Section 29
Informative marking and certification orders
of Trade Descriptions Act 2011
Where it appears to the Minister necessary or expedient in the interest of persons to whom any goods or any services in relation to that goods are supplied that the goods should be—
(a)
certified by a competent authority;
(b)
marked with a mark determined by the Minister; or
(c)
accompanied by any information (whether or not amounting to or including a trade description) or instruction relating to the goods, the Minister may, by order, impose requirements for securing that the goods are so certified, marked or accompanied and regulate or prohibit the supply of the goods and the requirements may extend to the form and manner in which the information or instruction is to be given.
(2)
Where an order under this section is in force with respect to goods of any description, any person who, in the course of any trade or business—
28 Laws of Malaysia
(a)
certifies;
(b)
marks;
(c)
supplies; or
(d)
offers to supply, goods of that description in contravention of the order commits an offence and shall, on conviction, be liable—
(A)
if such person is a body corporate, to a fine not exceeding two hundred thousand ringgit, and for a second or subsequent offence, to a fine not exceeding five hundred thousand ringgit; or
(B)
if such person is not a body corporate, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(3)
For the purpose of this section, “competent authority” means a competent authority named by the Minister after obtaining the agreement of the competent authority.