Food Analysts Act 2011 · Updated to 1 Jun 2015 · Part VI · General
38. Power to enter premises, examine and seize documents, etc.
Official textFrom Laws of Malaysia Online, unchanged
An authorized officer may, at any time, enter any premises in which a registered food analyst is practising food analysis or in which there is reasonable ground to believe that a person is practising food analysis and exercise the following powers:
authorized officer
“authorized officer” means a person appointed by the Minister to be an authorized officer under section 37;
examine any document, apparatus or article stored or used in connection with the practice;
where a person is practising food analysis without being registered or without an annual practising certificate under this Act, seize any document, apparatus or article stored or used in connection with the practice;
require that any information relating to the practice as the authorized officer may specify to be provided to him;
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inspect any procedure or test performed or carried out by the food analyst, to ensure compliance with the guidelines issued by the Council; and
inspect, take, make copies of, or make extracts from, any record found in the premises.
Any person who—
intimidates or obstructs an authorized officer in the performance of such authorized officer’s duty;
refuses to permit an authorized officer to examine any document, apparatus or article;
refuses to produce any document, apparatus or article for examination by an authorized officer;
refuses to surrender any document, apparatus or article to an authorized officer;
refuses to provide any information required by an authorized officer; or
attempts to do any of the acts specified in paragraphs (a)
to (e), commits an offence.
Where an authorized officer seizes and seals any document, apparatus or article, he shall give a signed receipt for the document, apparatus or article.
An authorized officer exercising power under this section shall produce his authority card on demand.
28 Laws of Malaysia ACT 727
Terms defined in s 2
authorized officer
Defined · s 2“authorized officer” means a person appointed by the Minister to be an authorized officer under section 37;
Council
Defined · s 2“Council” means the Malaysian Food Analysts Council established under section 4;
food analysis
Defined · s 2“food analysis” means the detailed examination of food which includes physical, microbiological, chemical, biochemical, biotechnological, toxicological or sensory evaluation properties of food and such examination may include examination of package, packaging materials and containers;
registered food analyst
Defined · s 2“registered food analyst” means a person who conducts food analysis and is registered under section 19;