Feed Enactment 2021

This Enactment comes into operation on 1 January 2022.

Interpretation

any mammal other than human;

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any aquatic animal and includes fish, mollusc and crustacea;

any amphibian;

any reptile;

any bird and includes chicken, duck, quail and ostrich; and

any insect, kept in captivity or under control for any purpose of human usage;

“antibiotic" means a substance produced by a micro-organism or any other product produced wholly or partially by chemical synthesis and which in low concentration inhibits the growth of or kills micro-organisms, and used for the purpose of growth stimulation and prevention of diseases;

"authorized officer" means any officer authorized by the Director under section 21;

"chemical" includes an antioxidant, preservative, binding agent, colouring substance, flavouring agent and non-antibiotic medicament;

"conveyance" means any vehicle, vessel, ship, aircraft or any other mode of transport whether by land, sea or air;

"Director" means the Director of Veterinary Services;

"export" means to take or cause to be taken out of Sabah, by land, sea or air or to place any feed or feed additive in a conveyance for the purpose of the feed or feed additive being taken out of Sabah by land, sea or air;

"feed" means any single or multiple material whether processed, semi-processed or raw, which is intended to be fed to animals;

"feed additive" means any added ingredient including micro-organism and enzyme not normally consumed as feed by itself, whether or not it has nutritive value, which affects the characteristics of feed or animal products;

"hormone" means a chemical substance derived from an endocrine gland or through synthetic processing that has a specific effect on tissues;

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"import" means to bring or cause to be brought any feed or feed additive into Sabah, by land, sea or air;

"label" means any written, printed or graphic matter describing the contents of any feed on the package or otherwise on the feed, or accompanying the feed;

"manufacture" in relation to feed, means to formulate, prepare, compound, mix, make, pack, label or to treat the feed with a view to its sale or for own use but does not include a bona fide research or experiment relating to feed and any action forming part of or incidental to such research or experiment;

"Minister" means the Minister charged with the responsibility for veterinary services;

"officer of customs" has the meaning assigned to it in section 2 of the Customs Act 1967 [Act 235];

"package" means anything in which or by which any feed or feed additive is encased, covered, closed or contained;

"premises" includes any house, building, hut, shed, structure, platform, plant, warehouse, container or land whether or not enclosed or built upon;

"sale" includes barter or supply under integrated contract farming arrangement;

"veterinary authority" means the Director, or any public officer authorized in writing by the

Director to exercise any power under this Enactment or any subsidiary legislation made under this Enactment.

to regulate the feed industry, particularly in the manufacturing, utilizing, exporting and importing of feed and feed additive;

to issue licence for exportation and importation of feed and feed additive;

to issue licence for manufacturing of feed;

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to regulate the quality and safety of feed and feed additive and the implementation of quality assurance programme for feed;

to advise the Minister on matters relating to the exportation and importation of feed and feed additive, manufacturing of feed and the making of subsidiary legislation under this Enactment;

to administer, enforce and ensure the effective implementation of this Enactment;

and

to do all things necessary and expedient for the implementation or performance of his functions and powers under this Enactment or any subsidiary legislation made under this Enactment.

In the exercise of his functions under this Enactment, the Director shall have the powers to issue directives, guidelines or code of practices in writing to any authority, public officer or person and such authority, public officer or person shall be bound to comply with such directives, guidelines or code of practices.

Power to delegate

A person purporting to act pursuant to a delegation made under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

A delegation made under this section may at any time be revoked by the Director.

A delegation made under this section shall not preclude the Director himself from carrying out at any time the delegated functions or powers.

export any feed or feed additive;

import any feed or feed additive; or

manufacture any feed, unless he holds a licence issued by the Director.

Notwithstanding subsection (1), the Minister may, by order published in the Gazette, prohibit either absolutely or conditionally, the importation, from any country or territory or any part of any country or territory, of any feed or feed additive that is likely to convey or spread diseases or to affect the health of animals or humans or both.

Any person who exports any feed or feed additive in contravention of subsection (1)

commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Any person who imports any feed or feed additive in contravention of subsection (1) or subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Any person who manufactures any feed in contravention of subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Application for licence

Every application for a licence under subsection (1) shall be accompanied by such documents and information as may be specified by the Director.

The Director may, in writing, at any time after the receipt of an application under subsection (1), request the applicant to provide within the period specified in the request, additional information, particulars or document on the application.

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If any additional information, particulars or document required under subsection (3) is not provided by the applicant within the period specified in the request or any extension of time granted by the Director, the application shall be deemed to be withdrawn and shall not be further proceeded with, but without affecting the right of the applicant to make a fresh application.

Issuance of licence

The licence issued under subsection (1) may subject to such conditions as the Director deems necessary.

Refusal to issue licence

if the country of origin from which the feed or feed additive is to be imported is unknown;

if the specification of the feed or feed additive is not provided;

if the specification of the feed or feed additive does not comply with the prescribed specification

if the Director has reasonable grounds to believe that the feed or feed additive is contaminated or likely to convey diseases which are hazardous to animals or humans health; or

if any other licence or certificate required under any other written laws has not been obtained by the applicant.

A licence to manufacture feed shall not be issued -

A licence to manufacture feed shall, unless the licence is suspended or revoked, be valid for a term expiring not later than the end of the calendar year in which it commences, and shall terminate at the expiry of that term.

Renewal of licence

Where an application for a renewal of licence under subsection (1) is approved by the

Director, the licence shall be renewed upon payment of the prescribed fee and the Director may impose such conditions as he deems necessary.

An application for a renewal of licence to manufacture feed shall not be approved -

Where an application for a renewal of licence under subsection (1) is refused, the Director shall send a written notice to the applicant notifying the refusal.

Power to impose additional conditions or to vary conditions

impose any additional conditions on the licence; or

vary any of the conditions imposed on the licence.

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Display of licence

Notwithstanding subsection (1), a licensee is not required to display his licence to export or import feed or feed additive but shall ensure that he or the person in charge of such exportation or importation of feed or feed additive has an original licence or a certified copy of the licence with him.

Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Licence not transferable

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Suspension or revocation of licence

if the licensee has failed to comply with any of the provisions of this Enactment or any subsidiary legislation made under this Enactment;

if the licensee has failed to comply with any conditions of the licence;

if the licensee has improperly or illegally obtained the licence; or

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if there has been any act or omission by the licensee or there has been a change of circumstances such that the licensee would no longer be entitled to be granted a licence under this Enactment.

Before the suspension or revocation of the licence under subsection (1), the Director may, by notice in writing, give the licensee an opportunity to make written representation against the suspension or revocation within a period specified in the notice.

The Director shall, after considering the written representation given under subsection (2), notify the licensee in writing of his decision as soon as practicable.

If a licence is suspended under subsection (1), the Director may require the licensee to remedy the breach or the contravention within the time specified in the notice issued under subsection (3) and if the Director considers necessary, he may impose additional conditions on the licence.

If the Director is satisfied that the licensee fails to remedy the breach or contravention within the specified time or the licensee has breached the additional conditions under subsection (4), or the breach or contravention continues after the licence is suspended under subsection (1), the Director shall revoke the licence.

A licensee whose licence is suspended or revoked shall not be entitled to any compensation for any loss caused to him or any refund of the prescribed fee paid as a consequence of the suspension or revocation.

Altering licences

Where any person to whom a licence has been issued under this Enactment is convicted of a second or subsequent offence under this Enactment, the court may, in addition to the

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penalty that may be imposed, direct that such person be disqualified from holding a licence under this Enactment for a period not exceeding five years as the court may specify.

Any person who obtains or attempts to obtain a licence while he is disqualified under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Feed or feed additive imported shall be required to undergo an inspection by the veterinary authority either at the place of arrival or at such other place as the veterinary authority may appoint.

Upon inspection under subsection (2), if such feed or feed additive is in the opinion of the veterinary authority does not comply with the specification or has been exposed to or contaminated with any disease or hazardous material or contained any prohibited antibiotics, hormones or other chemicals, notwithstanding that a licence has been issued under section 7

the veterinary authority may, in his discretion either -

Feed or feed additive which is about to be exported may be required to undergo an inspection by the veterinary authority at such place as the veterinary authority may appoint.

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Upon inspection under subsection (4), if such feed or feed additive is in the opinion of the veterinary authority does not comply with such specification or has been exposed to or contaminated with any disease or hazardous material or contained any prohibited antibiotics, hormones or other chemicals, the veterinary authority shall refuse to permit such feed or feed additive to be exported.

Any person who contravenes subsection (1) or (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Compliance with conditions for proper keeping, storing, packaging, labelling and transporting

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding one year or to both, and for a second or subsequent offence, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

incorporate any antibiotic, hormone or other chemical into feed; or

introduce any antibiotic, hormone or other chemical directly or through a medium into animals, unless in accordance with the prescribed manner and at the prescribed level.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not

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exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

Notwithstanding subsection (1), any antibiotic, hormone or other chemical may be incorporated into feed or introduced directly or through medium into animals, at a level higher than the prescribed level if prescribed as such by a veterinary surgeon in writing and only for the purpose of treatment, control or eradication of disease.

For the purpose of this section, "veterinary surgeon" has the meaning assigned to it under the Veterinary Surgeons Act 1974 [Act 147].

Possession of feed or feed additive containing antibiotics, etc.

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both, and for a second or subsequent offence, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both.

An authorized officer shall exercise all powers vested in him under this Enactment or any subsidiary legislation made under this Enactment.

Authority card

Whenever an authorized officer exercises any of the powers under this Enactment or any subsidiary legislation made under this Enactment, he shall on demand, produce to the person against whom the power is being exercised the authority card issued to him under subsection

.

Power of investigation

he refuses to furnish his name and address;

there are reasonable grounds for believing that he has furnished a false name or address;

he is likely to abscond: or

he furnishes his address in a place not within Sabah.

An authorized officer or an officer of customs making an arrest under subsection (1) shall without unnecessary delay hand over the person so arrested to the nearest police officer or, in the absence of a police officer take the person to the nearest police station, and thereafter the person shall be dealt with in accordance with the law relating to criminal procedure for the time being in force as if he had been arrested by a police officer.

Search and seizure with warrant

any premises has been used for or are about to be used for; or

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there is in any premises evidence necessary to the conduct of an investigation into, the commission of an offence under this Enactment or any subsidiary legislation made under this Enactment, the Magistrate may issue a warrant authorizing any authorized officer named therein, at any reasonable time by day or by night and with or without assistance, to enter the premises and if need be by force.

A warrant issued under subsection (1) may authorize the authorized officer to -

An authorized officer entering any premises under this section may take with him such other persons and equipment as may appear to him to be necessary.

An authorized officer may, in the exercise of his powers under this section, if it is necessary so to do -

Where by reason of its nature, size or amount, it is not practicable to remove any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized under this section, the authorized officer shall seal the conveyance or premises in which such feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing is found.

It shall be an offence for any person without any written permission or lawful authority to break or tamper with the seal mentioned in subsection (5), or to remove any feed, feed additive,

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receptacle, package, conveyance, contrivance, book, document, computerized data or other thing from such premises.

Search and seizure without warrant

enter and search such place or premises;

stop and search such person or conveyance; and

seize any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing which may be found and which may furnish evidence of the commission of such offence.

Power to enter premises

inspecting any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing as he considers necessary;

verifying the accuracy of records or statement or any information given to an authorized officer or a police officer;

collecting samples of any feed, feed additive or other substance found in the premises for the purpose of ascertaining, by testing or otherwise, whether an offence has been committed; or

taking any photograph.

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Access to computerized data

For the purpose of this section, the authorized officer shall be provided with the necessary password, encryption code, decryption code, software or hardware or any other means required to enable the comprehension of the computerized data.

Power to stop, search and seize conveyance

The person in control or in charge of the conveyance shall, if required to do so by the authorized officer, police officer or officer of customs -

Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

List of things seized

The list prepared in accordance with subsection (1) shall be delivered immediately to -

Where the seizure is made in or from any premises which is unoccupied, the authorized officer, police officer or officer of customs shall whenever possible post a list of the things seized conspicuously at the premises.

Where the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing is seized otherwise than in or from any premises, the authorized officer, police officer or an officer of customs making the seizure shall give a notice in writing of the seizure and the grounds of the seizure to the owner of the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized by delivering a copy of such notice to the owner in person or by post at his place of business or residence.

Authorized officer may seek assistance to examine things relating to offence

The procedure for taking and dealing with the samples shall be as prescribed.

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Designation of laboratories

Where the Public Prosecutor intends to give in evidence any certificate referred to in subsection (1), he shall deliver a copy of such certificate to the accused not less than ten clear days before the commencement of the trial.

Examination or testing of seized feed or feed additive

If it is necessary to test any feed or feed additive seized under this Enactment, it shall be sufficient to test only a sample not exceeding five per centum in volume or weight of the feed or feed additive examined under subsection (1).

The court shall presume that the feed or feed additive contained in unopened packages or receptacles is of the same nature, quantity and quality as those found in the similar packages or receptacles which have been opened.

Power to require information on feed or feed additive

Any person who fails to furnish the information as may be required by the Director under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Power to require attendance of person acquainted with case

If the person refuses or fails to attend as so required, the authorized officer may report such refusal or failure to a court who shall issue a summons to secure the attendance of such person as may be required by the order made under subsection (1).

Examination of person acquainted with case

The person examined under subsection (1) shall be bound to answer all questions relating to the case put to him by the authorized officer, but he may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to the questions.

The authorized officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.

Admissibility of statements in evidence

When any witness is called for the prosecution or for the defence, other than the accused, the court shall, on the request of the accused or the prosecutor, refer to any statement made by that witness to the authorized officer in the course of the investigation under this Enactment and may then, if the court thinks fit in the interest of justice, direct the accused to be furnished with a copy of it and the statement may be used to impeach the credit of the witness in the manner provided by the Evidence Act 1950 [Act 56].

Where the accused had made a statement during the course of an investigation, such statement may be admitted in evidence in support of his defence during the course of the trial.

Nothing in this section shall be deemed to apply to any statement made in the course of an identification parade or falling within section 27 or paragraphs 32(1)(a), (i) and (j) of the

Evidence Act 1950 [Act 56).

When any person is charged with any offence in relation to -

release the receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer that the receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized shall be surrendered to the authorized officer on demand being made by the authorized officer and that the said terms and conditions, if any, shall be complied with;

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release the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing to the owner or to the person from whose possession, custody or control it was seized, or to such person as the authorized officer may consider entitled to it, with liberty for the person to whom the same is so released to dispose of the same, subject to such terms and conditions as the authorized officer may impose, and subject, in any case, to sufficient security being furnished to the satisfaction of the authorized officer in an amount not less than an amount which in the opinion of the authorized officer represents

the open market value of the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing on the date on which it is so released;

sell or destroy, as appropriate in the circumstances, the feed, feed additive, receptacle, package or other thing which, in the opinion of the authorized officer, is of a perishable nature or likely to speedily deteriorate in quality or value, and where it is so sold, the authorized officer shall hold the proceeds of sale to abide the result of any prosecution or claim.

Any person who -

The criminal liability of a person under subsection (2) shall be in addition to any other liability that the person or any other person may incur under the terms and conditions relating to the release of any receptacle, package, conveyance, contrivance, book, document, computerized data or other thing under paragraph (1)(a) or any feed, feed additive, receptacle,

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package, conveyance, contrivance, book, document, computerized data or other thing under paragraph (1)(b).

Forfeiture or release of feed, etc., seized

An order for the forfeiture of the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized shall be made if it is proved to the satisfaction of the court that an offence under this Enactment has been committed and that the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized was the subject matter of or was used in the commission of the offence, even though no person has been convicted of such offence.

If there is no prosecution with regard to any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing seized under this

Enactment, such feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing shall be taken and deemed to be forfeited at the expiration of a period of thirty days from the date of service of a notice to the last known address of the person from whom the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing was seized indicating that there is no prosecution in respect of such feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing unless before the expiration of that period a claim thereto is made in the manner set out in subsections (4), (5), (6) and (7).

Any person asserting that he is the owner of the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing referred to in subsection (3) and that it is not liable to forfeiture may personally or by his agent authorized in writing, give a written notice to the authorized officer in whose custody such feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing is held that he claims the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing.

On receipt of the notice referred to in subsection (4), the authorized officer shall refer the claim to a Magistrate for his decision.

The Magistrate to which a matter is referred under subsection (5) shall issue a summons requiring the person asserting that he is the owner of the feed, feed additive, receptacle,

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package, conveyance, contrivance, book, document, computerized data or other thing and the person from whom it was seized to appear before him, and when they appear or they fail to appear, due service of the summons having been proved, the Magistrate shall proceed to the examination of the matter.

If it is proved that an offence under this Enactment has been committed and that the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing referred to in subsection (6) was the subject matter of or was used in the commission of such offence, the Magistrate shall order the feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing to be forfeited, and shall, in the absence of such proof, order its release.

Any feed, feed additive, receptacle, package, conveyance, contrivance, book, document, computerized data or other thing forfeited or deemed to be forfeited shall be delivered to the authorized officer and shall be disposed of in accordance with the direction of the Director.

Cost of holding feed, etc., seized

in any way assaults, hinders or obstructs the authorized officer. police officer or officer of customs in the performance of his duties under this Enactment or any subsidiary legislation made under this Enactment; or

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fails to give reasonable facilities or assistance to the authorized officer in the performance of his duties under this Enactment or any subsidiary legislation made under this Enactment, commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Where any person would be liable under this Enactment or any subsidiary legislation made under this Enactment to any punishment or penalty for any act, omission, neglect or default, he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his or of the employee of such agent, if such act, omission, neglect or default was committed by the employee of such agent in the course of his employment by such agent or otherwise on behalf of the agent.

Nothing under subsection (2) shall absolve an agent, officer or employee from any liability for an offence.

General penalty

Any body corporate which commits an offence under this Enactment or any subsidiary legislation made under this Enactment for which no penalty is expressly provided, shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit.

Compounding of offences

An offer under subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

If the amount specified in the offer made under subsection (1) is not paid within the time specified in the offer or within such extended period as the Director may grant, prosecution for the offence may be instituted at any time after that against the person to whom the offer was made.