Biosafety Act 2007 · Updated to 1 May 2019 · Part III · Approval for Release and Import
19. Circumstances where Board may make further order on approval
Official textFrom Laws of Malaysia Online, unchanged
Notwithstanding the power of the Board to take any action under subsection 18(2), the Board may revoke the approval, make a temporary cessation order, impose any additional terms and conditions, order the approved person to make rectifications, or make any other order as the Board thinks fit in the interest of biosafety in the following circumstances:
Board
“Board” means the National Biosafety Board established under subsection 4(1);
where there is a risk posed to human, plant or animal health, the environment or biological diversity;
where the approved person fails to comply with any terms and conditions imposed on the approval;
where the approved person fails to comply with any order made by the Board;
where the approved person has contravened any of the provisions of this Act or any regulations made under this
Act, whether or not prosecution has been instituted against him; or
where the approved person has been convicted of an offence under this Act or any regulations made under this
Act.
Where the Board revokes an approval, the approved person shall cease all activities involving the living modified organisms and
Biosafety 23
products of such organisms immediately and shall, within seven days from the date of the notification of the revocation, surrender the certificate of approval to the Board.
products of such organisms
“products of such organisms” means any product derived from a living modified organism or part of a living modified organism— (a) if the product contains detectable recombinant deoxyribonucleic acid (DNA); or (b) where the profile, characteristic or properties of the product is or are no longer equivalent to its conventional counterpart irrespective of the presence of the recombinant deoxyribonucleic acid (DNA); Biosafety 9
Where the Board makes a temporary cessation order, the approved person shall cease all activities involving the living modified organisms and products of such organisms immediately and shall, within seven days from the date of the notification of the cessation order, surrender the certificate of approval to the Board and the Board shall endorse the fact and duration of the temporary cessation on the certificate of approval and return the certificate to the approved person.
approved person
“approved person” means— (a) a person to whom an approval has been granted under
Where the Board imposes any additional terms and conditions the approved person shall, within seven days of the notification of the imposition of the additional terms and conditions, surrender the certificate of approval to the Board and the Board shall endorse such additional terms and conditions on the certificate of approval and return the certificate to the approved person.
Any approved person who contravenes any order made by the
Board under subsection (1) or contravenes subsection (2), (3) or (4)
commits an offence and shall, on conviction, be liable—
where such person is an individual, to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both and, in the case of a continuing offence, to a further fine not exceeding ten thousand ringgit for each day during which the offence continues after conviction;
where such person is a body corporate, to a fine not exceeding five hundred thousand ringgit and, in the case of a continuing offence, to a further fine not exceeding twenty thousand ringgit for each day during which the offence continues after conviction.
24 Laws of Malaysia ACT 678
Terms defined in s 3
approved person
Defined · s 3“approved person” means— (a) a person to whom an approval has been granted under
biological diversity
Defined · s 3“biological diversity” means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; and includes diversity within species, between species and of ecosystems;
Board
Defined · s 3“Board” means the National Biosafety Board established under subsection 4(1);
products of such organisms
Defined · s 3“products of such organisms” means any product derived from a living modified organism or part of a living modified organism— (a) if the product contains detectable recombinant deoxyribonucleic acid (DNA); or (b) where the profile, characteristic or properties of the product is or are no longer equivalent to its conventional counterpart irrespective of the presence of the recombinant deoxyribonucleic acid (DNA); Biosafety 9
Part IV
Notification for Export, Contained Use and Import for Contained Use
Part V
Risk Assessment and Risk Management Reports and Emergency Response Plan
Part VI
Enforcement
Part VII