Malaysia legislation
Section 25
Section 25
No person shall hawk, sell or expose for sale any food or goods of any kind or set up or use any stall, table, showboard, vehicle, vessel or receptacle for the purpose of hawking, selling or exposing for sale any food or goods of any kind in any street or part thereof or in any premises or public place or along any river without first obtaining a licence from a local authority.
Workers in food premises 26.—
All persons working in a food premises must be medically examined at such interval as the local authority may stipulate in the licence issued under this Part.
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(2)
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.
(3)
Any person—
(a)
who refuses to submit to a medical examination being required to do so under this section; or
(b)
who has been medically examined and is found to be unfit to work in a food premises or to be suffering from an infected disease, but continues to work in a food premises, shall be guilty of an offence:
Penalty, a fine not exceeding two thousand ringgit or imprisonment not exceeding six months or both such fine and imprisonment.
(4)
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).
(5)
(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.
(b)
The local authority may, by notice in writing, direct that any person who fails, without reasonable cause, to attend such courses shall not be permitted to work in a food premises.
(c)
Any person who fails to comply with a direction issued under paragraph (b) shall be guilty of an offence: Penalty, a fine not exceeding one thousand ringgit and, in the case of a continuing offence, a further fine of fifty ringgit for each day during which the offence continues.
Food or article unfit for human consumption 27.—
No person shall, without lawful excuse, have in his possession any food or article intended for human consumption which is unwholesome or unfit for human consumption.
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(2)
The Director or a public health officer may at all reasonable times—
(a)
enter into and inspect any place which is used, or which he has reasonable grounds for believing to be used—
(i)
for the sale, either wholesale or retail, of food or article intended for human consumption; or
(ii)
for the preparation or storage of such food or article intended for sale; and
(b)
search any cart or vehicle or any basket, sack, bag, parcel or receptacle which he has reasonable grounds for believing to contain food or article intended for human consumption and may examine any such food or article which is therein.
(3)
For the purposes of subsections (1) and (2), any food or article commonly used for human consumption—
(a)
which is exposed or kept for sale;
(b)
which is found in premises used for the preparation, storage or sale of that food or article, shall be presumed, until the contrary is proved, to have been sold or, as the case may be, to be intended for sale for human consumption.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
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.