Biosafety Act 2007 · Updated to 1 May 2019
53. Power to take sample
Official textFrom Laws of Malaysia Online, unchanged
An enforcement officer may demand, select, take or obtain samples of any organism or product suspected of being or containing living modified organisms or products of such organisms for the purposes of analysis—
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
upon payment, from any person selling such organism or product, or his or its agent or servant; or
Biosafety 49
without payment, from any manufacturer or importer of such organism or product or his or its agent or servant.
The samples demanded, selected, taken or obtained under subsection (1) shall be accepted in any court.
Any person who refuses to comply with any demand made by an enforcement officer under subsection (1) commits an offence and shall, on conviction, be liable—
where such person is an individual, to a fine not exceeding one hundred thousand ringgit 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 two 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.
Terms defined in s 3
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 VII