Malaysia legislation

Section 2

of Agriculture Fertilizer Enactment 2025

Section 2

In this Enactment, unless the context otherwise requires —

“analyst” means an analyst appointed under section 39;

“authorized officer” means a public officer authorized by the Director under section 22;

“bio-fertilizer” means any fertilizer which contains living microorganisms;

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

“Director” means the Director of Department of Agriculture Sabah;

“fertilizer” means any substance, solid or liquid, organic or inorganic, natural or synthetic, which contains a single or a combination of materials or bio-fertilizer that is applied to seed, plant or soil to provide essential elements, or to change soil properties, to improve plant nutrition, growth, yield or quality;

“fertilizer supplement” means any substance or mixture of substances, other than a fertilizer, for use in the improvement of the physical condition of soil

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or to aid plant growth or yield;

“label” means any written, printed, graphic or other descriptive matters —

(a)

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

(b)

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.

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