LAWS OF MALAYSIA - Halal Industry Development …

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2 laws OF MALAYSIA

3 ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 281 FOOD ACT 1983 As at 1 April 2012 2 FOOD ACT 1983 Date of Royal Assent .. 9 March 1983 Date of publication in the Gazette .. 10 March 1983 Latest amendment made by Act A1266 which came into operation on .. 30 June 2006 PREVIOUS REPRINTS First Reprint .. 2001 Second Reprint .. 2005 Third Reprint .. 2006 3 laws OF MALAYSIA Act 281 FOOD ACT 1983 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1.

4 Short title, application and commencement 2. Interpretation PART II ADMINISTRATION AND ENFORCEMENT 3. Appointment of analysts and authorized officers 3A. Approved laboratories 4. Powers of authorized officers 5. Power to take sample 6. Procedure for taking sample 7. Certificate of analyst 8. Power to call for information 9. Power of the Director General to obtain particulars of certain food ingredients 10. Director may order food premises or appliances to be put into hygienic and sanitary condition 11.

5 Closure of insanitary premises 4 laws of MALAYSIA ACT 281 Section 12. Conviction published in newspapers PART III OFFENCES AND EVIDENCE 12A. Meaning of owner of the rights of the manufacturer or packer 13. Food containing substances injurious to health 13A. Food unfit for human consumption 13B. Adulterated food 13C. Removal of food from food premises 14. Prohibition against the sale of food not of the nature, substance or quality demanded 15.

6 Labelling, etc., not complying with standard of food 16. False labelling, etc. 17. Advertisement 18. Power of court to order licence to be cancelled and food to be disposed of 19. Prosecutions 20. Certificate of analyst to be prima facie evidence 21. Court may order independent analysis 22. Presumption of sale, etc. 23. No defence that offence not wilfully committed 23A. Advance notice of expert evidence in court 24. Sales, etc., by agent or servant 25. Presumption for human consumption 26. Non-disclosure of information 27.

7 Manufacturing process and trade secret 28. Liability of importer, manufacturer, packer, etc. Food 5 PART IV IMPORTATION, WARRANTY AND DEFENCES Section 29. Importation 30. Warranty 31. Reliance on written warranty a good defence 32. Penalty for false warranty PART V MISCELLANEOUS PROVISIONS 32A. Prosecution 32B. Power to order appearance in court 33. Power to compound 33A. Offence by body corporate 33B. Protection against legal proceedings 33C.

8 Indemnity 34. Power to make regulations 35. Repeal and savings 36. Application to tobacco, etc. 7 laws OF MALAYSIA Act 281 FOOD ACT 1983 An Act to protect the public against health hazards and fraud in the preparation, sale and use of food, and for matters incidental thereto or connected therewith. [1 October 1985, (B) 446/1985] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1.

9 (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. Interpretation 2. In this Act, unless the context otherwise requires 8 laws of MALAYSIA ACT 281 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.

10 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; approved laboratory means any laboratory approved by the Minister under section 3A; authorized officer means any medical officer of health or any assistant environmental health officer of the Ministry of health or of any local authority, or any suitably qualified person, appointed by the Minister to be an authorized officer under section 3; compoundable offence means an offence under this Act or any regulation made under this Act and prescribed to be a compoundable offence by regulations made under this Act.