PESTICIDES ACT 1974

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 149 PESTICIDES ACT 1974 As at 15 March 2023 This text is ONLY AN UPDATED TEXT of the Pesticides Act 1974 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. PESTICIDES ACT 1974 Date of Royal Assent … … … … 30 July 1974 Date of Publication in the Gazzette … … 29 August 1974 Latest amendment made by P.U. (A) 63/2023 which came into operation on … … … … 15 March 2023 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 1983 Second Reprint ... ... ... ... ... 1997 Third Reprint ... ... ... ... ... 2001 Fourth Reprint ... ... ... ... ... 2006 3 LAWS OF MALAYSIA Act 149 PESTICIDES ACT 1974 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II THE PESTICIDES BOARD 3. Establishment of the Board 4. Alternate members 5. Provision of facilities by Ministry 6. Proceedings of the Board PART III CONTROL OF IMPORTATION AND MANUFACTURE OF PESTICIDES BY REGISTRATION AND PERMIT 7. Application for registration of pesticides 8. Registration and refusal to register 9. Period of registration 4 Laws of Malaysia ACT 149 Section 10. Power to cancel registration 10A. Registrant shall inform Board about adverse effects of pesticide 11. Appeal against decision of Board 12. Gazetting of pesticides 13. Prohibitions as to importation and manufacture, and penalty 14. Importation of pesticides for educational or research purposes or as registration sample or analytical standard 14A. Research or experiment on unregistered pesticides synthesized in Malaysia PART IV CONTROL OF MANUFACTURE, SALE AND STORAGE OF PESTICIDES BY LICENSING 15. Licence to manufacture pesticides 16. Appointment of Pesticides Licensing Officers 17. Licence to sell or store pesticides 18. Revocation and suspension of licence 19. Appeal against decision of Board or Pesticides Licensing Officer 20. Offences relating to manufacture, sale, and storage for sale PART V CONTROL OF PRESENCE OF PESTICIDES IN FOOD 21. Regulations to control presence of pesticides in food 22. Entry, inspection and seizure 23. Power to demand, select and take samples 24. Right to analysis of food 25. Offence of selling contaminated food 26. Ignorance of contamination not a defence 27. Defence of reliance on written warranty or statement Pesticides PART VI DEATH AND INJURY OCCASIONED BY PESTICIDES Section 28. Reporting of accident, death and personal injury 29. Inquiry into and investigation of accident, death and personal injury 30. Inquiry or inquest in cases of death occasioned by pesticides PART VII ENFORCEMENT 31. Entry, search and seizure 32. Power to stop and search conveyances 33. Identification of officers when taking action PART VIII ANALYSIS 34. Appointment of Analysts 35. Manner of taking samples 35A. Time to commence analysis 36. Court may order analysis 37. Right to analysis of pesticide 38. Certificate of Analyst 39. Certificate of Analyst to be prima facie evidence 40. Recovery of fees and other expenses PART IX PROCEEDINGS 41. Notice of seizure, detention or removal 5 6 Laws of Malaysia ACT 149 Section 42. Complaints as to seizure, detention or removal 43. Summons 44. (Deleted) 45. Presumption as to importer or manufacturer 45A. Label as evidence of substance being a pesticide 45B. Presumption for sale or storage for sale 46. Liability of agent, servant, principal and employer 47. Liability of directors and other officers of bodies corporate 48. Offence as to sample deemed offence as to the whole lot 49. Forfeiture of offending substances 50. Jurisdiction 51. Privilege from disclosure 52. Notification of conviction PART X GENERAL 53. Giving or making false information or statement 53A. Possession or use of unregistered pesticides and unapproved use of pesticides 54. Interference with official marks 55. Secrecy 56. General penalty 57. Rules and regulations 58. Amendment of Schedules 59. Exemption PART XI AMENDMENT, REPEAL, AND SAVING OF RELATED LAWS 60. Removal of certain substances from F.M. 29/1952 Pesticides Section 61. Control in Peninsular Malaysia of substances that are both poisons and pesticides 62. Removal of certain substances from Sabah Cap. 100 63. Control in the State of Sabah of substances that are both poisons and pesticides 64. Removal of certain substances from Sarawak Cap. 121 65. Control in the State of Sarawak of substances that are both poisons and pesticides 66. Repeal of F.M. 15/1949 and Sabah Cap. 99 67. Amendment of F.M. 29/1952 FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 7 9 LAWS OF MALAYSIA Act 149 PESTICIDES ACT 1974 An Act to control pesticides. [Throughout Malaysia—15 April 1975, ss.1–6, 16, 21–27, 34, 50–52, 55–59, P.U. (B) 118/1975; Throughout Malaysia—1 December 1976, ss.7–12, P.U. (B) 637/1976; Throughout Malaysia—1 February 1981, s.53, P.U. (B) 48/1981; Peninsular Malaysia—1 April 1981, ss.13, 14, 31–33, 35, 36, 38–49, 54, 61, P.U. (B) 49/1981; Peninsular Malaysia—1 January 1982, s.20(3), P.U. (B) 50/1981; Peninsular Malaysia—1 January 1982, s.60, P.U. (B) 51/1981; Sabah and Sarawak—1 January 1982, s.13, 14, 31–33, 35, 36, 38–49, 54, 61, P.U. (B) 52/1981; Sabah and Sarawak—1 September 1982, s.20(3), P.U. (B) 574/1981; Peninsular Malaysia—1 April 1982, s.20(4), P.U. (B) 127/1982; Sabah and Sarawak—1 September 1982, s.20(4), P.U. (B) 297/1982; Throughout Malaysia—1 September 1988, ss.17–19, P.U. (B) 353/1988; Sabah, Sarawak and Federal Territory of Labuan— 1 October 1991, s.20(1), 20(2), P.U. (B) 466/1991] 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: 10 Laws of Malaysia ACT 149 PART I PRELIMINARY Short title, application and commencement 1. (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. Interpretation 2. (1) In this Act, unless the context otherwise requires— “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; “Analyst” means an Analyst appointed under section 34; “analytical standard” means a substance containing an active ingredient and is used as a reference standard in the analysis of a pesticide; “animals” means— (a) animals that are useful to man as a source of food or other essential products or as beasts of burden; (b) animals that are commonly kept as domestic animals or as pets; Pesticides 11 (c) animals that are protected under any written law for the time being in force relating to the protection of wild life; (d) animals that are beneficial to agricultural production; or (e) animals that are valued for reasons of amenity; “authorized officer” means— (a) a Pesticides Licensing Officer; or (b) a public officer designated as an authorized officer by the Minister by notification in the Gazette; “Board” means the Pesticides Board established under section 3; “contaminated food” means food in which there is present a pesticide, or a quantity, proportion, strength, or concentration of a pesticide, in contravention of regulations made under section 21; and a reference to the use or presence of a pesticide in food includes a reference to its use or presence on food; “food” includes every substance that is used for food or drink by man or that enters into or is used in the composition or preparation of the substance, and also includes flavouring matters and condiments, but does not include a substance or mixture of substances used by man as a medicine; “label” means any written, printed, or graphic matter— (a) fixed, secured or embossed, whether immediate or otherwise, on the package of a pesticide; or (b) accompanying a pesticide; “manufacture” in relation to a pesticide means to prepare, compound, formulate, mix, make, pack, re-pack, label, or otherwise treat the pesticide with a view to its sale, but does not include the carrying on of a bona fide research or experiment relating to a pesticide or the doing 12 Laws of Malaysia ACT 149 of an act or thing forming part of or incidental to such research or experiment; “pack” means to enclose in a package; “package” means anything in or by which a pesticide or any food, as the case may be, is cased, covered, closed or contained; “pest” includes bacteria, virus, fungi, weeds, insects, rodents, birds, or any other plant or animal that adversely affects or attacks animals, plants, fruits or property; “pesticide” means, subject to subsection (2)— (a) any substance that contains an active ingredient; or (b) any preparation, mixture or material that contains any one or more of the active ingredients as one of its constituents, but does not include contaminated food or any article listed in the Second Schedule; “Pesticides Licensing Officer” means a Pesticides Licensing Officer appointed under section 16; “prescribed” means prescribed by the rules or regulations; “rules” and “regulations” mean rules and regulations made under this Act; “Secretary” means the Secretary of the Board; “sell” includes offer for sale, exhibit for sale, or possess for sale any pesticide, or offer for reward any service relating to the usage of pesticides. (2) For the purposes of this Act, a pesticide shall be treated as a different pesticide from another pesticide if— Pesticides 13 (a) the chemical name of that pesticide is different from that of the other pesticide; (b) the trade name or trade mark of that pesticide is different from that of the other pesticide; (c) the ingredients of that pesticide are different from those of the other pesticide, in type, number, proportion, concentration, or in other respects; (d) that pesticide is differently formulated from the other pesticide; (e) that pesticide is manufactured by a manufacturer other than the manufacturer of the other pesticide; or (f) that pesticide is different in quality, nature, characteristics, or efficacy from the other pesticide. (3) For the purposes of this Act, a pesticide shall be deemed to be misbranded if— (a) its label contains a statement, design, or graphic representation relating to the pesticide that is false or misleading in any material particular, or if its package is otherwise deceptive in respect of the contents of the package; (b) it is an imitation, or is sold under the name, of another pesticide; (c) its label does not contain such warning or caution as is necessary and, if complied with, sufficient to prevent risk to human beings or animals; (d) any word, statement, information, or other matter required by the rules or regulations to appear on its label is not displayed thereon at all or in the prescribed manner; 14 Laws of Malaysia ACT 149 (e) it is not packed or labelled in the prescribed manner; (f) it has a toxicity that is different from that claimed for it; (g) it is mixed or packed with a substance so as to subsequently alter its original nature or quality; or (h) it contains a substance other than the substance or substances that it is claimed to contain. PART II THE PESTICIDES BOARD Establishment of the Board 3. For the purposes of this Act, there is hereby established a board na