Malaysia legislation

Section 17

of *FOOD ACT 1983

Section 17

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(a)

directly or indirectly qualifies or is inconsistent with or contrary to any particulars required by regulations made under this Act to be marked on or attached to such food or marked on or attached to any package containing such food;

(b)

is prohibited by any such regulations from being marked on or attached to such food or marked on or attached to any package containing such food;

(c)

omits from the name or description of any food any word or words required by regulations made under this Act to be included in the name or description marked on or attached

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to such food or marked on or attached to any package containing such food; or

(d)

is likely to deceive a purchaser with regard to the character, nature, value, substance, quality, strength, purity, composition, merit or safety, weight, proportion, origin, age or effects of any food or of any ingredient or constituent thereof, commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both.

(2)

Any person who published or causes to be published any advertisement which does not contain a statement setting forth the true name of the person by whom or on whose behalf the advertisement is published and the address of his place of business or residence, commits an offence and is liable on conviction to imprisonment for a term not exceeding three years or to fine or to both:

Provided that where such person is a company it shall be sufficient if instead of the address of the place of business of such company the statement sets forth the name of the place where the company has its registered office.

(3)

Nothing in subsection (2)—

(a)

shall apply in respect of any advertisement that is published orally or by any means of producing or transmitting light or sound; or

(b)

shall affect the operation of any other provision of this Act or any regulation made thereunder which relates to the labelling of food.

(4)

Any statement which is contained in an advertisement for any food and which purports to set forth the name of the person by whom or on whose behalf such advertisement is published, shall, until the contrary is proved, be sufficient evidence of the name of such person.

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(5)

Nothing in this section shall apply to any advertisement which complies with any regulation made under this Act relating to the disclosure or otherwise of the name and address of the place of business or residence of the manufacturer or seller of the food advertised or the agent of such manufacturer or seller.

Power of court to order licence to be cancelled and food to be disposed of