FOOD ANALYSTS ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 727 FOOD ANALYSTS ACT 2011 As at 1 June 2015 2 FOOD ANALYSTS ACT 2011 … … 23 May 2011 Date of publication in the Gazette … … … 2 June 2011 Date of Royal Assent … … 3 LAWS OF MALAYSIA Act 727 FOOD ANALYSTS ACT 2011 ARRANGEMENT OF SECTION PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Non-application PART II THE MALAYSIAN FOOD ANALYSTS COUNCIL 4. Establishment of Council 5. Functions and powers of the Council 6. Common seal 7. Membership of the Council 8. Tenure of office 9. Allowances 10. Vacation of office 11. Meetings of the Council 12. Procedure at meetings 13. Committees 14. Public Authorities Protection Act 1948 15. Public servant 4 Laws of Malaysia ACT 727 PART III REGISTRATION OF FOOD ANALYSTS Section 16. Registrar 17. Register 18. Application for registration 19. Mode of registration 20. Annual practising certificate 21. Renewal of annual practising certificate 22. Compliance with guidelines issued by the Council PART IV DISCIPLINE 23. Council’s disciplinary jurisdiction 24. Inquiry 25. Disciplinary punishments 26. Surrender of certificate of registration and annual practising certificate 27. Removal of name by reason of physical or mental infirmity 28. Alteration to the Register 29. Restoration of name in the Register 30. Appeal PART V FOOD ANALYSIS 31. Registered food analysts may issue food analysis report 32. Practising without annual practising certificate Food Analysts 5 PART VI GENERAL Section 33. Fraudulent registration 34. Offence of impersonating, holding out, etc., as a registered food analyst 35. General penalty 36. Offence committed by body corporate 37. Appointment of authorized officers 38. Power to enter premises, examine and seize documents, etc. 39. Access to computerized data 40. Power to require attendance of person acquainted with case 41. Examination of person acquainted with case 42. Admission of statements in evidence 43. Compounding of offences 44. Institution of prosecution 45. Appointment of legal advisor 46. Power of Minister to exempt 47. Power to make regulations 48. Transitional provisions 7 LAWS OF MALAYSIA Act 727 FOOD ANALYSTS ACT 2011 An Act to provide for the establishment of the Malaysian Food Analysts Council, to provide for the registration of persons practising as food analysts and to regulate the practice of food analysts and for matters connected therewith. [15 March 2014, P.U. (B) 75/2013] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Food Analysts Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “government food-related agency” means a government agency that is involved in conducting food analysis; “registered chemist” means a person who is registered under the Chemists Act 1975 [Act 158]; 8 Laws of Malaysia ACT 727 “food analysis” means the detailed examination of food which includes physical, microbiological, chemical, biochemical, biotechnological, toxicological or sensory evaluation properties of food and such examination may include examination of package, packaging materials and containers; “package” means anything in which or any means by which food is wholly or partly cased, covered, enclosed, contained, placed or otherwise packed in any way whatsoever and includes any basket, pail, tray or receptacle of any kind whether opened or closed; “Register” means the register kept or maintained in accordance with section 17; “prescribed” means prescribed by the Minister by regulations; “higher educational institution” means an educational institution providing higher education leading to the award of a diploma, degree or its equivalent; “registered food analyst” means a person who conducts food analysis and is registered under section 19; “Director General” means the Director General of Health, Malaysia; “Council” means the established under section 4; Malaysian Food Analysts Council “food” has the meaning assigned to it under the Food Act 1983 [Act 281]; “Minister” means the Minister charged with the responsibility for health; “authorized officer” means a person appointed by the Minister to be an authorized officer under section 37; “Registrar” means the Registrar referred to in section 16; Food Analysts 9 “Secretary” means the Secretary of the Malaysian Food Analysts Council appointed under section 7. Non-application 3. This Act shall not apply to the chemists registered under the Chemists Act 1975. PART II THE MALAYSIAN FOOD ANALYSTS COUNCIL Establishment of Council 4. (1) A body corporate by the name of “Malaysian Food Analysts Council” is established. (2) The Council shall have perpetual succession and a common seal and may sue and be sued in its name. Functions and powers of the Council 5. (1) The Council shall have the following functions: (a) to perform the duties and functions and exercise the powers provided in this Act; (b) to determine and regulate the professional conduct and ethics of food analysts and to issue any code of ethics for food analysts; (c) to determine the scale of fees to be charged by registered food analysts for services rendered; (d) to hear and determine disputes relating to the professional conduct or ethics of registered food analysts 10 Laws of Malaysia ACT 727 and to establish committees or appoint arbitrators to hear and determine such disputes; (e) to conduct examinations in association with the Malaysian Institute of Food Technology for admission to the food analysis profession; (f) to hold or cause to be held professional development programmes for registered food analysts to further enhance their knowledge in the latest developments relating to the practise of food analysis; (g) to issue guidelines to specify the procedures and test methods of food analysis; and (h) to do such other things as it considers fit to enable it to perform its functions effectively or that are incidental to the performance of its functions. (2) The Council shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of its functions under subsection (1). (3) The Council shall not borrow or raise money in any manner without the prior approval of the Minister and the Minister of Finance. Common seal 6. (1) The Council shall have a common seal that shall bear a device approved by the Council. (2) The common seal may be broken, changed, altered and made anew as the Council considers fit. (3) Until a seal is provided by the Council, a stamp bearing the words “Malaysian Food Analysts Council” may be used and shall be deemed to be its common seal. Food Analysts 11 (4) The common seal shall be kept in the custody of the Chairman or a member of the Council. (5) The common seal shall be affixed in the presence of any two designated members of the Council and such members shall sign every deed, document or other instrument to which the common seal is affixed. (6) All deeds, documents or other instruments purporting to be sealed with the common seal and authenticated as specified in subsection (5) shall, until the contrary is proved, be deemed to have been validly executed. (7) The common seal of the Council shall be officially and judicially noticed. Membership of the Council 7. (1) The Council shall consist of the following members: (a) the Director General who shall be the Chairman; (b) the Senior Director of Food Safety and Quality Division, Ministry of Health Malaysia who shall be the Deputy Chairman; (c) two registered food analysts from the private sector appointed by the Minister, one of whom shall be a member of the Malaysian Institute of Food Technology; (d) two registered food analysts recommended by the Malaysian Institute of Food Technology from among its members and appointed by the Minister; (e) two food scientists employed by a higher educational institution offering a degree in food science or food technology or food science and technology, to be appointed by the Minister; and 12 Laws of Malaysia ACT 727 (f) three representatives from a government food-related agency appointed by the Minister. (2) The Chairman shall, with the approval of the Minister, appoint an officer of the Ministry of Health to be the Secretary of the Council. (3) If the Chairman is unable to exercise his functions under this Act due to illness, absence from Malaysia or any other cause, his functions shall be exercised by the Deputy Chairman. (4) The Chairman may delegate to the Deputy Chairman any of his powers, and when so delegated such power shall be exercised by the Deputy Chairman under the control of and subject to such directions and restrictions as may be specified by the Chairman. Tenure of office 8. (1) A member who is appointed or elected under paragraph 7(1)(c) to (f) shall hold office for a term not exceeding three years. (2) A member who is appointed or elected under paragraph 7(1)(c) to (f) is eligible for reappointment but such member shall not hold office for more than two consecutive terms. (3) If the office of a member becomes vacant before the expiration of his term of office, the person appointed to fill the vacancy shall hold office for the remainder of the term of office of the member whose office has become vacant. Allowances 9. All members of the Council shall be paid such allowances at such rates as the Minister may determine. Food Analysts 13 Vacation of office 10. The office of a member of the Council is deemed to have been vacated if— (a) he dies; (b) his appointment is terminated; (c) he becomes a bankrupt; (d) he is of unsound mind; (e) there has been proved against him, or he has been convicted on, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (f) his resignation is accepted by the Minister; (g) he is absent without leave of the Council for three consecutive meetings of the Council; or (h) in the case of an appointed member under paragraph 7(1)(c) or (d), he ceases to be a registered food analyst. Meetings of the Council 11. (1) A meeting of the Council shall be convened by the Chairman by notice in writing to the other members and the meeting shall be held at the time and place specified in the notice. 14 Laws of Malaysia ACT 727 (2) The Council shall meet at least once in four months. Procedure at meetings 12. (1) Council. The Chairman shall preside at all meetings of the (2) If the Chairman is absent from any meeting of the Council, the Deputy Chairman shall preside. (3) The Chairman or the Deputy Chairman, when he is presiding at a meeting, shall have a casting vote. (4) Seven members shall form the quorum of a meeting of the Council. (5) All questions before a meeting of the Council shall be decided by a simple majority of the members present and voting. (6) The Council may determine its own procedure. Committees 13. (1) The Council may establish committees to assist it in carrying out its functions under this Act. (2) The Council may appoint any person to be a member of any committee established under subsection (1). (3) The committee established under this section may elect any of its members to be chairman and may regulate its own procedure and, in carrying out its functions under this subsection, such committee shall be subject to and act in accordance with any direction given to the committee by the Council. (4) The Council may at any time revoke the appointment of any member of a committee. Food Analys