Protection of Public Health Ordinance, 1999

the federal Government and the Government;

and

any subsidiary proprietor and a management corporation as defined in the Strata (Subsidiary Titles)

Ordinance, 2019 [Cap. 75];

“premises” means messuages, buildings, holdings, easements and hereditaments of any tenure, and includes any place, structure, tent, stall or mobile vehicle, vessel or any part thereof whether open or enclosed, permanent or temporary and whether public or private, occupied or unoccupied or used for any purpose whatsoever;

“private drain” means a drain used for the drainage of any building or premises or private land or compound of any such building or premises;

“public drain” means a drain connecting a private drain with another water-course or to which water from a private drain is discharged;

“public health officer” means any medical officer or health inspector in the service of the Government, a local authority or the federal Government, and includes any authorized officer appointed under section 3(2) of the Food Act 1983 [Act 281];

“the State” means the State of Sarawak.

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Any reference in this Ordinance to the “Yang di-Pertua

Negeri” shall be construed as a reference to the Yang di-Pertua Negeri acting in accordance with the advice of the Majlis Mesyuarat Kerajaan

Negeri or of a member thereof acting under the general authority of the Majlis.

In the exercise of its powers and functions under this

Ordinance, a local authority shall have such authority or powers as may be conferred on it by the Local Authorities Ordinance, 1996

[Cap. 20], or any other written laws.

The Director may delegate the exercise of any powers conferred on him by this Ordinance to any medical officer, subject to such terms and conditions as may be imposed.

The Director may, upon consideration of such appeal, affirm, vary or rescind the decision of the local authority or public health officer.

Protection of officers

The Director shall make available to the Minister or the person authorized to undertake the survey under subsection (1), all information or data obtained by him under Part IV of the Prevention and Control of Infectious Diseases Act 1988 [Act 342].

In investigating an infectious disease the Director or any authorized person may by notice in writing require—

Any person who fails without reasonable cause or excuse to furnish any information or to submit to any medical examination required under subsection (2) shall be guilty of an offence: Penalty, a fine not exceeding three thousand ringgit.

Any medical practitioner who fails without reasonable cause or excuse to comply with any Order made under subsection (1)

shall be guilty of an offence: Penalty, a fine not exceeding three thousand ringgit.

regulate, control or prohibit the entry into the State persons from the infected area or having contact with persons suffering from an infected disease in that area;

prescribe such measures to be taken in regard to persons arriving in the State; and

prescribe any measures or actions to be taken by the

Director or any local authority or any public officer, to prevent the spread of any infectious disease to the State.

require the person to undergo examination by a medical practitioner and if such examination shows that he is carrying any infectious disease or likely to have been infected therewith, the Director or public health officer may take the action under paragraph (b) or (c); or

order the person to be kept in isolation under section 14

of the said Act; or

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if he does not belong to the

State, make recommendation to the State Secretary that the person should not be permitted to remain in the State.

On receipt of the recommendation provided under subsection (1)(c), the State Secretary may direct the Director of

Immigration to cancel any visit pass issued to the person under section 65 of the Immigration Act 1959/1963 [Act 155].

regulate the movement of persons and animals into or from the infected area; and

prescribe such measures or actions to be taken by the

Director, public health officer or any officer of the Government or any person within or residing in the infected area to prevent the spread of the infectious disease or necessary for its eradication:

Provided that the provisions of such Order shall not be inconsistent with the said Act or any regulations made under section 11(2) of that Act.

Every person shall comply with all reasonable instructions as may be given by the Director or a public health officer with a view to ensuring that such conditions do not arise or with the view to removing or terminating such conditions.

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Such direction may be given to the owner or occupier of any premises and to any person therein, including his agents or servants.

Any person who contravenes subsection (1) or (2) shall be guilty of an offence: Penalty, a fine not exceeding two thousand ringgit and, in the case of a second or subsequent offence, a fine not exceeding five thousand ringgit or imprisonment for a term not exceeding nine months or both such fine and imprisonment.

If in any proceedings for the contravention of subsection

, it is shown that an act or thing or activity done or performed in any premises may, or is liable to, create such condition as may be favourable to the propagation or harbouring of disease bearing insects, it shall be presumed, until the contrary is proved, that the act or thing is done or performed by, or with the permission of, the owner or occupier of the premises.

Whether the application of insecticides is carried out by the

Director or a local authority, to eliminate conditions giving rise to the propagation or breeding of disease bearing insects caused by the acts or omission of the owner or occupier of any building, premises or property, the Director or local authority may by notice require the owner or occupier thereof to pay the costs and expenses of carrying out the application of insecticides to the federal Government or local authority, as the case may be.

inspect the premises to ensure that the same does not harbour or have conditions likely to harbour or propagate disease bearing insects; or

collect, remove or destroy all empty cans, bottles or other articles which accords conditions or breeding grounds for disease bearing insects; or

cut down or remove any grass, trees, plants, stumps or undergrowth in which disease bearing insects are likely to breed or harbour; or

flush private drains whose conditions are likely to harbour or breed disease bearing insects; or

carry out the application of insecticides under section 17.

The costs and expenses of carrying out any of the measures outlined in subsection (1)(b), (c), (d) and (e) shall be borne by the owner or occupier of the premises:

Provided that before any such measure is taken the Director or local authority shall give the owner or occupier thereof at least twelve hours to undertake the same himself, failing which, the Director or local authority shall proceed to take any of the aforesaid measures.

The costs and expenses if incurred by a local authority shall constitute a charge against the owner of the premises and may be recovered in the manner prescribed in the Local Authorities

Ordinance, 1996 [Cap. 20], for the recovery of rates.

Any owner or occupier who fails to comply with an Order issued under subsection (1) shall be guilty of an offence: Penalty, a fine not exceeding five thousand ringgit or imprisonment not exceeding nine months or both such fine and imprisonment, and, in the case of a continuing offence, a further fine of two hundred ringgit for each day during which the offence continues.

Any person who contravenes subsection (1) shall be guilty of an offence: Penalty, a fine not exceeding ten thousand ringgit or imprisonment not exceeding two years or both such fine and imprisonment.

Where an offence under subsection (2) has been committed, a local authority may, by Order addressed to the offender, require the premises or any part thereof where the offence took place, shall no longer be operated or used as a food premises as from the date stipulated in the Order.

If any person fails to comply with the Order under subsection (3), the local authority may take such steps or measures as are necessary to ensure that the Order is complied with and shall be entitled to recover from that person the costs and expenses incurred.

Notwithstanding the provision under subsection (1) above, local authority may grant temporary licence for the use of or operation of any premises subject to any conditions as may be determined by the local authority.

[Add. Cap. A212/2024]

the whole of the premises is maintained in a good, clean and tidy condition, free of all rodents and disease bearing insects, and has adequate ventilation;

there are receptacles of the type approved by a local authority in the premises for the storage of wastes which must be collected and removed at such intervals as may be approved or directed by the local authority;

the premises has been installed with a drainage system in proper working order, with mechanism, of a type approved by a local authority, to trap or contain oily by-products of food and food or kitchen wastes;

the toilets in the premises are in working order, properly and regularly cleaned and such toilets shall be located in such places as may be approved by the local authority;

adequate and reliable supply of clean drinking water from a water supply authority or such other source as may be approved by the local authority; and

adequate wash basins for cleansing of utensils and appliances for the preparation and serving food, and for the convenience of the customers.

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The owner or occupier of a food premises shall ensure that the premises and all tables and chairs used by the public for consumption of food are cleaned and washed daily.

Animal or pet is not allowed to be brought in any food premises by customers or to be reared by the owner, occupier or any stall holder of any food premises.

[Add. Cap. A212/2024]

No permit shall be issued unless a public health officer certifies that the premises or space where such food fair, function or event is held is in a clean and sanitary condition, with proper ventilation and with adequate toilet and wash basin facilities, and supplied with clean drinking water from a water supply authority or such other source as may be approved by a local authority.

Such medical examination shall be undertaken by a medical practitioner and any medical report issued pursuant to such examination shall on demand by the Director or a public health officer be produced for his inspection.

Any person—

Anyone who employs a person referred to in subsection (3)

to work in a food premises shall be deemed to have aided and abetted that person in the commission of the offence and shall be liable to the penalty prescribed in subsection (3).

(a)

The local authority may require persons working in food premises to attend such courses as the local authority may direct or conduct, on the handling of food or general public hygiene or cleanliness.

The Director or a public health officer may at all reasonable times—

For the purposes of subsections (1) and (2), any food or article commonly used for human consumption—

If it appears to the Director or a public health officer that any such food or article is unwholesome or unfit for human consumption, the food or article may be seized by the Director or public health officer.

Any food or article seized may be kept or stored in the place or premises where it was seized or may at the direction of the

Director or a public health officer be removed to any other place or, where the food or article is likely to decay or is deleterious to health, be destroyed.

A certificate signed by the Director or a public health officer shall be accepted by a Magistrate’s Court as sufficient

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evidence that any food or article seized was unwholesome or unfit for human consumption at the time of seizure.

A person claiming anything seized under this section may within forty-eight hours after the seizure thereof complaint to a

Magistrate’s Court, and such complaint may be heard and determined by the Court, which may either confirm or disallow the seizure wholly or in part, or may order any food or article seized to be returned to the owner and may order payment to be made to the owner of the food or article of such amount as the Court considers will compensate him for any loss or depreciation resulting from the seizure.

If within forty-eight hours after such seizure no complaint has been made, or if such seizure is confirmed by the Magistrate’s

Court, every food or article seized shall become the property of the

Director or local authority, as the case may be, and shall be destroyed or otherwise disposed of so as to prevent the food or article from being used for human consumption.

No person shall obstruct the Director or any public health officer in the exercise of his powers under this section or tamper with any food or article kept or stored in any place or premises under subsection (5).

Cleanliness of vehicles, equipment, etc.

The Director or a public health officer may, by notice in writing, require any person who uses a vehicle to transport food to use or install in or on the vehicle any device or equipment as he thinks fit to ensure that the food carried in or on the vehicle will not be contaminated.

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any premises are so infested with rats, mice, snakes, insects or other vermin; or

there exist, in any premises, wasps, bees, hornets or other insects capable of stinging and the Director or public health officer is of the opinion that there is a probability, risk or danger that the persons in those premises or in the vicinity thereof may be stung by them, or if any of those persons has been stung by them, the Director or public health officer may, by notice in writing, require the owner or occupier of the premises at his own expense to take such measures as the Director or public health officer may consider necessary, within such time and date as may be specified in the notice, for the destruction of the rats, mice, snakes, wasps, bees, hornets or

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other insects or vermins, or the removal of their breeding places and for preventing their reappearance.

Where wasps, bees, hornets or other insects capable of stinging exist in any vacant premises and the owner cannot by the exercise of reasonable diligence be found, and the Director or public health officer is of the opinion that persons in the vicinity of the premises are in imminent danger of being stung by them, or if any such persons have been stung by them, he may enter upon the premises and take such measures as he considers necessary for their destruction, for the removal of their breeding places and for preventing their reappearance, and the costs and expenses thereby incurred may be recovered from the owner of such premises if he could be subsequently located.

Premises for designated trades 31.—

Where a designated trade is also a prescribed trading activity under the Land Use (Control of Prescribed Trading Activities)

Ordinance, 1997 [Cap. 23], and carried out within a designated area under that Ordinance, no licence shall be issued under this Ordinance unless a licence under that Ordinance has been issued for that trading activity.

Regular inspection of designated premises 32.—

Any person who fails to comply with the Order issued under subsection (1) shall be guilty of an offence: Penalty a fine not exceeding three thousand ringgit or imprisonment for a term not exceeding six months or both such fine and imprisonment.

Notwithstanding subsection (1), the Minister may permit the burial of a deceased person at such other place as deemed suitable for burial.

Unlawful burials 43.—

(1)

No person shall bury or cremate or cause or procure or suffer to be buried or cremated any corpse in or upon any place, not

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being a place where burial or cremation is permitted under this

Ordinance or prepare any such place to be used for the burial or cremation of any corpse.

A public health officer may, by notice in writing, require any person who has been convicted of an offence under this section to remove within fourteen days—

If, within fourteen days, the person convicted produces to the public health officer a licence granted under section 42, the notice may be cancelled.

Any person who refuses or neglects to comply with a notice issued under subsection (2) shall be guilty of an offence and the public health officer may proceed to authorize any person to carry the notice into execution at the expense of the person so refusing or so neglecting to comply with the notice and to hire or employ proper persons for that purpose and may recover such expenses in the manner provided by law for the levy of fines imposed by a court.

Power to close cemeteries, etc.

burials in any cemetery or place of burial should be wholly discontinued;

the cremation of corpses in any crematorium or any place used for the cremation of corpses should be wholly discontinued; or

any cemetery or place of burial, crematorium or any place used for the cremation of corpses or any part thereof is being used in contravention of any condition of the licence granted in respect of the cemetery or crematorium, the Minister may order that the cemetery or crematorium or any part thereof shall be closed or the licence in respect thereof shall be revoked, as the case may be, and thereafter it shall not be lawful for

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any person to use the cemetery or crematorium or any part thereof for the burial or cremation of corpses.

Exhumation 45.

No corpse shall be exhumed otherwise than—

by a notice from a public health officer under section 43;

by order of a Judge, Magistrate, Coroner or

Commissioner of Police for the purpose of judicial inquiry or proceedings; or

by written permission granted for that purpose by the

Minister.

Penalty 46.

Any person who contravenes any of the provisions of this

Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand ringgit and, in the case of a second or subsequent conviction, to a fine not exceeding five thousand ringgit or to imprisonment not exceeding eighteen months or to both such fine and imprisonment.

Bringing corpses into or out of the State 47.—

A permit granted under subsection (1) shall stipulate the manner in which the corpse or human remains should be preserved or conveyed into or out of the State and any other measures to be taken by the permit holder to prevent danger to public health or nuisance to any person or the public.

The applicant for such permit shall be required to furnish to the Director all relevant information and documents relating to the corpse or human remains to enable him to give consideration to the application.

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No officer of customs or immigration officer or person having control of any aircraft or vessel shall allow any corpse or human remains to be taken into or out of the State unless he is satisfied that a permit in respect thereof has been issued by the

Director under this section.

For the purpose of this section, “human remains” includes the ashes of a deceased person who has been cremated.

Any person who contravenes any of the provisions of this section shall be guilty of an offence: Penalty, a fine not exceeding ten thousand ringgit.

Unclaimed corpses 48.—

Before the burial or cremation of any corpse under subsection (1), the Director shall cause particulars of the deceased person to be recorded and transmit a copy thereof to the Director of

National Registration, Sarawak. A copy of such particulars may also be supplied to any person who furnishes evidence acceptable to the

Director that he is the next of kin or administrator, executor or personal representative of the deceased person concerned.

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regulating the cleansing, disinfection and spraying of premises:

where there has been a case or suspected case of infectious disease; or

prescribing sanitary standards and sanitary facilities for premises;

prescribing the fees to be paid under this Ordinance and regulations made thereunder;

prescribing the forms to be used under this Ordinance and regulations made thereunder;

prescribing the manner and procedure for compounding of offences;

licensing of designated trades;

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regulating measures for the prevention and destruction of rats and other vermins, including setting up of traps and use of poisons for such purposes;

regulating and controlling the state and cleanliness of public toilets;

prescribing the courses to be conducted for food handlers;

procedures for the taking of samples and analysis of food suspected to have been contaminated;

regulating the granting and renewal of licences for hotels and lodging houses;

regulating the establishment, management and control of funeral parlours, cemeteries, crematoria and columbaria;

[Sub. Cap. A212/2024]

the disposal or burial of animals and unclaimed corpses;

prescribing and regulating the manner of food packaging where food is cooked or prepared and sold for public consumption, its disposal and providing for segregation and disposal of waste; and

regulating the use of Styrofoam containers, plastic bag and plastic straw at public places.

[Add. Cap A212/2024]

Repeal and saving 65.—

Authorities Ordinance, 1996 [Cap. 20], are repealed:

Provided that nothing herein shall affect the past operation of, or anything done under, a repealed Ordinance including any right,

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privilege, licence, proceeding or liability existing at the commencement of this Ordinance by virtue of the repealed Ordinance.

Notwithstanding the repeal of the Public Health Ordinance 1962 [Ord. No. 24/62], any by-law, regulation, order or notification made or issued under that Ordinance shall continue to be in force and have effect until and unless such by-law, regulation, order or notification is amended or revoked by any regulation made under section 64 or is repealed under any other written law.

Any proceeding, action, claim or liability made, instituted, filed, commenced or incurred under the repealed Ordinance or any by-law or regulation made thereunder prior to the date of commencement of this Ordinance shall be deemed to be continued or have been so incurred as if this Ordinance has not been enacted.

Removal of difficulties 66.

The Minister may, by Order published in the Gazette, make such provisions as it considers necessary or expedient for the purpose of removing any difficulties occasioned by the coming into force of this Ordinance, and such Order may be made so as to have effect as from the date of commencement of this Ordinance.

Amendment of Schedule 67.

The Majlis Mesyuarat Kerajaan Negeri may, by notification published in the Gazette, amend the Schedule and such amendment shall take effect on such date as may be specified in the notification.

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