Malaysia legislation
Section 59
Section 59
Power to seal
(a)
place the book, record, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, chemical, pharmaceutical, substance or other thing in a room, compartment or cabinet located in that licensed pathology laboratory or premises; and
(b)
mark, fasten and seal the container, door or opening providing access to the room, compartment or cabinet.
(2)
The authorized officer may by any means seal any pathology laboratory or premises where he has reasonable cause to believe that—
(a)
the pathology laboratory is contravening any of the terms and conditions imposed by the Director General or prescribed requirements or standards; or
Pathology Laboratory 49
(b)
the premises is being used as a pathology laboratory without being licensed under this Act.
(3)
Where any licensed pathology laboratory has been sealed, the licensee shall, within twenty-one days of such sealing produce to the Director General the proof that the licensee has complied with the terms and conditions or prescribed requirements or standards and bear any cost incurred arising out of such action.
(4)
Where any premises has been sealed, the person occupying or using the premises as a pathology laboratory shall, within twenty-one days of such sealing produce to the Director General the licence and bear any cost incurred arising out of such action.
(5)
The seal under subsection (2) shall be removed if the person referred to in subsection (3) complies with the requirement of that subsection or an order of the court is obtained for such person to cease using the licensed pathology laboratory.
(6)
The seal under subsection (2) shall be removed if the person referred to in subsection (4) complies with the requirement of that subsection or an order of the court is obtained for such person to cease using the premises as a pathology laboratory.
(7)
It shall be an offence for any person without lawful authority to break, tamper with or damage the seal referred to in subsection (1) or (2) or remove any book, record, apparatus, equipment, instrument, material, article, sample, blood, blood product, human tissue or fluid or any product of the human body, dialysate, pharmaceutical, substance or other things under seal or to attempt to do so.
Power to require attendance of person acquainted with case