Malaysia legislation
Section 60
Section 60
(1)
The Minister may make regulations for securing the observance of sanitary and cleanly conditions and practices in connection with
(a)
the sale of food for human consumption; or
(b)
the importation, preparation, transport, storage, packing, wrapping, exposure for sale, service or delivery of food intended for sale or sold for human consumption, or otherwise for the protection of the public health in connection with the matters aforesaid.
(2)
Without prejudice to the generality of subsection (1), regulations under this section may make provision
(a)
for imposing requirements as to the construction,† lay-out, drainage, equipment, maintenance, cleanliness, ventilation, lighting, water supply and use † of premises in, at or from which food is sold for human consumption, or offered, exposed, stored or prepared for sale †
for human consumption including any parts of such premises in which apparatus and utensils are cleansed, or in which refuse is disposed of or stored;
(b)
for imposing requirements as to the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises, the disposal of refuse and the maintenance and cleanliness of apparatus, equipment, furnishings and utensils used in such
See footnote at page 28 supra.
† See corrigenda at page LXXiii of 1960 Annual Volume.
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premises;
(c)
for prohibiting or regulating the use of any specified materials, or of materials of any specified class, in the manufacture of apparatus or utensils designed for use in the preparation of food for human consumption, and the sale of apparatus or utensils designed for such use and containing any specified materials, or materials of any specified class;
(d)
for prohibiting spitting or smoking on premises where food is sold for human consumption, or offered, exposed, stored or prepared for sale for human consumption (including any parts of such premises where apparatus and utensils are cleansed);
(e)
for imposing requirements as to the clothing worn by persons in such premises;
(f)
for securing the inspection of animals intended for slaughter, and of carcases of animals, for the purpose of ascertaining whether meat intended for sale for human consumption is fit for such consumption;
(g)
for requiring the staining or sterilization in accordance with the regulations of meat which is unfit for human consumption, or which is derived from animals slaughtered in knackers’ yards, or which, though not unfit for human consumption, is not intended therefor;
(h)
for regulating generally the treatment and disposal of any food unfit for human consumption;
(i)
for prohibiting or regulating, and enabling local authorities to prohibit or regulate, the sale for human consumption, or the offer, exposure or distribution for sale for human consumption, of shell-fish taken from beds or other layings for the time being designated by or under the regulations.
(3)
In subsection (2), ―animals‖ includes poultry.
(4)
Regulations under this section may make different provisions in relation to different classes of business, and without prejudice to the foregoing provisions of this section, any such regulations imposing requirements in respect of premises may impose
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responsibility for compliance with those requirements on the occupier of the premises and, in the case of requirements of a structural character, on any owner of the premises who either lets them for use for a purpose to which the regulations apply or permits them to be so used after notice from the authority charged with the enforcement of the regulations.
(5)
If any person who has incurred, or is about to incur, expenditure in securing that the requirements or regulations made under this section, being requirements of a structural character, and complied* with in respect of any premises owned or occupied by him claims that the whole or any part of the expenditure ought to be borne by any other person having an interest in the premises, he may apply to the Court of a Magistrate of the First Class, and the Court may make such order concerning the expenditure or its apportionment as appears to the Court, having regard to all the circumstances of the case, including the terms of any contract between the parties, to be just and equitable;
and any order made under this subsection may direct that any such contract as aforesaid shall cease to have effect in so far as it is inconsistent with the terms of the order.
(6)
Regulations made under this section may impose in respect of vehicles, stalls and places other than premises, any such requirements as may be imposed thereunder in respect of premises.
Food business not to be carried on at insanitary premises, etc..