Section 38 — FOOD ANALYSTS ACT 2011

(1)

An authorized officer may, at any time, enter any premises in which a registered food analyst is practising food analysis or in which there is reasonable ground to believe that a person is practising food analysis and exercise the following powers:

(a)

examine any document, apparatus or article stored or used in connection with the practice;

(b)

where a person is practising food analysis without being registered or without an annual practising certificate under this Act, seize any document, apparatus or article stored or used in connection with the practice;

(c)

require that any information relating to the practice as the authorized officer may specify to be provided to him;

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(d)

inspect any procedure or test performed or carried out by the food analyst, to ensure compliance with the guidelines issued by the Council; and

(e)

inspect, take, make copies of, or make extracts from, any record found in the premises.

(2)

Any person who—

(a)

intimidates or obstructs an authorized officer in the performance of such authorized officer’s duty;

(b)

refuses to permit an authorized officer to examine any document, apparatus or article;

(c)

refuses to produce any document, apparatus or article for examination by an authorized officer;

(d)

refuses to surrender any document, apparatus or article to an authorized officer;

(e)

refuses to provide any information required by an authorized officer; or

(f)

attempts to do any of the acts specified in paragraphs (a)

to (e), commits an offence.

(3)

Where an authorized officer seizes and seals any document, apparatus or article, he shall give a signed receipt for the document, apparatus or article.

(4)

An authorized officer exercising power under this section shall produce his authority card on demand.

28 Laws of Malaysia ACT 727

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