Malaysia legislation
Section 2
Section 2
In this Act, unless the context otherwise requires—
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“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;
“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;
“Director” means the Deputy Director General of Health (Public
Health) of the Ministry of Health;
“Director General” means the Director General of Health of the
Ministry of Health;
“entertainment” includes any social or other form of gathering, amusement, festival, exhibition, performance, game, competition, sport or trial of skill;
“food” includes every article manufactured, sold or represented for use as food or drink for human consumption or which enters into or is used in the composition, preparation, preservation, of any food or
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drink and includes confectionery, chewing substances and any ingredient of such food, drink, confectionery or chewing substances;
“food premises” means premises used for or in conection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food, or the relabelling, reprocessing or reconditioning of any food;
“import” means to bring or cause to be brought into Malaysia by land, water or air for the purpose of sale from any place outside
Malaysia but does not include the bringing into Malaysia of any food which it is proved is intended to be taken out of Malaysia on the same vehicle, vessel, or aircraft on which such food was brought into
Malaysia without any transhipment or landing;
“importer” includes any person who, whether as owner, consignor, consignee, agent or broker, is in possession of, or is otherwise entitled to the custody or control, of the imported food;
“International Health Regulations” means the International Health
Regulations as adopted by the World Health Assembly in 1969 and as amended from time to time;
“label” includes any tag, brand, mark, pictorial or other descriptive matter, written, printed, stencilled, marked, painted, embossed or impressed on, or attached to or included in, belonging to, or accompanying any food;
“medical examination”
includes physical, microbiological, chemical, serological and radiological examination, and such examination may include the taking of specimen of any body fluid, tissue or waste product for examination or analysis;
“package” includes 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;
“premises” includes—
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(a)
any building or tent or any other structure, permanent or otherwise together with the land on which the building, tent or other structure is situated and any adjoining land used in connection therewith and any vehicle, conveyance, vessel or aircraft; and
(b)
for the purposes of section 4 any street, open space or place of public resort or bicycle or any vehicle used for or in connection with the preparation, preservation, packaging, storage, conveyance, distribution or sale of any food;
“preparation” includes manufacture, packaging, processing and any form of treatment;
“seal” includes the detention in bulk of any food, a sample of which has been taken for analysis, pending the result of the analysis;
“sell or sale” refers only to sale for human consumption or use and includes barter and exchange, offering or attempting to sell, causing or allowing to be sold, exposing for sale, receiving, sending, conveying or delivering for sale or exchange or in pursuance of such sale or exchange, supplying any food where consideration is to be received by the supplier for such supply either specifically or as part of a service contracted for sale, or having in possession any food for sale or exchange, or having in possession any food or appliance knowing that the food or appliance is likely to be sold or offered or displayed or exposed for sale or disposed of for any consideration, and includes electronic sale;
“vegetable substance” means any plant or part of a plant, and includes the stem, root, bark, tuber, rhizome, leaf, stalk, inflorescence, bud, shoot, flowers, fruit and seed, or an extract thereof.
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