FEED ACT 2009

Feed LAWS OF MALAYSIA REPRINT Act 698 FEED ACT 2009 As at 1 September 2019 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2019 1 2 Laws of Malaysia Act 698 FEED ACT 2009 Date of Royal Assent … … … … Date of publication in the Gazette … … 19 August 2009 3 September 2009 Feed LAWS OF MALAYSIA Act 698 FEED ACT 2009 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation Part II THE FEED BOARD 3. Establishment of the Feed Board 4. Functions and powers of the Board 5. Committees 6. Delegation of functions and powers of the Board 7. Power of Minister to give directions 8. Meetings of the Board Part III LICENSING 9. Prohibition on importation of feed and feed additive 10. Application and issuance of licence 11. Refusal to issue licence 12. Renewal of licence 3 4 Laws of Malaysia Act 698 Section 13. Licence not transferable 14. Suspension or revocation of licence 15. Appeal to Minister 16. Power of court to order revocation of licence Part IV FEED SPECIFICATIONS AND CONDITIONS FOR PROPER KEEPING, STORING, PACKAGING, LABELLING AND TRANSPORTING 17. Compliance with specifications 18. Compliance with conditions for proper keeping, storing, packaging, labelling and transporting Part V CONTROL OF USE OF ANTIBIOTICS, HORMONES AND OTHER CHEMICALS 19. Manner and levels of inclusion 20. Possession of feed or feed additive containing antibiotics, etc. Part VI ENFORCEMENT 21. Authorized officer 22. Authority card 23. Power of arrest 24. Search and seizure with warrant 25. Search and seizure without warrant 26. Power to enter premises 27. Access to computerized data 28. Power to stop, search and seize conveyances 29. List of things seized 30. Power of investigation Feed 5 Section 31. Authorized officer may seek assistance to examine things relating to offence 32. Power to take sample 33. Designation of laboratories 34. Appointment of analysts 35. Certificate of analysis 36. Examination or testing of seized feed or feed additive 37. No costs or damages arising from seizure to be recoverable 38. Power of the Board to require information on feed or feed additive 39. Release or disposal of feed, feed additive, etc. 40. Forfeiture or release of feed, etc. seized Part VII GENERAL 41. Offence by partner, agent or servant 42. Offence by body corporate 43. Failure to comply with lawful order 44. Information and informer not to be disclosed 45. Protection against legal proceedings 46. Compounding of offences 47. Giving or making false information or statement 48. Interference with official marks 49. Obstruction of authorized officers in the execution of their duties 50. Secrecy 51. Jurisdiction to try offences 52. Prosecution 53. Power to make regulations 54. Transitional provisions 6 Laws of Malaysia Act 698 Feed 7 LAWS OF MALAYSIA Act 698 FEED ACT 2009 An Act to establish the Feed Board, to regulate feed quality by controlling the importation, manufacture, sale and use of feed and feed additive, to ensure that feed satisfies nutritional requirement of animals, is not harmful to animals and is not contaminated so that animals and animal products are safe for human consumption and other usage, and for other matters incidental thereto. [1 January 2010, P.U. (B) 580/2009] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title, application and commencement 1. (1) This Act may be cited as the Feed Act 2009. (2) This Act applies only to Peninsular Malaysia and the Federal Territory of Labuan. (3) This Act comes 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 different provisions of this Act. 8 Laws of Malaysia Act 698 Interpretation 2. In this Act, unless the context otherwise requires— “antibiotic” means a substance produced by a micro-organism or any other product produced wholly or partially by chemical synthesis and which in low concentration inhibits the growth of or kills micro-organisms, and used for the purpose of growth stimulation and prevention of diseases; “chemical” includes an antioxidant, preservative, binding agent, colouring substance, flavouring agent and non-antibiotic medicament; “feed additive” means any added ingredient including microorganism and enzyme not normally consumed as feed by itself, whether or not it has nutritive value, which affects the characteristics of feed or animal products; “package” means anything in which or by which any feed or feed additive is encased, covered, closed or contained; “prescribed” means prescribed by the Minister by order or regulations made under this Act; “animal” means— (a) any mammal other than human; (b) any aquatic animal and includes fish, mollusc and crustacea; (c) any amphibian; (d) any reptile; (e) any bird and includes chicken, duck, quail and ostrich; and (f) any insect, kept in captivity or under control for any purpose of human usage; “hormone” means a chemical substance derived from an endocrine gland or through synthetic processing that has a specific effect on tissues; Feed 9 “analyst” means a qualified person appointed by the Minister under section 34; “label” means any written, printed or graphic matter describing the contents of any feed on the package or otherwise on the feed, or accompanying the feed; “Board” means the Feed Board established under section 3; “feed” means any single or multiple material whether processed, semi-processed or raw, which is intended to be fed to animals; “Minister” means the Minister charged with the responsibility for agriculture and agro-based industry; “authorized officer” means a public officer authorized by the Minister under section 21; “manufacture” in relation to feed, means to formulate, prepare, compound, mix, make, pack, label or to treat the feed with a view to its sale or for own use but does not include a bona fide research or experiment relating to feed and any action forming part of or incidental to such research or experiment; “conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land; “sale” includes barter or supply under integrated contract farming arrangement. Part II THE FEED BOARD Establishment of the Feed Board 3. (1) A body to be known as the Feed Board shall be established and shall consist of the following members: (a) the Director General of Veterinary Services, who shall be the Chairman; (b) a senior officer of the Ministry of Agriculture and AgroBased Industry appointed by the Minister; 10 Laws of Malaysia Act 698 (c) a senior officer of the Department of Agriculture appointed by the Minister; (d) a senior officer of the Department of Fisheries appointed by the Minister; (e) a senior officer of the Department of Veterinary Services appointed by the Minister; (f) a senior officer of the National Fisheries Development Authority appointed by the Minister; (g) the Director of Pharmaceutical Services, Ministry of Health, or his representative; (h) the Director of Food Safety and Quality Division, Ministry of Health, or his representative; (i) a senior officer of the Malaysian Agricultural Research and Development Institute appointed by the Minister; (j) the Director General of the Department of Chemistry Malaysia, or his representative; (k) a senior officer from an institution of higher learning appointed by the Minister; (l) the Director General of the Department of Standards, or his representative; (m) the Director of the Department of Veterinary Services and Animal Industry Sabah, who shall be an ex-officio member; and (n) the Senior Assistant Director of Veterinary of the Department of Agriculture Sarawak, who shall be an ex-officio member. (2) The Minister shall appoint a senior officer of the Department of Veterinary Services to be the Secretary to the Board. (3) Subject to such conditions as may be specified in his instrument of appointment, a member of the Board appointed by the Minister shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and such member is eligible for reappointment. Feed 11 (4) The Minister may, in respect of each member appointed by him, appoint an alternate member to attend, in place of that member, meetings of the Board in the event that member is for any reason unable to attend. (5) When attending meetings of the Board, an alternate member shall, for all purposes, be deemed to be a member of the Board. Functions and powers of the Board 4. (1) The functions of the Board shall be as follows: (a) to administer, enforce and ensure the effective implementation of this Act; (b) to advise the Minister in the making of regulations under this Act; (c) to regulate the quality and safety of feed and feed additive; (d) to regulate the feed industry, particularly in the manufacturing, distributing, utilizing and importing of feed and feed additive; and (e) to implement quality and safety assurance programmes for feed. (2) The Board shall have the powers to do all things expedient or reasonably necessary for or in connection with or incidental to the performance of its functions. (3) Without prejudice to the generality of subsection (2), the Board shall have the power— (a) to conduct surveys and investigations in respect of the feed industry; (b) to require any person dealing in feed or feed additive to submit reports; (c) to regulate the importation of feed and feed additive; and (d) to prevent any fraudulent actions in connection with the manufacture, supply and sale of feed and feed additive. 12 Laws of Malaysia Act 698 Committees 5. The Board may establish committees, which consist of persons who are not members of the Board, to advise and assist the Board in the performance of its functions and the exercise of its powers. Delegation of functions and powers of the Board 6. The Board may, subject to such conditions and restrictions as it may impose, delegate to a committee established under section 5 or to any public officer, any of its functions and powers other than this power of delegation. Power of Minister to give directions 7. The Minister may, from time to time, give directions to the Board consistent with the provisions of this Act and the Board shall give effect to all such directions. Meetings of the Board 8. (1) The Board shall meet at such time and place as the Chairman may determine. (2) At any meeting of the Board, six members shall form a quorum. (3) The Chairman shall preside at all meetings of the Board. (4) If the Chairman is not present at a meeting of the Board, the members present shall elect one of them to preside over the meeting. (5) The Chairman or other member presiding at a meeting shall have a deliberative vote and shall, in the event of an equality of votes, have a casting vote. (6) The Board may invite any person to attend any meeting of the Board, but that person has no right to vote at the meeting. (7) Subject to this section, the Board may regulate its own procedure. Feed 13 Part III LICENSING Prohibition on importation of feed and feed additive 9. (1) No person shall import any feed or feed additive unless he possesses a valid licence under this Act. (2) Notwithstanding subsection (1), the Minister may, by order published in the Gazette, prohibit either absolutely or conditionally, the importation, from any country or territory or any part of any country or territory, of any feed or feed additive that is likely to convey diseases or to affect the health of animals or humans or both. (3) Any person who imports any feed or feed additive without a licence or in contravention of an order by the Minister under subsection (2) commits an offence and shall