Agriculture Fertilizer Enactment 2025

This Enactment comes into operation on the date of its publication in the

Gazette. [c.i.f. 15.05.2025]

Interpretation

attached, fixed, secured or embossed, whether immediate or otherwise, on the package of; or

accompanying, any fertilizer, fertilizer supplement or raw materials to make fertilizer;

“licence” means a licence issued under section 12;

“licensee” means a person who is licensed under section 12;

“manufacture” means the process and activities involved in the manufacturing of fertilizer or fertilizer supplement;

“Minister” means the Minister charged with the responsibility for agriculture industry;

“permit” means a permit issued under section 9;

“premises” include any house, building, hut, shed, structure, platform, plant, warehouse, container or land whether or not enclosed or built upon;

“raw materials” means any raw material used as a source of primary nutrient or micronutrient in the production of fertilizer or fertilizer supplement including minerals, clay, organic matters or microorganism;

“sample” means a sample taken from fertilizer, fertilizer supplement or raw materials to make fertilizer for analysis;

“sale” includes a sale, whether for cash or on credit, by an agent on behalf of his principal, or by an employee on behalf of his employer, and a sale on commission or on consignment for sale and includes an agreement to sell or an offer to sell; and “sell” has a corresponding meaning; and an offer to sell shall be deemed to include the exposing for sale, the publication of a price list, the affixing of a label, marking or tag on a sack, bag or container or in proximity to it indicating the price, the furnishing of a quotation or any other act or notification whatsoever by which willingness to enter into any transaction of sale is expressed; and

“this Enactment” includes any subsidiary legislation made under this

Enactment.

7

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

to advise the Minister on matters relating to the manufacturing, importation, exportation and sale of fertilizer, fertilizer supplement and raw materials to make fertilizer;

to issue a certificate of registration, licence or permit under this

Enactment;

to regulate the quality and safety of fertilizer or fertilizer supplement;

to regulate the manufacturing, importation, exportation or sale of fertilizer, fertilizer supplement and raw materials to make fertilizer;

to regulate the implementation of quality assurance programmes for fertilizer or fertilizer supplement;

to impose fees and charges as he deems fit for giving effect to any of his functions or powers;

to conduct surveys and investigations in respect of the fertilizer or fertilizer supplement industry in Sabah; and

to do all things necessary and expedient for the implementation or performance of his functions and powers under this Enactment.

The Director shall have all such powers as may be necessary for, or in connection with, or reasonably incidental to, the performance of his functions under this Enactment.

Power to delegate

A person purporting to act pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

A delegation made under this section may at any time be revoked by the

Director.

A delegation made under this section shall not preclude the Director himself from carrying out at any time the delegated functions or powers.

Any person who contravenes subsection (1) 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.

Application for registration

An application under subsection (1) shall be accompanied by the prescribed fee and any information, particulars or document as may be determined by the Director.

9

After considering the application, the Director may —

The certificate of registration issued under subsection (3) shall be valid for a period of five years from the date of its issuance.

Renewal of certificate of registration

An application under subsection (1) shall be accompanied by the prescribed fee and such information, particulars or document as may be determined by the Director.

After considering the application, the Director may —

Any person who intends to apply for the renewal of the certificate of registration but fails to apply for the renewal before the date of expiration of the certificate of registration shall submit a new application for the certificate of registration under section 6.

Cancellation of certificate of registration

if the person on whose application the fertilizer, fertilizer supplement or raw materials to make fertilizer was registered has

10

contravened any of the provisions of this Enactment;

if the person on whose application the fertilizer, fertilizer supplement or raw materials to make fertilizer was registered has breached any of the terms or conditions of the registration;

if the certificate of registration has been obtained as a result of false, inaccurate or misleading fact;

if the person on whose application the fertilizer, fertilizer supplement or raw materials to make fertilizer was registered has been convicted of an offence under this Enactment;

if the fertilizer, fertilizer supplement or raw materials to make fertilizer does not conform to the claims made for it in its labels; or

if the Director considers it undesirable that the fertilizer, fertilizer supplement or raw materials to make fertilizer should continue to remain registered owing to its toxicity, inefficacy or adverse effects on human beings, animals, plants or the environment.

The Director shall, by notice in writing, before cancelling any certificate of registration of any fertilizer, fertilizer supplement or raw materials to make fertilizer under subsection (1), give opportunity to the person on whose application the fertilizer, fertilizer supplement or raw materials to make fertilizer was registered to make any representation in writing against the cancellation, and pending the decision, all manufacturing, importation, exportation or sale of the fertilizer, fertilizer supplement or raw materials to make fertilizer shall be suspended from the date of receipt of the notice.

The Director shall, after considering the written representation given under subsection (2), give the person on whose application the fertilizer, fertilizer supplement or raw materials to make fertilizer was registered his decision in writing as soon as practicable.

Any person on whose certificate of registration for fertilizer, fertilizer supplement or raw materials to make fertilizer has been cancelled under subsection (1) or suspended under subsection (2) shall not be entitled to claim any —

Upon receipt of an application under subsection (1), the Director may, if he is satisfied that the fertilizer, fertilizer supplement or raw materials to make fertilizer intended to be imported is intended solely for educational or research purposes or as a registration sample or as a reference material, issue to the applicant, upon payment of a prescribed fee, a permit in the prescribed form subject to such conditions as the Director thinks fit to impose, including conditions as to the disposal of any unused surplus of the fertilizer, fertilizer supplements or raw materials to make fertilizer.

If an applicant for a permit under this section is dissatisfied with the refusal of the Director to issue to him the permit, he may appeal to the Minister whose decision shall be final.

A permit issued under this section shall authorize the importation of one consignment only of fertilizer, fertilizer supplement or raw materials to make fertilizer for a period of not more than three months.

The person to whom a permit is issued under this section may, subject to the conditions of such permit, import the fertilizer, fertilizer supplement or raw materials to make fertilizer stated in the permit notwithstanding that during the application for such permit the fertilizer, fertilizer supplement or raw materials to make fertilizer are not registered under this Enactment and notwithstanding the prohibitions under section 5 against the importation of unregistered fertilizer, fertilizer supplement or raw materials.

Any person who imports fertilizer, fertilizer supplement or raw materials to make fertilizer under subsection (1) —

12

The register shall be kept in any manner and shall contain any particulars as determined by the Director.

Any person may on payment of any prescribed fee —

If a person requests that a copy be provided in an electronic form, the

Director may provide the relevant information —

manufacture any fertilizer or fertilizer supplement;

import or export fertilizer, fertilizer supplement or raw materials to make fertilizer; or

sell any fertilizer or fertilizer supplement, unless such person is licensed under this Enactment.

Notwithstanding paragraph (1)(b) —

Any person who contravenes paragraph (1)(a) or (b) 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.

Any person who contravenes paragraph (1)(c) commits an offence and shall, on conviction —

The application under subsection (1) shall be accompanied by payment of the prescribed fee and such information, particulars or documents as may be determined by the Director.

After considering the application, the Director may —

A licence issued under this section shall be valid for a period of three years from the date of its issuance.

Conditions of licence

The Director may at any time vary or revoke the conditions imposed on a licence under subsection (1).

Any person who contravenes any conditions of a licence imposed under 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.

15

Renewal of licence

The application under subsection (1) shall be accompanied by payment of the prescribed fee and such information, particulars or document as may be determined by the Director.

After considering the application, the Director may —

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.

Suspension or revocation of licence

the licensee has contravened any of the provisions of this

Enactment;

the licensee has breached any of the terms and conditions of the licence;

the licensee has been convicted of an offence under this

Enactment;

the licence was improperly or illegally obtained;

the licence was issued as a result of false, inaccurate or misleading information; or

16

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 issued a licence under this Enactment.

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

After the expiry of the period specified in the notice, the Director shall, after considering the written representation made by the licensee under subsection

, if any, decide whether to suspend or revoke the licence.

The Director shall give the licensee a written notice of his decision under subsection (3) as soon as possible.

If a licence is suspended under subsection (1), the Director may require the licensee to remedy the contravention or the breach within the period specified by the Director, and the Director may, if he deems necessary, impose additional terms and conditions to the licence.

If the Director is satisfied that the licensee has failed to remedy the contravention or breach or that the licensee has contravened the additional terms and conditions imposed under subsection (5), or that the contravention or breach continues after the licence is suspended under subsection (1), the Director shall revoke the licence.

A licensee whose licence is suspended or revoked —

Where any licensee is convicted of a second or subsequent offence under this

Enactment, the court may, in addition to the penalty that may be imposed, direct that such licensee be disqualified from holding a licence under this Enactment for a period not exceeding five years as the court may specify.

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.

Prohibition of destructive ingredients or properties

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.

Any person who 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.

Advertisement of fertilizer or fertilizer supplement

Any person who 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.

19

Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

Authority card

Whenever an authorized officer exercises any of the powers under this

Enactment, 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 to enter premises

inspecting any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things as he considers necessary; or

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

20

Power of investigation

The authorized officer may, in relation to an investigation in respect of any offence committed under this Enactment, exercise all or any of the powers in relation to police investigation in any seizable offence, except the power to arrest without warrant, given under the Criminal Procedure Code [Act 593].

Search and seizure with warrant

any premises have 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 Enactment, the Magistrate may issue a warrant authorizing any authorized officer named in the warrant, to enter the premises at any reasonable time by day or by night, and with or without assistance, and if need be by force.

Without affecting the generality of subsection (1), the warrant issued by the

Magistrate may authorize the authorized officer to —

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

No person shall be searched except by another person of the same gender, and such search shall be conducted with strict regard to decency.

Search and seizure without warrant

Any person who, without lawful authority, breaks, tampers with or damages the seal referred to under subsection (1) or removes the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things seized under seal or attempts to do so, 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.

Access to computerized data

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

Power to stop, search and seize conveyance

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

23

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 to the occupier of the premises where the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things seized is found.

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.

Cost of holding any fertilizer, fertilizer supplement, etc., seized

An order for the forfeiture of any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were the subject matter of or was used in the commission of the offence, even though no person may have been convicted of such offence.

If there is no prosecution with regard to any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things seized under this Enactment, such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things shall be taken and deemed to be forfeited at the expiration period of one calendar month from the date of service of a notice to the last known address of the person from whom the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were seized indicating that there is no prosecution in respect of such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things unless before the expiration of that period a claim thereto is made in the manner set out under subsections (6), (7), (8) and (9).

If no claim is made under subsection (6) within one calendar month from the date of service of the notice referred to under subsection (3), the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book,

25

record, document, computerized data or other things seized under this Enactment shall be taken and deemed to be forfeited at the expiration of that period.

Where anything seized in exercise of the powers conferred under this

Enactment is of a perishable nature or is subject to speedy and natural decay, the

Director may direct such thing to be sold or destroyed at any time, and the proceeds of the sale held by the authorized officer to abide by the result of any prosecution under this Enactment.

Any person asserting that he is the owner of a fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things referred to under subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give written notice to the authorized officer in whose possession such fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things are held that he claim the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things.

On receipt of the notice referred to under subsection (6), the authorized officer shall refer the claim to a Magistrate.

The Magistrate to whom a matter is referred under subsection (7) shall issue a summons requiring —

If it is proved that an offence under this Enactment has been committed and that the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things were the subject matter of or were used in the commission of such offence, the Magistrate shall order the fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things to be forfeited, and shall, in the absence of such proof, order its release.

Any fertilizer, fertilizer supplement, raw materials to make fertilizer, machinery, contrivance, equipment, device, appliance, material, receptacle, package, conveyance, book, record, document, computerized data or other things forfeited or deemed to be forfeited shall be delivered to the Director and shall be disposed of in such manner as the Director thinks fit.

No cost or damages arising from seizure to be recoverable

If the person refuses or fails to attend as so required, the authorized officer may report such refusal or failure to a court who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection

.

27

Power to take samples

The samples demanded, selected, taken or obtained under subsection

shall be accepted in any court.

Any person who refuses to comply with any demand made by an authorized officer under 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.

Procedure for taking sample

The procedure for taking and dealing with the samples shall be as determined by the Director.

Designation of laboratories

Where the Public Prosecutor intends to give in evidence any certificate referred to under 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 fertilizer, fertilizer supplement or raw materials to make fertilizer

any evidence that a package containing any fertilizer, fertilizer supplement or raw materials to make fertilizer and bearing the name, address or registered mark of an exporter, importer, manufacturer, or of the owner of the rights of the manufacturer, packer, or of an agent of any of them, shall be a prima facie evidence that the fertilizer, fertilizer supplement or raw materials to make fertilizer is exported, imported, manufactured or packed, as the case may be, by each of the persons whose name, address or the registered mark is borne on the packaging;

in respect of fertilizer, fertilizer supplement or raw materials to make fertilizer not registered under this Enactment that is found in any premises which have been licensed for the sale of fertilizer, fertilizer supplement or raw materials to make fertilizer, such

29

fertilizer, fertilizer supplement or raw materials to make fertilizer shall, unless the contrary is proved, be deemed to be intended for sale; or

in respect of a substance found in a package where the label on the package describes the substance to be a fertilizer, fertilizer supplement or raw materials to make fertilizer, that substance shall be presumed to be a fertilizer, fertilizer supplement or raw materials to make fertilizer unless the contrary is proved.

Power of the Director to require information

Any person who fails to furnish the information as may be required by the

Director 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.

Examination of person acquainted with case

Such person shall be bound to answer all questions relating to the case put to him by the authorized officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

The authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumbprint, as the case may be, after the statement has been read to him in

30

the language in which he made it and after he has been given an opportunity to make any correction he may wish.

Admissibility of statements in evidence

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the authorized officer in the course of the investigation under this Enactment and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the Evidence Act 1950.

When any person is charged with any offence in relation to —