Section 36 — BIOSAFETY ACT 2007

(a)

an assessment of the risk and adverse effect that such living modified organisms and products of such organisms will have or are likely to have on the human, plant and animal health, the environment and biological diversity; and

(b)

the proposed measures that shall be undertaken to prevent, reduce or control the risks and adverse effect that such living modified organisms and products of such organisms will have or are likely to have on human, plant and animal health, the environment and biological diversity.

(2)

Notwithstanding any risk assessment and risk management reports submitted by an approved person, the approved person shall comply with the minimum risk management measures as may be determined by the Board, after consultation with the Advisory

Committee.

34 Laws of Malaysia ACT 678

(3)

Upon obtaining an approval or an acknowledgement from the

Board, the approved person shall, in the course of undertaking the release, import or contained use activity relating to the approval or acknowledgement, as the case may be,—

(a)

incorporate into the design, construction and operation, whichever is applicable, of the release, import or contained use activity the proposed measures in the risk management reports of the approved person; and

(b)

carry out and comply with, to the satisfaction of the Board, the minimum risk management measures referred to in subsection (2).

(4)

Any approved person who contravenes subsection (3) 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.

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