Malaysia legislation

Section 19

of *BIOSAFETY ACT 2007

Section 19

(a)

where there is a risk posed to human, plant or animal health, the environment or biological diversity;

(b)

where the approved person fails to comply with any terms and conditions imposed on the approval;

(c)

where the approved person fails to comply with any order made by the Board;

(d)

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

(e)

where the approved person has been convicted of an offence under this Act or any regulations made under this

Act.

(2)

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.

(3)

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.

(4)

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.

(5)

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—

(a)

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;

(b)

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

Appeal to Minister relating to approval