice.

(2) Notwithstanding subsection (1), it shall be the duty of any of the persons in section 24, if he knows or has reason to believe or it has come to his knowledge that any food imported, manufactured, packed, farmed, prepared or sold by him has contravened section 13, 13A or 13B, to recall, remove or withdraw from sale such food from any food premises with immediate effect.

(3) A person who contravenes subsection (1) or (2) commits an offence and shall be liable, on conviction, to a fine not exceeding one hundred thousand ringgi

14 PART III OFFENCES AND EVIDENCE-14. Prohibition against the sale of food not of the nature, substance or quality demanded.

(1) Any person who sells any food which is not of the nature, or is not of the substance, or is not of the quality (as specified under this Act and any regulation made thereunder) of the food demanded by the purchaser, commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.

(2) Where regulations made under this Act contain provisions prescribing the standard of any food or the composition of, or prohibiting or restricting the addition of, any substance to any food, a purchaser of the food shall, unless the contrary be proved, be deemed for the purpose of this section to have demanded food complying with the provisions of such regulations.

15 PART III OFFENCES AND EVIDENCE-15. Labelling, etc., net complying with standard of food.

Where a standard has been prescribed for any food, any person who prepares, packages, labels or advertises any food which does not comply with that standard, in such a manner that it is likely to be mistaken for food of the prescribed standard, commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.

16 PART III OFFENCES AND EVIDENCE-16. False labelling, etc.

Any person who prepares, packages, labels or sells any food in a manner that is false, misleading or deceptive as regards its character, nature, value, substance, quality, composition, merit or safety, strength, purity, weight, origin, age or proportion or in contravention of any regulation made under 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.

17 PART III OFFENCES AND EVIDENCE-17. Advertisement.

(1) Any person who for the purpose of affecting or promoting the sale of any food, publishes or causes to be published, either on his own account or as the agent or servant of the person seeking to effect or promote the sale, any advertisement relating or likely to cause any person to believe that it relates to such food, or to any ingredient or constituent thereof, which:

(a) directly or indirectly qualifies or is inconsistent with or contrary to any particulars required by regulations made under this Act to be marked on or attached to such food or marked on or attached to any package containing such food;

(b) is prohibited by any such regulations from being marked on or attached to such food or marked on or attached to any package containing such food;

(c) omits from the name or description of any food any word or words required by regulations made under this Act to be included in the name or description marked on

18 PART III OFFENCES AND EVIDENCE-18. Power of court to order licence to be cancelled and food to be disposed of.

(1) On the conviction of any person of any offence under this Act the court may, in addition to any other penalty which it may lawfully impose, cancel any licence issued to such person under this Act or any regulation made thereunder.

(2) Where a person has been convicted of an offence under this Act, the court may order any food of a similar nature belonging to or in the possession of the convicted person or anything found with such food be forfeited, and upon such order being made such food or things may be disposed of as the court directs.

19 PART III OFFENCES AND EVIDENCE-19. Prosecutions.

(1) Where any analyst having analysed or examined any food to which this Act applies, has given a certificate and from that certificate it appears that an offence under this Act has been committed, an authorised officer may , subject to section 377 of the Criminal Procedure Code and section 32A, take proceedings under this Act before any court having jurisdiction in the place where the food sold was actually delivered to the purchaser or the sample thereof taken.

[Am. Act A1117]

(1A) The certificate of the analyst referred to in subsection (1) shall be issued to the Director or any authorised officer within ninety days from the date the food was sent for analysis.

[Ins. Act A1117]

(2) Where any food has been purchased or procured from any person for analysis or examination, no proceedings in respect of the sale thereof or of any offence against this Act shall be instituted af

20 PART III OFFENCES AND EVIDENCE-20. Certificate of analyst to be prima facie evidence.

In any proceedings under this Act a certificate of analysis purporting to be signed by the analyst shall be accepted as prima facie evidence of the facts stated therein provided that:

(i) the party against whom it is produced may require the attendance of the analyst for the purpose of cross-examination if a notice requiring the attendance of the analyst has been given to the prosecution three clear days before the trial.

[Am. Act A1117]

(ii) no such certificate of the analyst shall be received in evidence unless the party intending to produce it has before the trial given notice to the party against whom it is intended to be produced ten clear days of such intention together with a copy of the certificate.

21 PART III OFFENCES AND EVIDENCE-21. Court may order independent analysis.

(1) Where a sample has been taken or procured in accordance with section 5 or dealt with under regulations made under that section, the court before which any proceedings for an offence against this Act are heard may where it is reasonably and technically practicable so to do and on the request of either party to such proceedings order that the part of the sample retained by the authorised officer be submitted to another analyst for analysis:

Provided that the authorised officer is required to retain part of the sample for such purpose.

(2) The court may order the party making the request to pay the costs of the analysis.

22 PART III OFFENCES AND EVIDENCE-22. Presumption of sale, etc.

In any proceedings under this Act:

(a) >evidence that the package containing any food to which this Act applies bore the name, address or registered mark of an importer, manufacturer or packer, or of the owner of the rights of the manufacturer or packer, or of an agent of any of them, shall be prima facie evidence that the food was imported, manufactured or packed, as the case may be, by each of the persons whose name, address or registered mark is borne on the package;

[Am. Act A1117]

(b) any substance commonly used for human consumption, which is sold or offered, exposed or kept for sale, shall be presumed, until the contrary is proved, to have been sold or, as the case may be, to be intended for sale for human consumption;

(c) any substance commonly used for human consumption which is found on premises used for the preparation, storage or sale of that substance and any subs

23 PART III OFFENCES AND EVIDENCE-23. No defence that offence not wilfully committed.

In a prosecution for selling any food contrary to the provisions of this Act or of any regulation made thereunder it shall be no defence that the defendant did not act wilfully unless he also proves that he took all reasonable steps to ascertain that the sale of the food would not constitute an offence against this Act or against any regulation made thereunder.

23A PART III OFFENCES AND EVIDENCE-23A. Advance notice of expert evidence in court.

In any proceedings for an offence under this Act, no expert evidence shall be received in evidence unless, within a period ending ten clear days before the trial, the person charged with the offence has served on the prosecution notice in writing that he intends to adduce expert evidence, and shall disclose in the notice the name of the expert and the nature of the expert evidence; and shall also furnish a copy of any document that the expert proposes to adduce at the hearing.

[Ins. Act A1117]

24 PART III OFFENCES AND EVIDENCE-24. Sales, etc., by agent or servant.

(1) For the purposes of this Act every person who prepares, packages, labels, advertises or sells any food shall be deemed to do so either on his own account or as the agent or servant of any other person.

(2) In the case of any preparation, packaging, labelling, advertisement or sale by an agent or servant, his principal or employer shall be under the same liability as if he had effected the preparation, packaging, labelling, advertisement or sale personally.

(3) In the case of a sale of any food in contravention of this Act or any regulations made under this Act by a retailer or seller, or his servant or agent, the retailer, seller, servant or agent effecting the sale shall, for the purpose of this Act, be deemed to be the agent of the importer, manufacturer, packer, farmer, person who prepares the food or owner of the rights of the manufacturer or packer, or the agent to the agent of any of them, and each of those persons shall be un

25 PART III OFFENCES AND EVIDENCE-25. Presumption for human consumption.

(1) When any food is sold or exposed or offered for sale it shall, unless the contrary is proved, be deemed to be sold or exposed or offered for sale for human consumption.

(2) The purchase and sale of a sample of food under the provisions of this Act for the purpose of analysis shall be deemed to be a purchase and sale of such food for human consumption unless the seller proves that the bulk from which such sample was taken was not offered, exposed, or intended for sale for human consumption.

(3) For the purpose of this Act every person shall be deemed to sell or to intend to sell any food if he sells or intends to sell for human consumption any food of which such food is a constituent.

26 PART III OFFENCES AND EVIDENCE-26. Non-disclosure of information.

(1) No prosecutor or witness in any prosecution under this Act shall be compelled to disclose the fact that he received any information or the nature of such information or the name of any person who give such information.

(2) No officer appearing as a prosecutor or witness shall be compelled to produce any confidential report or document made or received by him in his official capacity or to make any statement in relation thereto.

27 PART III OFFENCES AND EVIDENCE-27. Manufacturing process and trade secret.

Any person who discloses any information obtained by him in connection with the administration or execution of this Act or any regulation made thereunder in relation to any manufacturing process or trade secret used in carrying on any particular trade, industry or process, shall unless the disclosure was made for the purposes of this Act or of any criminal proceedings under this Act or with the consent of the person carrying on that trade, industry or process, commits an offence and is liable on conviction to imprisonment for a term not exceeding five years or to fine or to both.

28 PART III OFFENCES AND EVIDENCE-28. Liability of importer, manufacturer or packer.

Where food in connection with which there is a contravention of any provision of this Act or any regulations made under this Act is sold in an unopened package, any person who appears from any statement appearing on the package or attached to the package to have imported or manufactured or prepared the food or to have enclosed it in such package, or to be the owner of the rights of the manufacturer or packer, or to be the agent of any of them, shall, unless the contrary is proved, be deemed to have so imported, manufactured, prepared or enclosed the food in the unopened package and shall be liable to the same penalty as if he had actually sold the food in such package.

[Subs. Act A1117]

29 PART IV IMPORTATION, WARRANTY AND DEFENCES-29. Importation.

(1) Subject to the provisions of subsections (2) and (3), the importation of any food which does not comply with the provisions of this Act or any regulation made thereunder is prohibited.

(2) Where food which is sought to be imported into Malaysia is processed food in a finished form and if sold in Malaysia constitutes an offence relating to labelling, the food may be imported into Malaysia for the purpose of relabelling it so that it complies with the provisions of this Act relating to labelling.

(3) Where food which is sought to be imported into Malaysia is raw or semi-processed food and if sold in Malaysia constitutes an offence, the food may be imported into Malaysia for the purpose of reprocessing or reconditioning it so that it complies with the provisions of this Act.

(4) Where such food is imported into Malaysia for the purposes of relabelling, reprocessing or reconditioning it and the food is not relabelled, reprocesse

30 PART IV IMPORTATION, WARRANTY AND DEFENCES-30. Warranty.

(1) No manufacturer or distributor of, or dealer in, any food specified by the Minister shall sell such food to any vendor unless a written warranty or other written statement is given that the food complies with the provisions of this Act or any regulation made thereunder.

(2) Any person who contravenes the provisions of subsection (1) commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.

31 PART IV IMPORTATION, WARRANTY AND DEFENCES-31. Reliance on written warranty a good defence.

(1) Subject to the provisions of this section it shall be a good defence in any prosecution for an offence under this Act or any regulation made thereunder if the defendant proves that:

(a) he purchased the food sold by him in reliance on a written warranty or other written statement as to the nature of the food purchased signed by or on behalf of the person from whom the defendant purchased the same;

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

(c) if the food had truly conformed to such written warranty or statement, the sale of the food by the defendant would not have constituted the offence charged against him.

(2) No written warranty or other written statement given or made by a person resident outside Malaysia shall be any defence under this section unless the defendant proves that he had taken rea

32 PART IV IMPORTATION, WARRANTY AND DEFENCES-32. Penalty for false warranty.

(1) Any person who in respect of any food sold by him as principal or agent gives to the purchaser a false warranty in writing commits an offence and is liable on conviction to imprisonment for a term not exceeding two years or to fine or to both:

Provided that it shall be a defence if he proves to the satisfaction of the court that when he gave the warranty he had reason to believe that the statements or descriptions contained therein were true.

(2) The provisions of subsection (2) of section 19 to the effect that no proceedings shall be instituted after the expiration of one hundred and fifty from the time of purchasing or procuring any food shall not apply in relation to a false warranty.

[Am. Act A1117]

32A PART IV IMPORTATION, WARRANTY AND DEFENCES-32A. Prosecution.

No prosecution shall be instituted for an offence under this Act or any regulation made under this Act without the consent in writing of the Public Prosecutor.".

[Ins. Act A1117]

---

32B PART IV IMPORTATION, WARRANTY AND DEFENCES-32B. Power to order appearance in court.

(1) Where the Director or any authorized officer has reasonable grounds for believing that any person committed an offence under this Act, he may, in lieu of applying to the court for a summons, forthwith serve upon that person a notice ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.

(2) If any person who was served with a notice as provided by subsection (1) fails to appear in person or by counsel, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless it appears that it was not reasonably possible for that person so to appear or in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence pursuant to section 33.

(3) The notice under subsection (1) shall be as prescribed by regulations.

33 PART V MISCELLANEOUS PROVISIONS-33. Power to compound.

(1) The Director or any authorized officer authorized by the Director may, with the consent in writing of the Public Prosecutor, compound any compoundable offence committed by any person by making a written offer to the person and by collecting from the person an amount of money not exceeding fifty per centum of the amount of maximum fine for the offence committed.

[Subs. Act A1266]

(2) Any payment of compound under this section shall be made at the place specified in the notice under section 32B and within the period as specified in such notice or, in the case where the extension of period is given, within such period.

[Subs. Act A1266]

(3) If an offence has been compounded under subsection (1):

(a) no prosecution shall be instituted after that in respect of the offence against the person to whom the offer to compound was made; and

(

33A PART V MISCELLANEOUS PROVISIONS-33A. 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, 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:

(a) may be charged severally or jointly in the same proceedings with the body corporate; and

(b) where the body corporate is found guilty of the offence, shall be deemed to be guilty of that offence unless, having regard to the nature of his functions in that capacity and to all circumstances, he proves:

(i) that the offence was committed without his knowledge, consent or connivance; and

(ii) that he took all reasonable precautions and had exercise

33B PART V MISCELLANEOUS PROVISIONS-33B. Protection against legal proceedings.

No action, suit, prosecution or other proceedings shall be brought, instituted or maintained in any court against any authorised officer on account of or in respect of any act done or omitted to be done for the purpose of carrying into effect this Act unless it can be proven that the act was done or omitted to be done in bad faith and not in a reasonable belief that it was necessary for the purpose intended to be served thereby.

[Ins. Act A1117]

33C PART V MISCELLANEOUS PROVISIONS-33C. Indemnity.

(1) The Government shall not be liable to make good any damage which an owner or occupier or person in charge of any food premises may sustain as a result of an entry, search or seizure under this Act, unless the damage was caused by the wilful neglect or default of a public officer.

(2) In the event of any dispute as to the amount of compensation in respect of any damage so caused, the amount shall be summarily ascertained and determined by a Magistrate's court.".

[Ins. Act A1117]

34 PART V MISCELLANEOUS PROVISIONS-34. Power to make regulations.

The Minister may make regulations for the better carrying into effect the purposes and provisions of this Act, and in particular and without prejudice to the generality of the foregoing, for all or any of the following matters:

(a) to prescribe the standard, composition, strength, potency, purity, quality, weight, quantity, shelf-life or other property of any food or any ingredient or component thereof;

(b) to prohibit the addition of any specified substance;

(c) to prohibit the addition of more than the specified quantity of a permissible substance;

(d) to declare that any food or class of food is adulterated due to the presence therein or addition thereto or extraction or omission therefrom of any prescribed substance or class of substance;

(e) to prohibit any mode of preparation or preservation of any food;

(f) in respect of the use of

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Legal Commentary on Section 34 of the FOOD ACT 1983

Introduction

Section 34 of the Food Act 1983 (Malaysia) provides the legal basis for the Minister of Health to make regulations related to food safety, standards, and other pertinent aspects of food regulation. This section empowers the government to implement detailed rules to uphold public health and safety in the food industry.

What does Section 34 Say

Section 34 grants the Minister of Health the authority to make regulations for carrying out or giving effect to the provisions of the Food Act 1983, including regulations concerning food standards, packaging, labeling, import/export, and other related matters.

Essential Ingredients

• Delegated Authority: The section confers discretionary power upon the Minister.
• Scope of Regulations: Regulations can cover a broad range of food-related issues, such as standards, packaging, labeling, import/export, and food safety.
• Legal Validity: Regulations made under this section have the force of law and are enforceable.

Scope of Section

The scope includes:- Formulating detailed rules for food safety and standards.- Regulating food packaging, labeling, and advertising.- Controlling import and export of food products.- Addressing food additives, contaminants, and incidental constituents.- Ensuring compliance with international food safety standards.

Punishment for Violations

While Section 34 itself does not specify penalties, violations of regulations made under this section are punishable as prescribed in related provisions of the Food Act 1983 and its regulations, which typically include fines, imprisonment, or both .

Legal Comments

• Delegated Power - Section 34 authorizes the Minister to enact regulations, centralizing legislative power for detailed food standards .
• Broad Regulatory Scope - The section allows for comprehensive regulation covering various facets of food safety, including packaging, labeling, and import controls .
• Enforcement Mechanism - Regulations made under this section are enforceable and subject to penalties, ensuring compliance .
• Alignment with International Standards - The regulations often incorporate international food safety standards, as seen in amendments and related regulations .
• Criminal Liability - Violations of regulations can lead to criminal sanctions, including fines and imprisonment, as per the overarching provisions of the Food Act 1983 .
• Amendments and Updates - The Minister can amend regulations periodically to adapt to new food safety challenges, demonstrated by various amendments in 2014 and other years .
• Scope for Specific Regulations - Section 34 facilitates the creation of specific regulations such as food hygiene, additives, and packaging standards .
• Public Health Protection - The primary aim is to protect consumers from health hazards and fraudulent practices in food handling and sale .
• Legal Hierarchy - Regulations made under Section 34 have a statutory hierarchy, supporting the enforcement of the Food Act 1983 .
• Responsibility of Authorities - The Ministry of Health is empowered to enforce these regulations, ensuring compliance across the food industry .
• Legal Flexibility - The section provides flexibility to adapt regulations as needed, reflecting the dynamic nature of food safety issues .
• Integration with Other Laws - Regulations under Section 34 complement other laws such as the Food Safety and Standards Act 2006 and the Food Regulations 1985 .
• Preventive Approach - Emphasizes preventive measures through regulation rather than solely punitive actions .
• Consumer Confidence - Enhances consumer confidence by ensuring food safety standards are maintained through regulatory oversight .
• Legal Certainty - Provides a clear legal framework for the formulation and enforcement of food standards and safety measures .

Note: The references are based on the provided sources, with particular emphasis on the general legal framework and amendments related to Section 34 of the Food Act 1983.

35 PART V MISCELLANEOUS PROVISIONS-35. Repeal and savings.

(1) The following Ordinances are repealed to the extent that they relate to food:

(a) The Sale of Food and Drugs Ordinance 1952 (No. 28 of 1952);

(b) The Public Health Ordinance (Sabah No. 7 of 1960); and

(c) The Public Health Ordinance (Sarawak No. 24 of 1962).

(2) Nothing in this Act shall affect the past operation of or anything done under the provisions of any law relating to food passed before the commencement of this Act provided that any right, liberty, privilege, obligation or liability existing at the commencement of this Act by virtue of any such law shall except as hereinafter provided, be subject to the provisions of this Act.

36 PART V MISCELLANEOUS PROVISIONS-36. Application to tobacco, etc.

(1) The provisions of this Act so far as they are applicable shall apply, with such modifications as may be provided in regulations made under this Act, to tobacco, cigars, cigarettes, snuff and other like substance in the same manner as the provisions apply to food.

(2) Without prejudice to the powers of the Minister to make regulations under this Act, the Minister may make regulations providing for all or any of the following:

(a) the regulation of or prohibition against the advertising or sponsorship of tobacco products;

(b) the mode of labelling of cigarette containers and the matters to be contained or not to be contained in such labels;

(c) the procedure for the taking of samples of tobacco products for analysis;

(d) the prohibition against smoking of tobacco products in specified buildings and the declaration of any place as a no smoking place and for notice