Malaysia legislation

Section 2

of MALAYSIAN PEPPER BOARD ACT 2006

Section 2

In this Act, unless the context otherwise requires—

“this Act” includes any subsidiary legislation made under this

Act;

“member” means a member of the Board and includes an alternate member;

Act 656

“pepper planting material” means any material or part of the plant used for multiplication or reproduction and includes pepper cuttings, pepper seedlings and plant from pepper tissues;

“pepper berries” means the fruit of pepper or any part thereof and includes the immature fruit which is commonly known as green pepper berries, the dried and usually immature fruit which is otherwise commonly known as black pepper, the dried mature fruit when the outer coating or the pericarp has been removed which is otherwise commonly known as white pepper, and processed pepper berries;

“research findings” means any result or output from research and development activities, and includes new or improved products, inventions, innovations and improvements in any process, technique, apparatus or machine;

“appointed day” means the day on which this Act, or if different dates are appointed for the coming into operation of different provisions of this Act, the day on which Part VIII comes into operation;

“pepper industry” means any activity which involves the planting of pepper, doing research on pepper, marketing, processing, manufacturing and production of pepper and pepper products and derivatives of pepper and any industry or services related thereto;

“analyst” means an analyst appointed under section 54;

“conveyance” means any vehicle, vessel, ship, aircraft or any other mode of transport whether by air, sea or land;

“pepper product” means any product manufactured or derived directly or indirectly from pepper;

“Director General” means the Director General of the Board appointed under section 19;

“Fund” means the Malaysian Pepper Board Fund established under section 23;

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“pepper” means the plant species of the Piper nigrum Linnaeus, pepper berries or any part thereof, and includes hybrids of this species, hybrids resulting from crossing this species or hybrids with any other species or hybrids of plants and genetically engineered versions of this species or hybrids;

“sea” includes inland waters;

“Board” means the Malaysian Pepper Board established under section 3;

“processing” in relation to pepper means the cleaning of pepper to remove chaff, mouldy or rotten berries, stalks, spikes or other pickings or dust, gravel, filth, mould or other extraneous matter and the performance of any one or more of the activities involved in drying, mixing, blending, milling or crushing and extracting of pepper; but shall not include such activities done at farm level by any pepper farmer to improve the marketability of the pepper from the farm owned by the farmer himself;

“authorized officer” means—

(a)

an officer of the Board authorized under section 34;

(b)

a police officer not below the rank of Inspector; or

(c)

an officer of the Royal Customs and Excise Department

Malaysia;

“single purchaser” includes a case where more than one purchaser purchase jointly and are jointly and severally liable for the purchase price;

“Chairman” means the Chairman of the Board appointed under section 6;

“selling in bulk” in relation to pepper means selling a quantity weighing not less than five hundred kilogrammes on any one occasion to any single purchaser;

“spice” means any part of any aromatic plant in whatever form and extracts thereof which are commonly used to impart flavour or aroma in food and non-food items.

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