Section 2
Interpretation
of Protection of Public Health Ordinance, 1999
—
(1)
In this Ordinance—
“analysis” includes any examination made to ascertain the nature and amount of any constituent of a sample of food or any drug, and “analyse” shall be construed accordingly;
“analyst” means an analyst appointed by the appropriate authority to carry out analysis required under this Ordinance;
“animal” includes any bird, fish, amphibian and reptile, quadruped, domesticated or otherwise;
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“article” does not include a live animal;
“building” includes any structure or premises whatsoever, whether permanent or temporary, wheresoever located, for whatsoever purpose used;
“Chief
Administrative
Officer”
means the
Chief
Administrative Officer of a local authority;
“contamination” means the presence of agents of an infectious disease on the surface of or in non-living things or on the body surface of living things, and includes any undesirable chemical or substance;
“designated trades” means those trades designated in the
Schedule;
“Director” means the Director of Health in Sarawak, and includes his Deputy, any person for the time being discharging the duties of the Director, and any person authorized by the
Director to carry out any of the functions or duties conferred on him by this Ordinance;
“disease bearing insect” means any insect carrying or causing or capable of carrying or causing any disease to human beings or domestic animals, and includes the eggs, larvae and pupae of such insect;
“drain” includes a private drain and a public drain;
“federal Government” means the Government of Malaysia;
“food” includes any substance consumed by human beings or any substance used in the composition or preparation of any such substance including flavouring matters and condiments;
“food premises” means any premises used or intended to be used for the preparation, processing, storage, packaging of food for sale, and where food is served or offered for sale to the public;
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“Government” means the Government of the State of
Sarawak;
“hotel” means any building where separate accommodation is offered to the public at a charge, with outlets and facilities for refreshment, dining, entertainment and recreation;
“infection” means the entry of agents of an infectious disease into living things and the multiplication of such agents in living things;
“infectious disease” means any of the diseases specified in the First Schedule to the Prevention and Control of Infectious
Disease Act 1988 [Act 342], and includes zoonotic diseases;
“infested” means infested with rodents or disease bearing insects;
“local authority” means any local authority constituted under, or named in the First Schedule to, the Local Authorities
Ordinance, 1996 [Cap. 20];
“lodging house” means any premises in which general accommodation, with or without partition, is offered to the public at a charge, and includes a boarding house or dormitory not belonging to the federal Government or the Government;
“medical practitioner” means a medical practitioner registered under the Medical Act 1971 [Act 50];
“Minister” means the Minister in the Government having responsibilities for public health;
“occupier”, in respect of any building, means the person in occupation of the premises or having charge, management or control thereof or any part thereof either on his own account or as agent or invitee of another person, and includes a lodger;
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“Ordinance” includes any regulations or by-laws made thereunder;
“owner”, in respect of any premises, means the registered proprietor of the land and, if the registered proprietor of the land cannot be traced, the person for the time being receiving rent of any premises, whether on his account or as agent or trustee or as receiver or manager or as liquidator, or who would receive the same if the land or building thereon were let to the tenant, and includes—
(a)
the federal Government and the Government;
and
(b)
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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(2)
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.