*FEED ACT 2009

This Act applies only to Peninsular Malaysia and the Federal

Territory of Labuan.

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.

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Interpretation

any mammal other than human;

any aquatic animal and includes fish, mollusc and crustacea;

any amphibian;

any reptile;

any bird and includes chicken, duck, quail and ostrich; and

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;

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“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.

the Director General of Veterinary Services, who shall be the Chairman;

a senior officer of the Ministry of Agriculture and Agro-Based Industry appointed by the Minister;

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a senior officer of the Department of Agriculture appointed by the Minister;

a senior officer of the Department of Fisheries appointed by the Minister;

a senior officer of the Department of Veterinary Services appointed by the Minister;

a senior officer of the National Fisheries Development

Authority appointed by the Minister;

the Director of Pharmaceutical Services, Ministry of

Health, or his representative;

the Director of Food Safety and Quality Division, Ministry of Health, or his representative;

a senior officer of the Malaysian Agricultural Research and Development Institute appointed by the Minister;

the Director General of the Department of Chemistry

Malaysia, or his representative;

a senior officer from an institution of higher learning appointed by the Minister;

the Director General of the Department of Standards, or his representative;

the Director of the Department of Veterinary Services and Animal Industry Sabah, who shall be an ex-officio member; and

the Senior Assistant Director of Veterinary of the

Department of Agriculture Sarawak, who shall be an ex-officio member.

The Minister shall appoint a senior officer of the Department of Veterinary Services to be the Secretary to the Board.

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.

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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.

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

to administer, enforce and ensure the effective implementation of this Act;

to advise the Minister in the making of regulations under this Act;

to regulate the quality and safety of feed and feed additive;

to regulate the feed industry, particularly in the manufacturing, distributing, utilizing and importing of feed and feed additive; and

to implement quality and safety assurance programmes for feed.

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.

Without prejudice to the generality of subsection (2), the

Board shall have the power—

At any meeting of the Board, six members shall form a quorum.

The Chairman shall preside at all meetings of the Board.

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.

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.

The Board may invite any person to attend any meeting of the Board, but that person has no right to vote at the meeting.

Subject to this section, the Board may regulate its own procedure.

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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.

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, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Application and issuance of licence

in the manner as may be determined by the Board; and

by submitting together with the application any information, particulars or documents as may be required by the Board.

Where an application for a licence is approved, the licence shall be issued in the name of the applicant upon payment of the prescribed fee and the Board may impose such terms and conditions as it may deem necessary.

A licence issued under this section shall, unless suspended or revoked, be valid for a term expiring not later than the end of the calendar year in which it commences, and shall terminate at the expiry of that term.

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Refusal to issue licence

if the country of origin from which the feed or feed additive is to be imported is unknown;

if the specification for the feed or feed additive is not provided or does not comply with the prescribed specifications;

if the Board has reasonable grounds to believe that the feed or feed additive to be imported is contaminated or is likely to convey diseases and cause ill-health to animals or humans; or

if any other licence or certificate necessary for importation as required under any other written law has not been obtained.

Renewal of licence

in the manner as may be determined by the Board; and

by submitting together with the application any information, particulars or documents as may be required by the Board.

When an application for a renewal of licence is approved by the Board, the licence shall be renewed upon payment of the prescribed fee and the Board may vary the terms and conditions of the licence or impose additional terms and conditions.

The Board may refuse to renew a licence if the licensee—

Any person who contravenes subsection (1) or any person who uses a licence of another person commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Suspension or revocation of licence

the licensee has failed to comply with any of the provisions of this Act or any regulations made under this Act;

the licensee has failed to comply with any term or condition of the licence;

the licensee has improperly or illegally obtained the licence; or

there has been any act or omission by the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Act.

Before the Board makes a decision under subsection (1), the Board shall give the licensee—

The Board shall, after considering the representation made by the licensee under subsection (2), if any, decide whether to suspend the licence for any period or to revoke the licence.

The Board shall give the licensee a written notice of its decision under subsection (3) as soon as practicable.

If a licence is suspended under subsection (3), the Board may require the licensee to remedy the breach or the contravention within the time specified in the notice issued under subsection (4)

and if the Board considers necessary, it may impose additional terms and conditions on the licence.

If the Board is satisfied that the licensee fails to remedy the breach or contravention within the specified time or the licensee has breached the additional terms and conditions under subsection (5), or the breach or contravention continues after the licence is suspended under subsection (3), the Board shall revoke the licence.

A licensee whose licence is—

The Minister may, after considering the appeal, make such order as he deems fit and that order shall be final.

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Power of court to order revocation of licence

Where any person to whom a licence has been issued under this Act is convicted of a second or subsequent offence under this Act, the court may, in addition to the penalty that may be imposed, direct that such person be disqualified from holding a licence under this Act for a period not exceeding five years as the court may specify.

Any person who obtains or attempts to obtain a licence while he is disqualified under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one month or to both and for a second or subsequent offence, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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Compliance with conditions for proper keeping, storing, packaging, labelling and transporting

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

incorporate any antibiotic, hormone or other chemical into feed; or

introduce any antibiotic, hormone or other chemical directly or through a medium into animals, unless in accordance with the prescribed manner and at the prescribed level.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

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Notwithstanding subsection (1), any antibiotic, hormone or other chemical may be incorporated into feed or introduced directly or through medium into animals, at a level higher than the prescribed level if prescribed as such by a veterinary surgeon in writing and only for the purpose of treatment, control or eradication of disease.

For the purpose of this section, a veterinary surgeon means a veterinary surgeon as defined in the Veterinary Surgeons

Act 1974 [Act 147].

Possession of feed or feed additive containing antibiotics, etc.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

An authorized officer may exercise all powers vested in him under this Act or any regulations made under this Act.

Authority card

Whenever an authorized officer exercises any of the powers under this Act or any regulations made under this Act, he shall on demand produce to the person against whom the power is being exercised the authority card issued to him under subsection (1).

Power of arrest

Where any person is arrested under subsection (1), he shall thereafter be dealt with as provided by the Criminal Procedure

Code [Act 593].

Search and seizure with warrant

any premises has been used for or are about to be used for; or

there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Act or any regulations made under this Act, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

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A warrant issued under subsection (1) may authorize the authorized officer to—

An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do—

Where by reason of its nature, size or amount, it is not practicable to remove any feed, feed additive, receptacle, package, conveyance, book, document or other thing seized under this section, the authorized officer shall seal the conveyance, container or premises in which such feed, feed additive, receptacle, package, book, document or other thing is found.

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Search and seizure without warrant

enter and search such place or premises;

stop and search such person or conveyance; and

seize any feed, feed additive, receptacle, package, conveyance, book, document or other thing which may be found and may be evidence of the commission of such offence.

Power to enter premises

inspecting any feed, feed additive, receptacle, package, conveyance, book, document or other thing as he considers necessary;

verifying the accuracy of records or statement or any information given to an authorized officer; or

collecting samples of any feed, feed additive or other substance found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed.

Access to computerized data

For the purpose of this section, the authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware or any other means required for his access to enable the comprehension of the computerized data.

Power to stop, search and seize conveyances

The person in control or in charge of the conveyance shall, if required to do so by the authorized officer—

Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both.

List of things seized

The list prepared in accordance with subsection (1) shall be delivered immediately to—

Where the seizure is made in or from any premises which is unoccupied, the authorized officer shall whenever possible post a list of the things seized conspicuously at the premises.

Where the feed, feed additive, receptacle, package, conveyance, book, document or other thing is seized otherwise than in or from any premises, the authorized officer making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the feed, feed additive, receptacle, package, conveyance, book, document or other thing seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence.

A notice under subsection (4) need not be given if the seizure is made from the owner, in the presence of the owner or with the knowledge of the owner.

Power of investigation

For the purpose of subsection (1), the Criminal Procedure

Code shall apply and an authorized officer shall have all the powers as provided for under the Criminal Procedure

Code.

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Authorized officer may seek assistance to examine things relating to offence

The procedure for taking and dealing with the samples shall be as prescribed.

Designation of laboratories

Where the Public Prosecutor intends to give in evidence any certificate referred to in subsection (1) he shall deliver a copy of such certificate to the accused not less than ten clear days before the commencement of the trial.

Examination or testing of seized feed or feed additive

If it is necessary to test any feed or feed additive seized under this Act, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the feed or feed additive examined under subsection (1).

The court shall presume that the feed or feed additive contained in unopened packages or receptacles is of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.

No costs or damages arising from seizure to be recoverable

Any person who fails to furnish the information as may be required by the Board under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding three months or to both.

Release or disposal of feed, feed additive, etc.

release the receptacle, package, conveyance, book, document or other thing seized to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer that the receptacle, package, conveyance, book, document or other thing seized shall be surrendered to the authorized officer on demand being made by the authorized officer and that the said terms and conditions, if any, shall be complied with;

release the feed, feed additive, receptacle, package, conveyance, book, document or other thing to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, with liberty for the person to whom the same is so released to dispose of the same, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer in an amount not less than an amount which in the opinion of the authorized officer represents—

the open market value of the feed, feed additive, receptacle, package, conveyance, book, document or other thing on the date on which it is so released;

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sell or destroy, as appropriate in the circumstances, the feed, feed additive, receptacle, package or other thing, which, in the opinion of the authorized officer is of a perishable nature or likely to speedily deteriorate in quality or value, and where it is so sold, the authorized officer shall hold the proceeds of sale to abide the result of any prosecution or claim.

Any person who—

The criminal liability of a person under subsection (2) shall be in addition to any other liability that the person or any other person may incur under the terms and conditions relating to the release of any receptacle, package, conveyance, book, document or other thing under paragraph (1)(a) or any feed, feed additive, receptacle, package, conveyance, book, document or other thing under paragraph (1)(b).

Forfeiture or release of feed, etc. seized

An order for the forfeiture of the feed, feed additive, receptacle, package, conveyance, book, document or other thing seized shall be made if it is proved to the satisfaction of the court that an offence under this Act has been committed and that the feed, feed additive, receptacle, package, conveyance, book, document or other thing seized was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any feed, feed additive, receptacle, package, conveyance, book, document or other thing seized under this Act, such feed, feed additive, receptacle, package, conveyance, book, document or other thing shall be taken and deemed to be forfeited at the expiration of a period of thirty days from the date of service of a notice to the last-known address of the person from whom the feed, feed additive, receptacle, package, conveyance, book, document or other thing was seized indicating that there is no prosecution in respect of such feed, feed additive, receptacle, package, conveyance, book, document or other thing unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4),

, (6) and (7).

Any person asserting that he is the owner of the feed, feed additive, receptacle, package, conveyance, book, document or other thing referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give a written notice to the authorized officer in whose custody such feed, feed additive, receptacle, package, conveyance, book, document or other thing is held that he claims the feed, feed additive, receptacle, package, conveyance, book, document or other thing.

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate for his decision.

The Magistrate to whom a matter is referred under subsection (5)

shall issue a summons requiring the person asserting that he is the owner of the feed, feed additive, receptacle, package, conveyance, book, document or other thing and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

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If it is proved that an offence under this Act has been committed and that the feed, feed additive, receptacle, package, conveyance, book, document or other thing referred to in subsection (6)

was the subject-matter of or was used in the commission of such offence, the Magistrate shall order the feed, feed additive, receptacle, package, conveyance, book, document or other thing to be forfeited, and shall, in the absence of such proof, order its release.

Any feed, feed additive, receptacle, package, conveyance, book, document or other thing forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the direction of the Board.

that the act, omission, neglect or default was committed without his knowledge, consent or connivance; and

that he took all reasonable precautions and had exercised due diligence to prevent the act, omission, neglect or default.

Offence by body corporate

If a book or document which is in evidence or is liable to inspection in any civil or criminal proceedings contains any entry which might lead to his discovery, the court shall cause all such entries to be concealed from view or to be obliterated so far as may be necessary to protect the informer from discovery.

If in a trial for an offence under this Act the court, after full inquiry into the case, is of the opinion that the informer willfully made in his complaint a material statement which he knew or believed to be false or did not believe to be true, or if in any other proceedings the court is of the opinion that justice cannot be fully done between the parties to the proceedings without the discovery of the informer, it shall be lawful for the court to require the production of the original complaint, if in writing, and permit an inquiry and require full disclosure concerning the informer.

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Protection against legal proceedings

any member of the Board, analyst or any authorized officer for or on account of or in respect of any act ordered or done for the purpose of carrying into effect of this Act; and

any other person for or an account of or in respect of any act done or purported to be done by him under the order, direction or instruction of the

Minister, the Board or any officer duly authorized under this Act, if the act was done in good faith and in a reasonable belief that it was necessary for the purpose intended to be served by it.

Compounding of offences

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

If the amount specified in the offer is not paid within the period specified in the offer or within such extended period as the authorized officer may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.

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If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against the person to whom the offer was made and any feed, feed additive or the proceeds of its sale, or any receptacle, package, conveyance, book, document or other thing seized in connection with the offence may be released or forfeited by the authorized officer in accordance with the terms and conditions of the compound.

Giving or making false information or statement

Any authorized officer who knowingly contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three months or to both, and for a second or subsequent offence, to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Jurisdiction to try offences