Malaysia legislation

Section 34

of *FOOD ACT 1983

Section 34

The Minister may make regulations for the better carrying into effect the purposes and provisions of this Act, and in particular and without prejudice to the generality of the foregoing, for all or any of the following matters:

(a)

to prescribe the standard, composition, strength, potency, purity, quality, weight, quantity, shelf life or other property of any food or any ingredient or component thereof;

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(b)

to prohibit the addition of any specified substance;

(c)

to prohibit the addition of more than the specified quantity of a permissible substance;

(d)

to declare that any food or class of food is adulterated due to the presence therein or addition thereto or extraction or omission therefrom of any prescribed substance or class of substance;

(e)

to prohibit any mode of preparation or preservation of any food;

(f)

in respect of the use of any substance as an ingredient of any food so as to prevent the consumer or purchaser from being deceived or misled as to its quality, quantity, character, value, composition, effect, merit or safety or to prevent injury to the health of the consumer or purchaser;

(g)

to secure the cleanliness and freedom from contamination or adulteration of any food in the course of its preparation, preservation, packaging, storage, conveyance, distribution or sale and the cleanliness of places, receptacles, appliances, and vehicles used in such preparation, preservation, packaging, storage, conveyance, distribution or sale and to secure the proper conduct of place in which the preparation or sale of food is carried out and for these purposes to require any person to submit to a medical examination by a person authorized in this respect;

(h)

to regulate food premises and persons engaged in or occupied with any of the activities in relation to food premises or employed in such premises;

(i)

(Deleted by Act A1117);

(j)

in respect of the carriage of food subject to the provisions of this Act including the licensing of vehicles used for the carriage of food;

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(k)

to prescribe the mode of labelling of food sold in packages or otherwise the matter to be contained or not to be contained in such labels;

(l)

to prescribe the size, dimensions and other specifications of packages of food;

(m)

to prescribe the method of analysis of any food and the form of certificate of analysis;

(n)

to prescribe standards and conditions to be observed by laboratories approved in respect of the analysis of food for the purposes of this Act;

(o)

to provide for the registration and licencing of laboratories and analysts and to prescribe the fees thereof;

(p)

to prescribe the fees to be paid in respect of analysis of any food by an analyst and for any copy of the result of any analysis and for any licence issued or registration effected under this Act or under any regulation made thereunder, including any licence or registration relating to the importation and exportation of food;

(q)

to prescribe the fees to be paid in respect of any licence or certificate issued or registration effected under this Act or any regulation made thereunder relating in any way to the importation, exportation, preparation, preservation, packaging, storage, conveyance, distribution or sale of any food;

(r)

to prohibit or regulate the sale, advertisement or importation or exportation of any food;

(ra) to provide for any matter relating to the recalling, removal or withdrawal from sale of food from food premises;

(s)

to prescribe food which requires warranty to be given and the form of such warranty;

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(t)

to prohibit the sale of specified food otherwise than by weight;

(u)

to require persons who sell food to maintain such books and records necessary for the proper enforcement and administration of this Act;

(v)

to prescribe requirements respecting the packaging of any food and to prohibit the placing in food for sale or in packages of such food any toy, coin or other article;

(w)

to prescribe penalties of a fine not exceeding *ten thousand ringgit or imprisonment for a term not exceeding two years for a contravention of any regulations made under this Act;

(x)

to prescribe anything which is to be or may be prescribed by regulations.

Repeal and savings