Chemical Weapons Convention Act 2005 · Updated to 1 Nov 2021 · Chapter 2 · Regime For Toxic Chemicals Listed In
21. Prohibition and exceptions
Feedback & supportSubject to the provisions of this Chapter, no person shall produce, acquire, retain, transfer or use toxic chemicals listed under
Schedule 1 unless—
such production, acquisition, retention, transfer or use is for research, medical, pharmaceutical or protective purposes;
the types and quantities of the toxic chemicals are strictly limited to those which can be justified for such purposes;
the aggregate amount of such chemicals at any given time for such purposes is equal to or less than ten kilogrammes for each facility in a calendar year; and
production, acquisition, retention, transfer or use is authorized by the National Authority.
Any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding one hundred and fifty thousand ringgit or to imprisonment for a term not exceeding seven years or to both.
For the purposes of this Chapter, “transfer” includes import, export, or any movement of any amount of a toxic chemical listed in
toxic chemical
“toxic chemical” means any chemical which through its chemical action on life processes can cause death, temporary incapacitation or permanent harm to humans or animals, and includes precursors of toxic chemicals;
Schedule 1 outside the geographical boundary of a facility in Malaysia to another destination in Malaysia, or any movement as such between two divisions of one company or a sale from one company to another.
facility
“facility” means any industrial site which comprises any of the following: (a) any works or factory (“plant site”) which is the local integration of one or more plants with any intermediate administrative levels, which are under one operational control, and includes common infrastructure, such as— (i) administration and other offices; (ii) repair and maintenance shops; (iii) medical centres; (iv) utilities; (v) central analytical laboratories; (vi) research and development laboratories; (vii) central effluent and waste treatment areas; and (viii) warehouse storage areas; (b) any production facility or workshop (“plant”) which is a relatively self-contained area, structure or building containing one or more units with auxiliary and associated infrastructure, such as— (i) a small administrative section; (ii) storage or handling areas for feedstock and products; (iii) an effluent or waste handling or treatment area; (iv) a control or analytical laboratory; (v) a first aid service section or a related medical section; and (vi) records associated with the movement into, around and from the site, of declared chemicals and feedstock or products formed from them, as appropriate; (c) any production unit or process unit (“unit”) which is the combination of items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;