Malaysia legislation
Section 65
Section 65
(1)
Where a person is proceeded against for an offence against this Part in respect of any food business carried on at any premises or stall or in respect of any premises or stall used in connection with a food business, the following provisions shall have effect.
(2)
If the person is convicted of the offence and the Court thinks it expedient to do so having regard to the gravity of the offence or (in the case of an offence committed in respect of premises or a stall) to the unsatisfactory nature of the premises, or stall, or having regard to any offences against this Part of which the person has previously been convicted, the Court may, on the application of the local authority or Health Officer, make an order disqualifying the person from using the premises or stall for the purpose of carrying on a food business for such period not exceeding two years as may be specified:
Provided that an order under this section shall not be made against any person unless the local authority or Health Officer has, not less than fourteen days before the date of hearing, given that person written notice of his intention to apply for an order to be made.
(3)
A person subject to an order under this section shall be guilty of an offence if, while the order is in force
(a)
he uses the premises or stall to which the order relates for the purpose of carrying on a food business; or
(b)
he participates in the management of any business in the course of which the premises or stall are so used by another person.
(4)
A person so subject may, at any time after the expiration of three months from the date on which the order came into force and from time to time thereafter, apply to the Court by which the order was made to revoke the order, and on any such application the Court may, if it thinks proper having regard to all the circumstances of the case, including in particular the person’s conduct subsequent to the conviction and any improvement in the state of the premises or stall to which the order relates, grant the application.
(5)
If an application under subsection (4) is refused by the Court to which it is made, a further application thereunder shall not be entertained if made within three months after the date of the refusal.
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(6)
The Court to which an application under subsection (4) is made shall have the power to order the applicant to pay the whole or any of the costs of the application.
(7)
In this section, the expression ―the Court‖ shall mean the Court of a
Magistrate of the First Class.
By-laws as to handling and sale of food.