Malaysia legislation

Section 9

of Agriculture Fertilizer Enactment 2025

Section 9

(2)

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.

(3)

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.

(4)

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.

(5)

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.

(6)

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

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(a)

without a permit;

(b)

with a permit issued to him under this section but contrary to or in breach of any of the conditions of the permit; or

(c)

with a permit issued to him under this section and who uses or disposes of the fertilizer, fertilizer supplement or raw materials to make fertilizer otherwise than for educational or research purposes or as a registration sample or as a reference material, 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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